ATTACHMENT D_ PROVISIONS AND INSTRUCTIONS_PAPR_04012025.pdf

ATTACHMENT D_ PROVISIONS AND INSTRUCTIONS_PAPR

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:

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

(a) All actual and potential quoters 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 quoters 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 quoters to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of Provision)

E.2 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment— https://www.sam.gov/

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

E.3 FAR 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

E.4 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204- 7).

(End of Provision)

In addition to information provided by FAR Clause 52.212-1 Instructions to Offerors-Commercial Items, the following details apply:

A. QUOTE SUBMISSION INSTRUCTIONS

(a) All questions, quote submissions and Past Performance Questionnaires shall be submitted via email to the Contracting Officer (CO) at Anthony.Zibolski@va.gov and Sara.Vickroy@va.gov. Submissions shall include “36C10G25Q0059” in the email subject line.

(b) All questions shall be submitted using the template provided as ATTACHMENT H_TEMPLATE FOR INDUSTRY QUESTIONS_PAPR on or before April 7, 2025, at 8:00 AM Eastern. Only written questions will be accepted. Any questions received after the due date may not be answered.

(c) Quotes shall be submitted on or before the date and time indicated within the announcement (SAM.gov Contract Opportunities). Quotes received after the due date and time will be late and may not be considered for award.

(d) Revisions to this solicitation will be posted on Contract Opportunities. Copies of the revisions will NOT be individually mailed or sent via email. No other notification of revisions will be provided. Quoters are advised that they are responsible for obtaining and acknowledging any revisions to the solicitation.

(e) Format:

1. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer.

2. All proprietary information shall be clearly and properly marked. Footnotes to text shall not be used. Additionally, quoters shall not use hyperlinks or embedded files of any kind in any quote volume. If included, these will not be reviewed or evaluated. Pages in violation of these instructions, either by exceeding the margin, font or spacing restrictions, may not be evaluated.

3. File Packaging: Do not compress (zip) quote files. VA Network Security Operations

Center (NSOC) has blocked email attachments with the “.zip” extension as a mitigation measure against the ongoing world-wide ransomware event impacting many organizations. During this time, .zip file extensions will be permanently https://www.sam.gov/ mailto:Anthony.Zibolski@va.gov mailto:Sara.Vickroy@va.gov stripped from email traffic and will not be recoverable. Due to VA email file size restrictions, quoters are encouraged to logically separate their quotes into separate emails. If this is necessary, quoters should attempt to contain complete volume within single email transmissions (and not split volumes). Quoters are encouraged to review and ensure that sufficient bandwidth is available on their end of the transmission.

4. Content Requirements. All information shall be confined to the appropriate file.

Quoters shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Quoters are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote.

5. Quotes submitted in response to this solicitation shall contain the following in separate volumes:

Volume Number

Evaluation Factor File Name

Volume I Technical Acceptability [Quoter Name] _Technical.pdf

Volume II Past Performance [Quoter Name] _Past Performance

Volume II Price [Quoter Name] _Price.pdf

Volume III

Quotation, amendments and other

Certifications & Representations

[Quoter Name] _Rep.pdf

B. VOLUME I –TECHNICAL ACCEPTABILITY FACTOR

This requirement will be in accordance with FAR 52.211-6, Brand Name or Equal, which requires that quoters indicate each product being quoted is an “equal” product to 3M® Versaflow Easy Clean PAPR Kit TR-300N+ ECK 1.

Quoters shall provide descriptive technical literature which will be used to thoroughly evaluate each quote to determine the extent to which the quoted products meet the Salient Characteristics (SCs) listed in ATTACHMENT I_ PRODUCT DESCRIPTION_PAPR. All the SCs listed in the solicitation must be met to be considered technically acceptable and eligible for award. For each equal product, the quoter must include a description reflecting the salient characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of the equal product(s) specified in the solicitation.

Beyond the SCs, the following information shall be provided:

1. Cleaning Requirements;

2. Doffing and donning procedures;

3. Battery changing procedures; and

4. Delivery timeframe after receipt of order

5. Warranty terms.

Quoter must complete and return the Salient Characteristics chart in ATTACHMENT I_ PRODUCT DESCRIPTION_PAPR. listing the location where compliance to the salient characteristics can be found in the technical literature. The chart must be included within Volume I of each quoter’s quote. Quoters which do not include this completed chart will not be considered for award.

In addition to technical literature, the following shall be provided within the Volume I submission:

a. Quoters shall provide documentation (i.e., certificate, letter, etc.) that verifies registration as required by the Food and Drug Administration (FDA) under subpart B of part 807 of title 21, Code of Federal Regulations, or any successor regulation.

b. Each quoter must submit ATTACHMENT J_CERTIFICATION OF RECALL OR

SAFETY ISSUES signed by an authorized representative of the company to affirm that no submitted items have been recalled or have a known safety issue.

c. Quoters who are distributers shall be authorized distributors/resellers as certified by the original equipment manufacturer (OEM) (i.e., in OEM letter with a current date and duly signed by OEM’s authorized representative) to be eligible for award. Quotes received without the required letter will not be evaluated and shall be ineligible for award. The OEM letter must be valid for the life of the contract.

d. Quoters may propose any additional ancillary products which they deem to be essential to the functionality of the proposed solution; these ancillary items must be quantified in the quoter’s Pricing Volume with an estimated quantity of zero (0). Only new OEM parts are acceptable; no remanufactured or "gray market" items. No product in development shall be considered. All items must be covered by the manufacturer's warranty.

e. Quoters may quote an alternative contract line-item number (CLIN) structure IAW FAR 4.1003 and 4.1004. Quoters may also quote any product solution or configuration so long as they meet the salient characteristics. Quoter must describe which original CLINs the alternate product solution or configuration replace Products proposed in the technical volume must be appear on and correspond with the Quoter’s pricing volume (ATTACHMENT A_PRICE COST

SCHEDULE_PAPR)

f. No pricing shall be included in Volume I submission.

C. VOLUME II PAST PERFORMANCE

Quoters shall complete ATTACHMENT G_PAST PERFORMANCE REFERENCE_PAPR in its entirety, listing a total of 3 contracts/orders for work performed in the past 3 years or currently being performed, for Enterprise-wide delivery of medical equipment. The Government will make the determination of relevance (based on size, scope, and complexity of requirement).

Contracts/orders listed may include those entered into with the Federal Government, agencies of state and local governments and commercial concerns. Quoters may also submit past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the acquisition. For the purposes of this solicitation, a major subcontract is defined as 20% of the total contract effort. Data concerning the prime Contractor shall be provided first, followed by each proposed major subcontractor, in alphabetical order.

Quoters shall indicate on ATTACHMENT G_PAST PERFORMANCE REFERENCE_PAPR if there are Contractor Performance Assessment Reporting System (CPARS) report(s) available for each reference. In the event an assessment was not completed in CPARS for the contract/order, quoters may request the reference point of contact (POC) to complete and submit a Past Performance Questionnaire (PPQ) (ATTACHMENT F_PAST PERFORMANCE QUESTIONNAIRE_PAPR). The quoter shall instruct the POC at the referenced entity to return a copy of the completed PPQ directly to the Contracting Officer at anthony.zibolski@va.gov and sara.vickroy@va.gov, NO LATER THAN THE CLOSING DATE OF THE SOLICITATION (inclusive of any closing date extensions granted via amendment). PPQs will only be evaluated for those contracts/orders that do not have a CPARS report available.

PPQs submitted by the quoter will not be accepted.

Quoters shall indicate on ATTACHMENT G_PAST PERFORMANCE REFERENCES_PAPR if they have no record of relevant or recent past performance.

D. VOLUME III –PRICE FACTOR

Quoters shall complete ATTACHMENT A_PRICE COST SCHEDULE_PAPR and include within Volume III submissions.

In order to maximize the VA’s buying power and leverage the best value for the taxpayer, the VA is seeking volume discounts. It is expected that as the output and scale of an operation increases, that the unit cost per item should decrease as fixed costs are spread over more units of output. The VA expects that a portion of these reduced costs be will passed-on and reflected in lower unit pricing. Quoters shall add rows to ATTACHMENT A_PRICE COST SCHEDULE_PAPR as necessary to capture tiered pricing for volume discounts.

mailto:anthony.zibolski@va.gov mailto:sara.vickroy@va.gov

Price Rounding Issue - The Government requires quoters to propose unit prices and total prices that are two decimal places and requires the unit prices and total prices to be displayed as two decimal places. Ensure that the two-digit unit price multiplied by the item quantity equals the two-digit total item price (there should be no rounding). {Quoters shall ensure that the actual values in Excel spreadsheet cells are no more than two decimal places even if values in the spreadsheet cells are formatted to display two decimal places. (i.e., =ROUND((T2*1.015),2) for all option periods to calculate for escalation)}

The Government requests that quoters provide prices, warranties, conditions, benefits and terms that are at least equal to or more favorable than the prices, warranties, conditions, benefits and terms proposed by quoters to any customers for the same or a substantially similar quantity and type of service.

The current service level agreement (SLA) fee which applies to this contract action is 3.0%. This SLA Fee shall be imbedded in the awarded contract/agreement price(s) and quotes submitted in response to this solicitation shall include this SLA Fee in the price of every line item quoted.

All pricing is inclusive of shipping. Shipping charges shall be imbedded within the contract line-item pricing.

E. VOLUME IV – OFFER, AMENDMENTS, AND CERTIFICATIONS/

REPRESENTATIONS

Certifications and Representations - An authorized official of the firm shall sign the quote sheet and all certifications requiring original signature. The quote sheet should be dated and submitted on letterhead stationery. An Acrobat PDF file shall be created to capture the signatures for submission.

At a minimum the quote sheet shall contain the following:

a. Solicitation Number.

b. Acknowledgement of Amendments, if any.

c. The name, address, and telephone number of the quoter.

d. Tax Identification Number (TIN).

e. Unique Entity Identity (UEI) Number / Cage Code.

f. Point of Contact for submission of orders if awarded contract.

g. Authorized Distributor Letter certified by OEM with current date.

h. Quoters shall submit representations and certifications in accordance with FAR 52.212-3 and FAR 52.204-24, if not completed in SAM.

i. Quoters shall complete, sign and return VAAR clause 852.219-76

(located in Attachment C) in its entirety with its quote. Quoters are cautioned that the Government will not consider quotes for award from quoters that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

j. Quoters shall complete and return the provision at FAR 52.209-7.

k. Period for acceptance of quotes. The quoter agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes unless another time period is specified in an addendum to the solicitation.

l. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

m. Quoters are hereby advised that any quote-imposed terms and conditions and/or assumptions which deviate from the Government’s material terms and conditions established by the solicitation, may render the Quoter’s quote Unacceptable; thereby, ineligible for award.

n. Any proposed terms and conditions and/or assumptions upon which the quote is predicated.

E.5 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price, Requirements contract resulting from this solicitation.

E.6 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Email Address: VASACDirectorateC@va.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

E.7 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 Provision) mailto:VASACDirectorateC@va.gov https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR/VAAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT NOV 2024

52.204-16

COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.204-20 PREDECESSOR OF OFFEROR AUG 2020

52.209-6

PROTECTING THE GOVERNMENT’S INTEREST

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

NOV 2011

52.209-9

UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS

OCT 2018

52.211-6 BRAND NAME OR EQUAL AUG 1999

52.212-1

INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

SEP 2023

52.212-2

EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

NOV 2021

52.214-21 DESCRIPTIVE LITERATURE APR 2002

52.225-18 PLACE OF MANUFACTURE AUG 2018

52.229-11

TAX ON CERTAIN FOREIGN PROCUREMENTS—

NOTICE AND REPRESENTATION

JUN 2020

852.233-70

PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION

OCT 2018

852.233-71 ALTERNATE PROTEST PROCEDURE OCT 2018

852.239-75

INFORMATION AND COMMUNICATION

TECHNOLOGY ACCESSIBILITY NOTICE

FEB 2023

852.273-70 LATE OFFERS NOV 2021

852.273-74 AWARD WITHOUT EXCHANGES NOV 2021

(End of Addendum to 52.212-1)

E.7 FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

In addition to the information provided in FAR Clause 52.212-2 Evaluation—Commercial Products and Commercial Services, the following instructions apply:

A. BASIS FOR AWARD

The award resulting from this solicitation will be made based on the best overall quote that is determined to be the most beneficial to the government. To accomplish this, the government will perform a comparative evaluation comparing quotes to each other to select the quote that is best suited and provides the best value to the Government, considering the evaluation criteria in this solicitation.

The Government intends to award a single Requirements Contract with Firm-Fixed Price (FFP) orders in accordance with FAR 16.503, Requirements Contract resulting from this solicitation for Powered Air Purifying Respirators. Quoters will be required to deliver Powered Air Purifying Respirators to VA medical centers and facilities throughout the CONUS and OCONUS. The anticipated period of performance is for one 12-month base period with four 12-month option periods.

All quotes shall be subject to evaluation by a team of Government personnel. Contents of the written quotes will be evaluated to determine the degree and extent to which the quotes meet the requirements identified in the Solicitation. The written content of quotes will be evaluated in accordance with the evaluation approach defined in the solicitation. Quotes which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, will not be sufficient. Quoters who fail to meet the salient characteristics of the solicitation will be rated Unacceptable and thus, ineligible for award. The Government reserves the right to award without exchanges based upon the initial evaluation of quotes.

Consequently, Quoters are highly encouraged to quote their best solution and price in their initial submissions. However, the Government reserves the right to communicate with any or all Quoters submitting a quote, if it is determined advantageous to the Government to do so. If these communications take place, the Government is not obligated to communicate with every quoter (note that FAR Part 15 procedures do not apply; therefore, formal discussions are not applicable). All Quoters will be treated fairly and impartially. A Quoter may be eliminated from consideration without further communication if its quote is not among those considered most advantageous to the Government based its initial evaluation.

Quoters who fail to meet the minimum requirements of the solicitation shall be considered nonresponsive and thus will be ineligible for award. Quoters are cautioned that the award may not necessarily be made to the Quoter quoting the lowest price, or to the Quoter with the most highly rated quote. Award may be made to other than the lowest priced quote, if the Government determines that a price premium is warranted due to the merits of one or more of the non-price factors.

The Technical Factor is significantly more important than Past Performance and Price.

To receive consideration for award, a rating of no less than” Acceptable" must be achieved for the Technical Factor.

FACTORS TO BE EVALUATED

The following factors shall be used to evaluate quotes:

1. Technical Acceptability;

2. Past Performance; and

3. Price.

EVALUATION APPROACH

B. VOLUME I Technical Acceptability Evaluation Approach:

The Technical Evaluation Team (TET) will review the technical acceptability (Volume I) to determine whether the items proposed meet the requirements as identified in this solicitation.

The evaluation process will consider whether the quote demonstrates a clear understanding of the technical features involved in meeting the solicitation requirements.

Descriptive literature (and supplemental technical literature, if deemed necessary by the Quoter to supplement the descriptive literature) will be evaluated to determine whether the proposed items meet all of the Salient Characteristics. Any proposed product that does not meet all of the Salient Characteristics will be deemed unacceptable, and thus ineligible for award.

In addition to meeting all salient characteristics, in order to make a best value determination, the Government will also be making a direct comparison of the various features of the products offered including, but not limited to:

1. Battery;

2. Ease of cleaning / disinfecting;

3. Ease of use;

4. Battery replacement procedures

5. Delivery timeframe after receipt of order; and

6. Warranty terms.

C. VOLUME II PAST PERFORMANCE EVALUATION APPROACH

The Government will conduct a performance risk assessment based on the quality of Quoter’s past performance references. Past Performance will be evaluated to determine the extent to which the Quoter’s performance demonstrates the likelihood of successful performance in meeting the needs outlined in this solicitation.

The evaluation will only consider references which are recent (defined as Contracts/BPAs/Orders performed within the last three years) and relevant (defined as, when considered meet much of the size, scope and/or complexity compared to the product description of this requirement)

Past Performance will be evaluated and given an adjectival rating based on the Past Performance Questionnaires (PPQs) received, the written narrative provided by the Quoters, and other Government sources which may include Contractor Performance Assessment Reporting System (CPARS), the Contracting Officer’s knowledge of and previous experience with the supply, or any other reasonable basis. The Government may use present and/or past performance data obtained from a variety of sources, not just those contracts identified by the Contractor.

The Government may consider past performance information obtained through other sources which is reasonably available and determined to be relevant. Past performance information obtained will be used for both the responsibility determination and best value decision.

In the event that no relevant and recent Past Performance is identified for an Quoter the Government will rate the Quoter as neutral and the Quoter may not be evaluated favorably or unfavorably.

The Government is not required to contact references provided by the quoter. Also, references other than those identified by the quoter may be contacted by the Government to obtain additional information that will be used in the evaluation of the quoter's past performance. The Government may consider past performance information obtained through other sources which is reasonably available and determined to be relevant. Past performance information obtained will be used for both the responsibility determination and best value decision.

D. VOLUME III PRICE EVALUATION APPROACH

Price will not be evaluated adjectively or assigned a score. The Government will evaluate price in accordance with FAR 13.106-3(a) to determine whether it is considered fair and reasonable. ATTACHMENT A_PRICE COST SCHEDULE_PAPR of the solicitation will be reviewed and all total proposed unit prices for each contract line item (CLIN) (inclusive of option periods) will be added for a total cost for evaluation purposes. Each CLIN will be evaluated using the estimated quantities provided in ATTACHMENT A_PRICE COST SCHEDULE_PAPR of the solicitation. The Total Proposed Cost will be the aggregate sum of all CLINs for the entire period of performance. The SLA fee of 3% shall be included in the total proposed unit price.

Example:

CLIN 0001 CLIN 0002

UOM = EA UOM = EA

Proposed Unit Price = $60.00 Proposed Unit Price = $45.00 SLA Fee 3% = $1.80 SLA Fee 3% = $1.35 Total Proposed Unit Price = $61.80 Total Proposed Unit Price = $46.35 Estimated Qty = 2 Estimated Qty = 4

CLIN 0001: $61.80 x 2 = $123.60 CLIN 0002: $46.25 x 4 = $185.00 Total Evaluated Cost = $308.60

The proposed firm fixed unit prices will be binding and incorporated in the resultant contract and utilized for all future orders placed during the term of the contract. The estimated quantities listed in ATTACHMENT A_PRICE COST SCHEDULE_PAPR are listed for informational and evaluation purposes only and do not obligate the

Government to purchase such quantity nor does the Government guarantee any volume of purchases through this contract. Quoters are encouraged to quote discounts.

(End of Addendum to 52.212-2)

E.8 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision— Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR 127, and the concern is identified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern— (1)(i) Not less than 51 percent of which is owned and controlled 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;

and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C.

101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) 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 veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business…