36H79725R0004 A0001.pdf

5. PROJECT NUMBER (if applicable)

CODE7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODECODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

A0001 04-18-2025

36H797

Department of Veterans Affairs OPAL/ National Acquisition Center Building 37 1st Avenue, One Block North of Cermak Hines IL 60141

36H797

Department of Veterans Affairs OPAL/ National Acquisition Center Building 37 1st Avenue, One Block North of Cermak Hines IL 60141

To all Offerors/Bidders

36H79725R0004

03-17-2025

A0001

X

X X x 1

The purpose of this amendment is to incorporate changes and updates to clauses in accordance with VA Class Deviation from the Federal Acquisition Regulation (FAR) Regarding Executive Orders 14173 and 14168 and Class Deviation to VAAR Part 822, Application of Labor Laws to Government Acquisition, and Part 852, Solicitation Provisions and Contract Clauses, to Require Compliance with Executive Order (E.O.)13899

In addition, the following changes are hereby made:

- Response to questions

- Update to EPA clause language

- Other changes and updates to clauses Please note all changes have been highlighted in the solicitation document.

Marissa Wright Contracting Officer

The following updates are hereby incorporated to the solicitation:

1. Remove the following clauses from Section C.19 (FAR 52.212-5):

FAR 52.222-21 Prohibition of Segregated Facilities

FAR 52.222-26 Equal Opportunity

2. The following paragraphs replace the solicitation provisions incorporated and contract clauses in effect, in lieu of those paragraphs in the following provisions and clauses:

52.204-8 Annual Representations and Certifications.

Substitute the following paragraph (c)(1) (xiv), (xv) and (xix) for that paragraph in the provision at Federal Acquisition Regulation (FAR) 52.204-8:

Annual Representations and Certifications (JAN 2025) [(DEVIATION FEB 2025)]

(c)(1) * * *

(xiv) [Reserved]

(xv) [Reserved]

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services. As prescribed in 12.301(b)(2), insert the following provision:

Substitute the following paragraph (d) for that paragraph in the provision at

FAR 52.212-3:

Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024)[(DEVIATION FEB 2025)]

(d) [Reserved]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

Substitute the following paragraphs (b)(33), (34), and (e)(1)(ix) and (x) for those paragraphs in the clause at FAR 52.212-5:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025)

[(DEVIATION FEB 2025)]

(b) * * *

(33) [Reserved]

(34) [Reserved (e)(1) * * *

(ix) [Reserved]

(x) [Reserved] Alternate II (JAN 2025)[(DEVIATION FEB 2025)]. * * * (e)(1) * * *

(ii) * * *

(I) [Reserved]

(J) [Reserved] 52.244-6 Subcontracts for Commercial Products and Commercial

Services.

Substitute the following paragraphs (c)(1)(xi) and (xii) for those paragraphs in the clause at Federal Acquisition Regulation 52.244-6:

Subcontracts for Commercial Products and Commercial Services (JAN

2025) [(DEVIATION FEB 2025)]

(c)(1) * * *

(xi) [Reserved]

(xii) [Reserved]

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action

Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

PART 852 – SOLICIATION PROVISIONS AND CONTRACT CLAUSES

Subpart 852.2—Text of Provisions and Clauses

[852.222-71, Compliance with Executive Order 13899. (DEVIATION) (APR 2025)

As prescribed in 822.810(h), insert the following clause:

Compliance with Executive Order 13899. (DEVIATION) (APR 2025)

a. The contractor shall comply with Executive Order 13899, Combating

Anti-Semitism, pursuant to Title VI of the Civil Rights Act of 1964 (Title

VI), 42 U.S.C. 2000d et seq.

b. The contractor shall timely disclose, in writing, to the Contracting

Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation under

Executive Order 13899, Combatting Anti-Semitism pursuant to the Civil

Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.

c. The contractor shall include the terms and conditions of this clause in every subcontract or purchase order so that these terms will be binding on every subcontractor or vendor.

(End of clause)

FAR

Number

Title Date

852.211-70 EQUIPMENT OPERATION AND MAINTENANCE

MANUALS

NOV 2018

A.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of Clause)

A.2 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

ADDENDUM TO FAR 52.216-2 ECONOMIC PRICE ADJUSTMENT-STANDARD SUPPLIES

ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG PRICE - ONE UPWARD

ADJUSTMENT AUTHORIZED EACH YEAR TERM

(a) All price adjustments authorized or mandated by the EPA clause are based upon changes in the Contractor’s List Prices. The clause also provides for voluntary price reductions (VPR) in the form of “specials” or “discounts”.

(b) Definitions:

(1) Contract Unit Price: The price per unit of issue comprised of the “List Price” and the applicable “Discount”. The Contract Unit Price is determined by reducing the applicable List Price by the appropriate Discount. The list prices and discounts shall be listed in the contract.

The resulting net contract unit prices may or may not be listed in the contract at the discretion of the Contracting Officer.

(2) Discount: The percentage reduction off the List Price proposed by the contractor and accepted by the Government. These percentages may vary per item and quantity ordered.

They shall be agreed to at time of award and may not be reduced for the life of the contract.

These discounts are in addition to any standard trade discounts in the contractor’s established commercial Catalog/Price List. (Contractors may offer larger discounts and/or reduced List Prices at any time.)

(3) List Price: The established Catalog Unit Prices of the items. In order for a “List Price” to meet the criteria as an established Catalog Price, it must meet the definition in (c) below.

(4) Voluntary Price Reduction (VPR): See paragraph (l) below.

(c) The term "established Catalog Unit Price", as used in this clause, means a Unit Price that

(i) is a Catalog Price for a commercial item sold in substantial quantities to the general public and (ii) is the net price after applying any standard trade discounts offered by the contractor.

(d) The offeror/contractor warrants that (1) the List Prices and the subsequent revisions thereto are the established Catalog Unit Prices in effect at time of Award or adjustment for like quantities of the same items and (2) any Contract Unit Prices determined using these List Prices do not include allowances for any portion of the contingency covered by this clause.

(e) Prior to award the contractor must furnish:

(1) their current established Catalog/Price List, offered Discounts, proposed Contract Unit Prices.

(f) Upon acceptance by the Government, the Award Unit Prices will be established at the List Prices minus the agreed-to Discounts.

(g) Downward Adjustments.

(1) Downward adjustments to Contract Unit Prices are mandated whenever there are decreases in List Prices. The contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in List Price. The Contractor shall propose a lower Contract Unit Price taking into consideration the benchmark in paragraph (g)(2) below. The contractor must furnish a copy of the revised Catalog/Price List as soon as it is available. Also, the contractor must provide an Excel spreadsheet or ACCESS Database (in both hard copy and disc) that displays for each item with an offered decrease in Contract Unit Price the appropriate information below. The Contractor shall submit this information at least 60 days prior to the date when the reduced List Prices take effect.

(i) The Supplier (Catalog); e.g., ABC Imaging, Inc.

(ii) The Product Name/Nomenclature; e.g., High Speed Hand piece.

(iii) Part Number; e.g., HIH 2000

(iv) The List Price upon which the current Contract Unit Price is based.

(v) The applicable Contract Discount used as a basis for determining the current Contract Unit Price.

(vi) The Contract Unit Price currently in effect.

(vii) The reduced List Price.

(viii) The applicable Contract Discount or larger Contract Discount now offered.

(ix) The reduced Contract Unit Price now offered.

(x) The percentage decrease in List Price from the List Price which determined the current Contract Unit Price to the new, lower List Price.

(xi) The percentage change in Contract Unit Price from the current Contract Unit Price to the new lower Contract Unit Price now offered.

(2) Reductions in List Price(s). For any offered price decrease, the appropriate discount or larger discount now offered will be applied to each reduced List Price to determine the adjusted Contract Unit Price provided the proposed lower Contract Unit Price does not exceed the following benchmark:

The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the List Price currently in effect under the contract to the new lower List Price; i.e., the current Contract Unit Price must, as a minimum, be reduced by the percentage decrease in List Price.

(3) If the proposed Contract Unit Price exceeds the List Price benchmark, the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the benchmark. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s) and the list price(s) and discount(s) which make up these prices.)

If an agreement cannot be reached the Contracting Officer has the option of removing these items from the Contract or taking the action in the last sentence below. If the proposed Contract Unit Price does not exceed the benchmark, it will be determined fair and reasonable. Upon acceptance of any proposed price decreases, the Government shall modify the contract to include the reduced list prices and discounts. The adjusted Contract Unit Prices may or may not be shown in the modification at the discretion of the Contracting Officer. These reduced Contract Unit Prices shall apply to those items ordered on or after the date when the reduced List Price(s) take effect. If the contractor fails to notify the Contracting Officer of any List Price decreases within the timeframe and in the manner stated above or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the effective date of the decrease in the Contractor’s established List Prices.

(h) Upward Adjustments.

(1) During the first year of the base term, (i.e award date 10/01/2025 would equate to the period 10/1/25 THRU 9/30/2026), Contract Unit Prices are not subject to any upward adjustment. However, the Contractor is authorized to submit one upward adjustment request starting from the second year of the base term, and during each year thereafter, to include the years in the OPTION PERIOD (IF INVOKED). Therefore, in total, no more than 9 annual adjustments may be invoked on this contract.

Request shall be submitted no later than 60 days prior to the effective date of the upcoming CONTRACT Year. Each request for upward price adjustment must be based upon increases in List Prices only. (List Price increases which will take effect beyond this 60 day evaluation period, shall not be included in the upcoming adjustment but may be submitted for the subsequent Annual adjustment.) The Contractor shall propose a Contract Unit Price taking into consideration the benchmarks in paragraph (h)(2). The request shall include a copy of the revised Catalog/Price List and the following for each item with a proposed increase in Contract Unit Price:

(i) A separate Excel spreadsheet that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The Supplier (Catalog); e.g., ABC Dental, Inc.

(C) The Product Name/Nomenclature; e.g., High Speed Hand piece.

(D) The Part Number; e.g., HIH2000.

(E) For the initial ADJUSTMENT PERIOD, the List Price that determined the Award Unit Price, the applicable Contract Discount, and the Award Unit Price. For all subsequent ADJUSTMENT PERIODS, the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year, the applicable discount, and the highest Contract Unit Price that was in effect during the preceding Contract Year.

(F) The increased List Price and its effective date, the applicable Contract Discount or larger Contract Discount now offered, and the proposed higher Contract Unit Price.

(G) For the initial ADJUSTMENT PERIOD, the percentage change from the List Price that determined the award unit price to the new higher List Price. For all subsequent ADJUSTMENT YEARS, the percentage change from the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year to the new higher List Price.

(H) Any other information required by the Contracting Officer.

(2) Benchmarks. If any List Price increases, and the increase is authorized under this clause, the Contract Unit Prices for any corresponding items ordered after the increase takes effect shall be determined using the increased List Price and either the applicable Discount originally awarded or any larger Discount now offered that applies to the affected item. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lower of the following two benchmarks:

(i) For the Initial ADJUSTMENT PERIOD of the contract, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the List Price that determined the award unit price to the new higher List Price.

For all subsequent ANNUAL ADJUSTMENT PERIODS, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher List Price.

(ii) Any proposed higher Contract Unit Prices are subject to the following limitations:

(A) For the initial ANNUAL ADJUSTMENT, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the award unit price plus the annual ceiling).

ANNUAL CEILING, ALL ITEMS: 4%

There is no percentage limit on downward adjustments under this clause.

(B) For all subsequent Option Years, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the highest Contract Unit Price in effect during the preceding Contract Year for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the highest

Contract Unit Price in effect during the preceding Contract Year plus the annual ceiling.)

ANNUAL CEILING, ALL ITEMS: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract to include the increased list prices and discounts. The adjusted Contract Unit Prices may or may not be included in the modification at the discretion of the Contracting Officer. Upward price adjustments shall be effective on the ANNUAL ANNIVERSARY OR TERM OPTION EFFECTIVE DATE unless either of the following occurs:

(i) If the Contractor's request for price adjustment is not received 60 days prior to the effective date of the upcoming ANNUAL ADJUSTMENT/BASE OR OPTION TERM (if exercised), any approved upward price adjustment shall not be effective until 60 days after receipt of the request.

(ii) If during the 60 day period the Government has to evaluate prices and modify the contract, the Contracting Officer is unable to determine during that period that a price increase on any item or items is fair and reasonable (i.e., the proposed Contract Unit Price exceeds the lower of the two benchmarks above).

In this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable. If necessary, the Contracting Officer shall conduct discussions with the Contractor to negotiate a price reduction which results in a Contract Unit Price that does not exceed the lower of the two benchmarks.

When discussions have concluded and an agreement which results in fair and reasonable prices is reached, the Contractor shall confirm the agreed-to price(s) in writing (The agreement shall also identify the list price and discount which makes up each agreed-to price.) Once the written agreement is received, the Government shall modify the contract to include the increased list prices and discounts. The adjusted Contract Unit Prices may or may not be included in the modification at the discretion of the Contracting Officer. If the Contracting Officer and the contractor are unable to agree upon the price for any items, the Contracting Officer will delete these items from the contract. In addition, the Contracting Officer may also, at any time, remove any item from the contract that the Contracting Officer believes is no longer reasonably priced (if the Contracting Officer and the contractor are unable to agree upon a reduced price) and notify customers accordingly.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (h)(2)(ii). In such cases, the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in Contract Unit Price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower Contract Unit Price, or delete the item(s) from the contract. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a Contract Unit Price that exceeds the other benchmark.

(5) Increased List Prices shall not be used to compute Contract Unit Prices for Delivery Orders issued before the date the adjusted Contract Unit Prices take effect under the Contract.

(6) If the Contracting Officer removes items from the contract because an adjustment request price is determined to be unreasonable (see (g)(3)and (h)(3) and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered by the Contractor in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(i) If the Contracting Officer at any time has any reason to believe that the established List Price has been discontinued, the basis for the List Price has been substantially altered, or that the item no longer meets the criteria to qualify as an established Catalog Priced item, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that any of the preceding conditions are present and a substitute for determining price adjustments is needed, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this or another appropriate clause. The Contract shall be modified to incorporate the substitute and its effective date.

(j) Pricing actions pursuant to paragraph (c) entitled “Changes” of FAR clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(k) Pending approval of any proposed price changes and the subsequent modification of the Contract Unit Prices, payment shall be made at the Contract Unit Prices in effect at the time of order.

(l) Voluntary Price Reductions (VPR): A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time.

The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The contractor shall notify the Contracting Officer when the VPR takes effect, which items are included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the Contract Unit Price(s) in effect at that time.

If a List Price decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased List Price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted Contract Unit Prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of Text)

See attached document: 36H79725R0004 Solicitation.

See attached document: Response to Questions Attachment 10 - 36H79725R0004.