ATTACHMENT D - SOLICITATION PROVISIONS - NX EQ EEG SYSTEMS.docx

SECTION D – SOLICITATION PROVISIONS

D.1 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS—REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that—

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

(End of provision)

D.2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEVIATION NOV 2025)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. Federal taxes are considered delinquent if both of the following criteria apply:

(1) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if a pending administrative or judicial challenge remains. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(2) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) The Offeror has □ has not □, within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, 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 shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the Government will consider the certification in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.

(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

D.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (DEVIATION NOV 2025)

(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)

D.4 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION NOV 2025)

(a) The Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) (2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

D.5 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION OCT 2025)

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:

A. PROPOSAL SUBMISSION

1. INTRODUCTION: The Offeror’s proposal shall be submitted via email to Contract Specialist, Levi.Russin@va.gov, and Contracting Officer, Jessica Smith at Jessica.Smith32@va.gov no later than October 7, 2026, by 12:00 PM ET.

The Offeror’s offer shall consist of the four (4) volumes listed below. Each volume shall be submitted on a separate PDF or Excel document. One copy of each volume will be required.

a. Volume I: Technical

b. Volume II: Past Performance

c. Volume III: Price

d. Volume IV: Offer, Amendments, and Certifications & Representations

The use of hyperlinks and embedded documents is prohibited.

WARNING: Please do not wait until the last minute to submit your offers. Late proposals may not be accepted for evaluation. To avoid submission of late proposals, the Government recommends the transmission of your proposal file 24 hours prior to the required proposal due date and time. Please be advised that timeliness is determined by the date and time an Offeror’s proposal is received by the Government not when an Offeror attempted transmission.

2. PROPOSAL FILES: Offeror’s responses shall be submitted in accordance with the following instructions:

a. Format: 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 should be appropriately numbered and identified by the complete company name, date, and solicitation number in the header and/or footer. Proposal page limitations are not applicable to this procurement. All files will be submitted either as a Microsoft Word 2010 (doc) (if allowing Word documents) Microsoft Excel (.XLS) file or an Acrobat (PDF) file or compatible as indicated in the table. Page size shall be no greater than 8 1/2" x 11" with printing on one side, only. Font size shall be no smaller than 12-point. Arial or Times New Roman fonts are required. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape. Page numbers, company logos, headers and footers are not bound by the 12-point font requirement. Footnotes to text shall not be used. All proprietary information shall be clearly and properly marked.

b. File Packaging: Do not compress (zip) proposal files. VA Network Security Operations Center (NSOC) has temporarily 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 stripped from email traffic and will not be recoverable. Due to VA email file size restrictions, Offerors are encouraged to logically separate their proposal into separate emails. If this is necessary, Offerors should attempt to contain complete volume within single email transmissions (and not split volumes). Offerors are encouraged to review and ensure that sufficient bandwidth is available on their end of the transmission.

c. Content Requirements: All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential matters sufficient to define the proposal and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal. The proposals submitted in response to this solicitation shall contain the separate volumes listed in the Table below with titles as shown.

d. Proposals submitted in response to this solicitation shall contain the following in separate volumes.

Volume IV Offer, Amendments, and Certifications & Representations

Your Company Name - OfrRep.pdf

3. VOLUME I – TECHNICAL

Vendors shall provide descriptive literature which will be used to thoroughly evaluate each proposal and to determine the extent to which it meets the Salient Characteristics (SCs) listed in the Combined Synopsis/Solicitation Notice. All the minimum SCs listed in the solicitation must be met to be considered eligible for award. Those proposals which fail to meet all of the salient characteristics will be rated “Unacceptable” and will be ineligible for award.

Offerors are required to complete and return the yellow highlighted area on the Salient Characteristics Chart located on the Combined Synopsis document listing the location where compliance to the salient characteristics can be found. Offers which do not include the completed salient characteristic chart will be rated “Unacceptable” and will be ineligible for award.

Only original equipment manufacturer (OEM) parts are acceptable. Only new equipment is acceptable; no remanufactured, used/refurbished or "gray market" items. No product in development shall be considered. All items must be covered by the manufacturer's warranty.

Offeror’s may propose any product solution or configuration so long as they meet all the salient characteristics. Products proposed in the technical volume must be captured on the Offeror’s pricing volume (Attachment A, Price Cost Schedule of the solicitation).. Offerors are asked to propose any additional products that may be beneficial; these items must be captured in the vendor’s pricing volume with an estimated quantity of zero.

Distributors must be authorized as distributors/resellers as certified by the OEM (i.e., an OEM letter signed and dated by an OEM authorized representative within 12 months of proposal submission) to be eligible for award. OEM letter must be submitted with proposal. Any proposal received without an OEM letter meeting the requirements will be ineligible for award. The OEM letter must be valid for the life of the contract.

Further, Offeror’s proposal shall also include sufficient product details to allow for meaningful evaluation of the technical areas listed under the technical evaluation approach subfactors below.

1. Safety The device will be assessed for patient safety features, including, but not limited to the following areas:

a) Impedance checks for good contact and signal quality

b) Alarms

2. Design All design features and functions of the offered device will be evaluated. Areas include but are not limited to the following:

a) Number of AC and DC Channels

b) Options and accessories to include Photic Stimulator, Camera Infrared Lights, Microphones and batteries.

c) Simplicity of system design for operator use (easy setup, collection, review, analysis, report templates and ability to customize).

d) Analysis software capabilities

3. Performance Device will be evaluated for its ability to perform its intended function. Areas included but are not limited to:

a) Band width ranges

b) Detailed signal capture (sampling rates)

c) Integrated inputs

d) Multi-site data-sharing capabilities

e) Ambulatory recording capabilities

f) Clinical integration capabilities

g) Artifact filtering

4. Quality/Construction All aspects of the construction and quality of material of the device will be evaluated including but not limited to:

a) Training options and availability

b) Secure Data encryption HIPPAA/GDPR compliant

5. Terms and Conditions of Support and Service Plan

6. Terms and Conditions of Warranty

4. VOLUME II – PAST PERFORMANCE

The offeror shall complete Attachment F: Past Performance References in its entirety, listing a total of three relevant contracts/orders for work performed in the past three years or currently being performed. The Government will make the determination of relevance (based on size (overall contract value), scope (range of work involved), and complexity (challenges presented) of requirement).

Contracts/orders listed may include those entered into with the Federal Government, agencies of state and local governments and commercial concerns. Offerors may also submit past performance information regarding predecessor companies, key personnel who have relevant experience 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.

Offerors shall indicate on Attachment F if there are Contractor Performance Assessment Reporting System (CPARS) / Past Performance Information Retrieval System (PPIRS) report(s) available for each reference. In the event an assessment was not completed in CPARS/PPIRS for the contract/order, Offerors may request the reference point of contact (POC) to complete and submit a Past Performance Questionnaire (PPQ) (See Attachment G of this solicitation). The Offeror shall instruct the POC at the referenced entity to return a copy of the completed PPQ directly to the Contract Specialist at Levi.Russin@va.gov and Contracting Officer at Jessica.Smith32@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 PPIRS report available.

The Government is not required to contact references provided by the Offeror. Also, references other than those identified by the offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror'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.

Offerors shall indicate on Attachment F if they have no record of relevant or recent past performance.

5. VOLUME III – PRICE

The Offeror shall complete Attachment A - Price Cost Schedule - NX EQ EEG SYSTEMS and submit it in Volume III of their proposal.

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 will be passed-on and reflected in lower unit pricing.

Price Rounding Issue - The Government requires offerors to propose unit prices and total prices that are rounded to two (2) decimal places (i.e., the approximate value of a decimal number up to the hundredths place). Ensure that the two (2) digit unit price multiplied by the item quantity equals the two (2) digit total item price. {The Offeror shall ensure that the actual values in the Excel spreadsheet cells are no more than two (2) decimal places even if values in the spreadsheet cells are formatted to display two (2) decimal places. The decimal places following the hundredth place should reflect zeros (e.g., $100.43000)}.

The Government requests the Offeror to 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 the Offeror to any customers for the same or a substantially similar quantity and type of service.

6. VOLUME IV – OFFER, AMENDMENTS, AND CERTIFICATIONS & REPRESENTATIONS

Certifications and Representations - An authorized official of the firm shall sign the offer sheet and all certifications requiring original signature. The proposal 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 offer sheet shall contain the following:

a. Solicitation Number

b. Acknowledgement of Amendments if any

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

d. Tax Identification Number (TIN)

e. Unique Entity ID Number / Cage Code

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

g. Authorized Distributor Letter certified by OEM within last 12 months of proposal submission date

h. Offeror shall submit representations and certifications IAW FAR 52.212-1 and 52.204-7 to include 52.209-2, 52.209-5, 52.209-7, 52.209-11, and52.229-11if not completed in SAM.

i. Complete FAR 52.225-2 Buy American Certificate

j. Complete and return VAAR 852.219-76 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Supplies and Products

· Offerors shall complete, sign and return the VAAR clause 852.219-76 in its entirety with its Proposal. Offerors are cautioned that the Government will not consider proposals for award from offerors that do not provide the entire completed certification, and all such responses will be deemed ineligible for evaluation and award.

k. Period for acceptance of offers. The Offeror agrees to hold the prices in its proposal firm for 90 calendar days from the date specified for receipt of proposal 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. Proposals that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

m. All certified HUBZone small business concerns are required to identify themselves and state whether they elect to waive the evaluation preference.

Offerors are hereby advised that any Offeror-imposed terms and conditions and/or assumptions which deviate from the Government’s material terms and conditions established by the Solicitation, may render the Offeror’s proposal Unacceptable, and thus ineligible for award.

Any questions regarding this Request for Proposal (RFP) shall be addressed in writing to Contract Specialist Levi Russin at Levi.Russin@va.gov and Contracting Officer Jessica Smith at Jessica.Smith32@va.gov no later than September 23, 2026, 12:00 PM EST. No calls will be accepted.

(End of Addendum to 52.212-1)

D.6 52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION OCT 2025)

The following provisions are incorporated into 52.212-2 as an addendum to this solicitation:

A. BASIS FOR AWARD

This acquisition is being conducted in accordance with FAR Parts 12 and 15. Award will be made to the responsible Offeror whose proposal conforms to the solicitation and which represents the best value to the Government, with consideration given to the following evaluation factors: Technical, Past Performance, and Price. The Technical factor is significantly more important than the Past Performance factor. The non-price factors when combined are significantly more important than the Price.

To receive consideration for award all the salient characteristics listed in combined synopsis/solicitation must be met. Products failing to meet the salient characteristics and all the terms and conditions of the solicitation will be eliminated and receive no further consideration. Proposals that do not include the required documentation, including the completed Salient Characteristic Chart located in the combined synopsis, will not be evaluated and will be ineligible for award. Offerors are cautioned that the award may not necessarily be made to the Offeror proposing the lowest price, or to the Offeror with the most highly rated technical proposal. Award may be made to other than the lowest priced proposal, if the Government determines that a price premium is warranted due to the merits of one or more of the non-price factors.

B. FACTORS TO BE EVALUATED

1. Technical

2. Past Performance

3. Price

C. EVALUATION APPROACH

1. TECHNICAL EVALUATION APPROACH

All proposals will be subject to evaluation by a team of Government personnel. Contents of the written proposals will be evaluated to determine the degree and extent to which the proposals meet the requirements identified in the Solicitation. The written content of proposals will be evaluated in accordance with the evaluation approach defined in the solicitation. Proposals which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, will not be sufficient. Offerors who fail to meet the minimum technical requirements of the solicitation will be rated “unacceptable” and thus, ineligible for award. The Government will reserve the right to award without discussions based upon the initial evaluation of proposals. Offerors are cautioned that the award may not necessarily be made to the lowest price offered or the highest technically rated proposal.

Descriptive literature will be used to thoroughly evaluate each proposal to determine the extent to which it meets the salient characteristics delineated in the Combined Synopsis/Solicitation Notice of the solicitation. Proposals which do not meet the Salient Characteristics or include the completed Salient Characteristic Chart will be immediately excluded from competition and receive no further consideration for award. Descriptive literature will also be used to evaluate the technical proposal based upon the subfactors listed herein.

Offerors may propose any product solution or configuration so long as the solution proposed meets the salient characteristics. Equivalent products being proposed in the Technical Volume must also be clearly identified in the Pricing Volume. Products proposed in the technical volume must be captured on – appear and correspond with –the Offeror’s pricing volume (Attachment A, Price Cost Schedule of the solicitation).

Offerors 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 Offeror’s pricing volume with an estimated quantity of zero (0). Only new original equipment is acceptable; no remanufactured or "gray market" items. No product in development shall be considered. All items must be covered by the manufacturer's warranty.

Distributors must be authorized distributors/resellers as certified by the OEM (i.e., in OEM letter dated within 12 months of proposal submission and duly signed by OEM’s authorized representative) to be eligible for award. Those proposals which fail to meet the requirements of the solicitation and all the minimum salient characteristics will be rated “Unacceptable” and will be ineligible for award.

In addition to meeting or exceeding the salient characteristics listed in the solicitation, the evaluation process will consider the following technical subfactors and assign an overall adjectival rating:

Evaluation Sub-factors:

1. Safety The device will be assessed for patient safety features, including, but not limited to the following areas:

a) Impedance checks for good contact and signal quality

b) Alarms

2. Design All design features and functions of the offered device will be evaluated. Areas include but are not limited to the following:

a) Number of AC and DC Channels

b) Options and accessories to include Photic Stimulator, Camera Infrared Lights, Microphones and batteries.

c) Simplicity of system design for operator use (easy setup, collection, review, analysis, report templates and ability to customize).

d) Analysis software capabilities

3. Performance Device will be evaluated for its ability to perform its intended function. Areas included but are not limited to:

a) Band width ranges

b) Detailed signal capture (sampling rates)

c) Integrated inputs

d) Multi-site data-sharing capabilities

e) Ambulatory recording capabilities

f) Clinical integration capabilities

g) Artifact filtering

4. Quality/Construction All aspects of the construction and quality of material of the device will be evaluated including but not limited to:

a) Training options and availability

b) Secure Data encryption HIPPAA/GDPR compliant

5. Terms and Conditions of Support and Service Plan

6. Terms and Conditions of Warranty

1. PAST PERFORMANCE EVALUATION APPROACH

The Government will conduct a performance risk assessment based on the quality of Offeror’s past performance references. Past Performance will be evaluated to determine the extent to which the Offeror’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 information provided by the Offerors, 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 offeror the Government will rate the offeror as neutral and the Offeror may not be evaluated favorably or unfavorably.

No relevant or recent past performance, as indicated on Attachment F or based on the determination of relevance by the Government, will be considered neutral.

2. PRICE EVALUATION APPROACH

Price will not be evaluated adjectively or assigned a score. The Government will evaluate price in accordance with FAR 15.404-1(b) to determine whether it is considered fair and reasonable. Attachment A, Price Cost Schedule of the solicitation will be reviewed and all total proposed unit prices for each CLIN (including 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 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.

CLIN 0001: $61.80 x 2 = $123.60 CLIN 0002: $46.35 x 4 = $185.40 Total Evaluated Cost = $309.00

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 of the solicitation 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. Based on the anticipated volume of orders to be issued under this contract, Offerors are strongly encouraged to provide additional discounts and price reductions from their list prices.

Unbalanced Pricing - The Government may evaluate whether the Offeror has submitted unbalanced pricing. An unbalanced price is one where the price of one or more contract line items is significantly overstated or understated and which will result in the Government paying an unreasonably high price for contract performance or otherwise present an unacceptable level of risk to the Government. If the Contracting Officer determines that the risk is unacceptable, then the bid or offer can be rejected.

(End of Addendum to 52.212-2)

D.7 52.216-1 TYPE OF CONTRACT (DEVIATION NOV 2025)

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

(End of Provision)

D.8 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision- 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 part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) (13 CFR 126.103).

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.

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 the size standard in paragraph (b) of this provision.

(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, means a small business concern that-

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

(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 paragraph (1) of this definition.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) 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 the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 339113

(2) The small business size standard is 800 employees

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that—

(i) It [ ] is, [ ] is not a small business concern; or

(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not, a women-owned small disadvantaged business concern.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]

(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern.] The offeror represents as part of its offer that it [ ] is, [ ] is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]

(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.

(d) Notice.

Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—

(1) Punished by imposition of fine, imprisonment, or both;

(2) Subject to administrative remedies, including suspension and debarment; and

(3) Ineligible for participation in programs conducted under the authority of the Act.

(End of Provision)

D.9 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

(a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select ‘‘no’’.

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4) The terms ‘‘commercially available off-the-shelf (COTS) item,’’ ‘‘critical component,’’ ‘‘domestic end product,’’ ‘‘end product,’’ and ‘‘foreign end product’’ are defined in the clause of this solicitation entitled ‘‘Buy American—Supplies.”

(b) Foreign End Products:

[List as necessary]

(c) Domestic end products containing a critical component:

Line Item No.

[List as necessary]

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

(End of Provision)

D.10 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020)

(a) Definitions. As used in this provision— Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means—

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if—

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that—

(1) It [ ] is [ ] is not a foreign person; and

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of Provision)

D.10 52.233-2 SERVICE OF PROTEST (DEVIATION NOV 2025)

(a) Protests, (as defined in FAR 33.102), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from them.

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

(End of Provision)

D.12 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/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1 (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

(End of Provision)

(End of Provisions)