ATTACHMENT D SOLICITATION PROVISIONS NX EQ Electrosurgical Units Argon Enhanced Coagulation.docx

36C10X26Q0093 36C10G26Q0033

SECTION D – SOLICITATION PROVISIONS

D.1 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.2 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.3 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.4 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. QUOTE SUBMISSION

1. INTRODUCTION: The Offeror’s quote shall be submitted via email to Contract Specialist (CS) Daleta Coles, Daleta.Coles@va.gov and Contracting Officer (CO) Hosea Berkley, Hosea.Berkley@va.gov. All quotes shall be submitted no later than April 15, 2026, by 11:59PM EST.

The Offeror’s quote 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

The use of hyperlinks is prohibited.

Quotes will be evaluated solely on the information contained in quote submissions without reference to extraneous information.

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

2. QUOTE 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. Quote 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) quote 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 quote 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 quote 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 quote. The quotes submitted in response to this solicitation shall contain the separate volumes listed in the Table below with titles as shown.

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

VOLUME #

VOLUME I – TECHNICAL

This requirement will be brand name or equal which requires the offeror to indicate that each product being quoted as Erbe® VIO 3, Electrosurgical Units, Argon-Enhanced Coagulation or “equal” product. The offeror must include a description reflecting the salient characteristics (SC) and level of quality that will satisfy the salient physical, functional, or performance characteristics of the equal product(s) specified in the solicitation. The offeror must also clearly identify the item by brand name (if any) and make/model number. Finally, the offeror must include descriptive literature, such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the contracting officer and clearly describe any modifications it plans to make to a product to make it conform to the solicitation requirements. Descriptive literature will be evaluated to determine whether quoted items meet the SCs. Descriptive literature will also be evaluated to assess the strengths, weaknesses, deficiencies and risks for each technical sub-factor.

Technical quotes must demonstrate the offeror’s ability to meet all salient characteristics listed in the Combined Synopsis/Solicitation Notice Product Description Salient Characteristics chart. Only offerors that provide the necessary technical details to ensure that the Government has a complete understanding of the Offeror’s capabilities will be considered for award. Quotes that fail to meet all salient characteristics of the solicitation will be ineligible for award.

Offerors must list the location where compliance to the salient characteristics can be found on the Salient Characteristics Table located in the Combined Synopsis/Solicitation Notice - Product Description of solicitation. The chart must be included with the Offeror’s quote.

Offerors may quote an alternative contract line-item number (CLIN) structure IAW 4.202-2 and 4.202-3. Offerors may also quote any product solution or configuration so long as they meet the salient characteristics. Products quoted in the technical volume must appear on and correspond with the Offeror’s pricing volume (Attachment A - Price Cost Schedule - NX EQ Electrosurgical Units, Argon-Enhanced Coagulation).

Offerors may quote any additional ancillary products which they deem to be essential to the functionality of the quoted solution; these ancillary items must be quantified in the Offeror’s pricing volume with an estimated quantity of zero (0).

Only new 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 Original Equipment Manufacturer (OEM) (i.e., OEM letter dated within 12 months of the solicitation close date and duly signed by OEM’s authorized representative) to be eligible for award. The OEM letter must be valid for the life of the contract.

No pricing should be included in Volume I.

VOLUME II – PAST PERFORMANCE

The offeror shall complete Attachment G: Past Performance References in its entirety, listing a total of three (3) contracts/orders for work performed in the past three (3) years or currently being performed, for Enterprise-wide delivery of Electrosurgical Units, Argon-Enhanced Coagulation. 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. 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 quoted major subcontractor, in alphabetical order.

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

VOLUME III – PRICE

The Offeror shall complete Attachment A - Price Cost Schedule - NX EQ Electrosurgical Units, Argon-Enhanced Coagulation and submit it in Volume III of their quote.

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 quoted by the Offeror to any customers for the same or a substantially similar quantity and type of service.

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

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 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 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 Identity (UEI) Number / DUNS Number / Cage Code

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

g. Authorized Distributor Letter signed by OEM and dated within 12 months of the solicitation close date;

h. Complete FAR clause FAR 52.209-5, 52.209-7 and 52.225-2 provisions;

i. Period for acceptance of offers. The Offeror 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.

j. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offerors that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

k. 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 quote Unacceptable, and thus ineligible for award.

Any questions regarding this Request for Quote (RFQ) shall be addressed in writing to Contract Specialist (CS) Daleta Coles, Daleta.Coles@va.gov and Contracting Officer (CO) Hosea Berkley, Hosea.Berkley@va.gov. All questions shall be submitted no later than April 09, 2026, by 11:59PM EST. No calls will be accepted.

(End of Addendum to 52.212-1)

D.5 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

The Government will award a contract resulting from this solicitation 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 which are listed in descending order of importance: Technical, Past Performance, Veterans Preference and Price.

Technical Capability is significantly more important than Past Performance. The non-price factors when combined are significantly more important than price.

To receive consideration for award, all of the salient characteristics listed in the Combined Synopsis/Solicitation, must be met. Quotes failing to meet the salient characteristics will be eliminated and receive no further consideration. Offerors are cautioned that the award may not necessarily be made to the Offeror with the lowest price, or to the Offeror with the most highly rated technical proposal. An 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 Government intends to award one (1) contract. Offerors who fail to meet all the minimum salient characteristics listed in the Combined Synopsis/Solicitation and all the terms and conditions of the solicitation will be rated Unacceptable and thus, ineligible for award. To receive consideration for award, a rating of “Acceptable” or greater must be achieved for the Technical Factor.

B. FACTORS TO BE EVALUATED

1. Technical

C. TECHNICAL SUB-FACTORS

In addition, the evaluation process will consider the following technical sub-factors and assign an adjectival rating:

1. Design: Design features and function will be evaluated based on, but not limited to, the following:

· Centralized touchscreen user interface: Large, color touchscreen with logical application-oriented men for quick selection and confirmation of modes to include APC settings.

· Multi-instrument connectivity and APC integration to include argon probes and APC hand pieces.

· Procedure and instrument-based presents: Recognizes instrument and procedure-specific programs that automatically load parameters and standardizes set-up.

2. Performance: Performance capabilities, features and functions of the device offered will be evaluated for technical performance, reliability, and clinical effectiveness. These elements include, but are not limited to:

· High dynamic power delivery: Power supply is able to maintain stable output under variable loads and APC modes.

· Rapid response measurement rate: High measurement of frequency of target tissue effects across different tissue types and cutting speeds supporting argon-assisted coagulation lines.

· Multi-modality support: Concurrent support for monopolar, bipolar, and hybrid/argon-assisted applications across platforms without swapping generators during an on-going procedure.

3. Safety: All features and functions of the equipment shall be evaluated for the ability to be safely installed, secured, and protected against harm; physical or any form. These elements include, but are not limited to:

· Regulatory compliance and clearances: FDA 510(K) clearance status.

· Systems and operational features safety related to electrical and argon-gas.

· Warning and alarms capability

4. Quality/Construction/Training: Elements will include, but are not limited to:

· Robust construction and medical-grade standards.

· Power consumption, backup power, and energy efficiency.

· Terms and conditions of installation, training, and service agreement programs.

· Expected life cycle to include sanitation, infection control, and maintenance.

D. EVALUATION APPROACH

1. TECHNICAL EVALUATION APPROACH

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. Quotes which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, will not be sufficient. The Government reserves the right to award without discussions based upon the initial evaluation of quotes. The scope of this procurement includes being able to provide the products to all VHA facilities located in the Continental United States (CONUS) and Outside of the Continental United States (OCONUS).

This requirement will be brand name or equal which requires the offeror to indicate that each product being quoted as Erbe® VIO 3, Electrosurgical Units, Argon-Enhanced Coagulation or “equal” product. The offeror must include a description reflecting the SC and level of quality that will satisfy the salient physical, functional, or performance characteristics of the equal product(s) specified in the solicitation. The offeror must also clearly identify the item by brand name (if any) and make/model number. Finally, the offeror must include descriptive literature, such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the contracting officer and clearly describe any modifications it plans to make to a product to make it conform to the solicitation requirements. Descriptive literature will be evaluated to determine whether quoted items meet the SCs. Descriptive literature will also be evaluated to assess the strengths, weaknesses, deficiencies and risks for each technical sub-factor.

Technical quotes must demonstrate the offeror’s ability to meet all salient characteristics listed in the Combined Synopsis/Solicitation Notice Product Description Salient Characteristics chart. Only offerors that provide the necessary technical details to ensure that the Government has a complete understanding of the Offeror’s capabilities will be considered for award. Quotes that fail to meet all salient characteristics of the solicitation will be ineligible for award.

Offerors may quote an alternative contract line-item number (CLIN) structure IAW FAR 4.202-2 and 4.202-3. Offerors may also quote any product solution or configuration so long as they meet the salient characteristics. Products quoted in the technical volume must appear on and correspond with the Offeror’s pricing volume (Attachment A - Price Cost Schedule - NX EQ Electrosurgical Units, Argon-Enhanced Coagulation)

Offerors may quote any additional ancillary products which they deem to be essential to the functionality of the quoted solution; these ancillary items must be quantified in the Offeror’s pricing volume with an estimated quantity of zero (0).

Only new 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 Original Equipment Manufacturer (OEM) (i.e., OEM letter dated within 12 months of the solicitation close date and duly signed by OEM’s authorized representative) to be eligible for award. The OEM letter must be valid for the life of the contract.

2. PAST PERFORMANCE EVALUATION APPROACH

Past performance evaluations will be conducted to determine the extent to which the offeror’s past performance demonstrates the likelihood of successful performance in providing requirements similar in size (overall contract value), scope (range of work involved), and complexity (challenges presented) to this solicitation.

The Government will consider past performance for the quoted prime contractor to be significantly more important than past performance submitted for any other member of the contractor structure. For the purpose of evaluating prime contractor past performance, the prime contractor is defined as the primary contractor for the project. Projects performed by contractors other than the contractor, such as teaming partners or subcontractors, will not be evaluated as prime contractor experience or past performance, unless those other contractors are part of a joint venture contractor as demonstrated by a signed joint venture agreement. Areas of relevance include projects of similar size and scope. Areas to be evaluated may include, but are not limited to, quality of product or service, timeliness of performance or adherence to delivery schedules. It is incumbent upon the contractors to explain the relevance of the data provided.

3. PRICE EVALUATION APPROACH

Price will not be evaluated adjectively or assigned a score. The Government will conduct a price analysis to evaluate price reasonableness IAW FAR 15.404-1(b) based on Attachment A - Price Cost Schedule - NX EQ Electrosurgical Units, Argon-Enhanced Coagulation of the solicitation. All total quoted unit prices for each CLIN (inclusive of option periods) will be added for a total cost for evaluation purposes. Reasonableness may be determined based on pricing information submitted with the Offeror’s quote and by comparison of:

1) competitive offers received in response to the solicitation;

2) quoted prices against the IGCE; or

3) any other price analysis technique authorized in FAR 15.404-1(b).

For a price to be reasonable, it must represent a price to the Government that a prudent person would pay in the conduct of competitive business. Evaluation of options shall not obligate the Government to exercise the option(s).

Each CLIN will be evaluated using the estimated quantities provided in Attachment A - Price Cost Schedule - NX Electrosurgical Units, Argon-Enhanced Coagulation of the solicitation. The Total Quoted Cost will be the aggregate sum of all CLINs for the entire period of performance. The Service Level Agreement (SLA) fee of 3% shall be included in the total quoted unit price.

Specifically, the Government will use the “Total Quoted Price” for evaluation purposes. Total Evaluated Cost will be calculated as follows:

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

Quoted prices will be compared to the IGCE and other methods of comparing price in accordance with FAR 15.404-1(b) to determine price fair and reasonableness. The quoted 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 - NX EQ Electrosurgical Units, Argon-Enhanced Coagulation 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.

The Government will verify the Offeror’s calculation of the total quoted price. Further, the Government may make adjustments to the evaluated price if mathematical errors are identified. The Pricing Workbook and the price quote narrative will facilitate the price evaluation.

Quoted Alternative Line-Item Evaluations - The total quoted price of the sub-CLINs (SLINs) will be compared to the IGCE and other methods of comparing price in accordance with FAR 15.404-1(b) for the individual CLINs found in Attachment A - Price Cost Schedule - NX EQ Electrosurgical Units, Argon-Enhanced Coagulation. (See example below).

CLIN 0001

SLIN 0001a

(See CLIN 0001 – Product X) $5.00

SLIN 0001b

(See CLIN 0002 – Product Y) $10.00

SLIN 0001c

(See CLIN 0003 – Product Z) $15.00

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 CO determines that the risk is unacceptable, then the bid or offer can be rejected.

(End of Addendum to 52.212-2)

D.6 52.216-1 TYPE OF CONTRACT (DEVIATION NOV 2025)

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

(End of Provision)

D.7 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.

(1) 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”.

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

(3) 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:

(b)[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.8 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.9 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (DEVIATION NOV 2025)

(a) Definitions. As used in this provision-— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

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 under 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)).

(b) Procedures.

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

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” 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 (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

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

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It 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, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA 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 (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreement notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of Provision)

D.10 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)