ATTACHMENT D - SOLICITATION PROVISIONS - NX EQ Endoscope Cabinets-Vertical .docx

36C10G25R0044 | NX EQ Endoscope Drying and Storage Cabinets-Vertical | Request For Proposal (RFP)

SECTION D - SOLICITATION PROVISIONS

D.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

(b) Prohibition.

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

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

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

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

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

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

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

(d) Representation. The Offeror represents that—

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of Provision)

D.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

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

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

(c) Procedures.

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

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

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

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

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

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

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

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

(4)Brand;

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

(6)Item description;

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

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

(End of provision)

D.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of Provision)

D.8 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS — COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES ITEMS

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 quote shall be submitted via email to Contract Specialist at Daleta Coles at Daleta.Coles@va.gov and Contracting Officer (CO) Jessica Edwards, Jessica.Edwards6@va.gov. All quotes shall be submitted no later than September 16, 2025, by 11:59 PM EST.

The quote shall consist of the five (5) 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: Veterans Preference

d. Volume IV: Price

e. Volume V: Offer, Amendments, and Certifications & Representations

The use of hyperlinks and embedded links in quotes documents is prohibited.

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

WARNING: Please do not wait until the last minute to submit your quotes. Late quotes will not be accepted for evaluation. To avoid submission of late quotes, we recommend the transmission of your quotation 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. QUOTATION FILES

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 shall 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 shall be submitted as either a Microsoft Excel File (.xls) or an Acrobat Portable Document Format (.pdf) or as compatible as indicated in the table. Page size shall be no greater than 8 1/2" x 11" with printing on one side only. The top, bottom, left, and right margins shall be a minimum of one (1”) inch each. Font size shall be no smaller than 12-point. Arial or Times New Roman fonts are required. Characters shall be set at no less than normal spacing and 100% scale. Tables and illustrations may use a reduced font size no smaller than eight (8)-point and may be landscape. Line spacing shall be set at no less than single space. Each paragraph shall be separated by at least one blank line. Page numbers, company logos, and headers and footers are not bound by the 12-point font requirement. Footnotes to text shall not be added. 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, Quoters are encouraged to logically separate their quote into separate emails. If this is necessary, Quoters should attempt to contain complete volume within single email transmissions (and not split volumes). Quoters are encouraged to review and ensure that sufficient bandwidth is available on their end of the transmission.

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. Quoters are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote. The title requirements for each file are shown in the table below.

d. Quotes submitted in response to this solicitation shall contain the following in separate volumes listed in the Table below with the titles as shown.

VOLUME I – TECHNICAL

This requirement will be in accordance with FAR 52.211-6, Brand Name or Equal, which requires the Offeror to indicate that each product being offered as an “equal” product to Steris Endodry Endoscope Drying and Storage Cabinets-Vertical. For each equal product, the offeror must include a description reflecting the salient characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of the equal product(s) specified in the solicitation. The Offeror must also clearly identify the item by brand name (if any) and make/model number. In addition, 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 salient characteristics. Descriptive literature will be evaluated to determine whether proposed items meet the salient characteristics. Descriptive literature will also be evaluated to assess the strengths, weaknesses, deficiencies and risks for each technical sub-factor.

Technical proposals must demonstrate the offeror’s ability to meet all salient characteristics listed in the Combined Synopsis/Solicitation Notice Product Description Salient Characteristics chart. Proposals that fail to meet all salient characteristics of the solicitation will be ineligible for the award.

Offerors must complete the Salient Characteristic table located on page 8 of the Combined Synopsis listing the location where compliance to the salient characteristics can be found in the technical literature. The chart must be included with the Offeror’s proposal. Offers which do not include this completed chart will not be considered for award.

Offerors may propose an alternative contract line-item number (CLIN) structure IAW FAR 4.1003 and 4.1004. Offerors may also propose any product solution or configuration so long as they meet the salient characteristics. Products proposed in the technical volume must appear on and correspond with the Offeror’s pricing volume (Attachment A - Price Cost Schedule – NX EQ Endoscope Cabinets-Vertical).

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 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 6 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. Failure to include the OEM letter with the Offer will render the Offer non-compliant and will not be considered for award.

No pricing should be included in Volume I.

VOLUME II – PAST PERFORMANCE

The offeror shall complete Attachment F: Past Performance References in its entirety, listing a total of three (3) contracts/orders for similar relevant work performed in the past three (3) years or currently being performed. The Government will make the determination of relevance (based on size, scope, and complexity of requirement).

Contracts/orders listed may include those entered into with the Federal Government, agencies of state and local governments and commercial concerns. Quoters may also submit past performance information regarding predecessor companies, 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) / report(s) available for each reference. In the event an assessment was not completed in CPARS for the contract/order, Quoters may request the reference point of contact (POC) to complete and submit a Past Performance Questionnaire (PPQ) (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 Contracting Officer and the Contract Specialist at Jessica.Edwards6@va.gov and 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 CPARS report available. 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.

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

VOLUME III – VETERANS PREFERENCE

a. For Service-Disabled Veteran-Owned Small Businesses (SDVOSB) and Veteran- Owned Small Businesses (VOSB): A Contractor shall submit a statement of compliance that it qualifies as a SDVOSB or VOSB in accordance with VAAR 852.215-70, Service- Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors. Eligible and certified service-disabled Veteran-owned small businesses offerors will receive full credit, and offerors qualifying as Veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran- Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128).

b.

c. Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor, The prime contractor must state in this volume the name(s) of SDVOSB(s) and/or VOSB(s) with whom it intends to subcontract. The offeror shall provide a brief description and the approximate dollar values of the proposed subcontracts. Additionally, proposed SDVOSB/VOSB subcontractors must be certified by the Small Business Administration (SBA) database (https://veterans.certify.sba.gov) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both proposal submission and time of award in order to receive some consideration under this Factor.

d.

e. Note that the Government requires the offeror to honor the evaluation factor commitment to the SDVOSB/VOSB concern throughout the life of the contract. The offeror shall agree, if awarded a contract, to use the SDVOSB or VOSBs proposed as subcontractors or to substitute one (1) or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

f. .

VOLUME IV – PRICE

The Offeror shall complete ATTACHMENT A - PRICE COST SCHEDULE – NX EQ Endoscope Cabinets-Vertical and submit it in Volume IV 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 passed-on and reflected in lower unit pricing.

Price Rounding Issue - The Government requires Quoters to propose unit prices and total prices that are two (2) decimal places and requires the unit prices and total prices to be displayed as two (2) decimal places. Ensure that the two (2) digit unit price multiplied by the item quantity equals the two (2) digit total item price (there should be no rounding). {If an Excel spreadsheet is submitted by the Offeror, the Offeror shall ensure that the actual values in the 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 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 product or 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 V – OFFER, AMENDMENTS, & CERTIFICATIONS/REPRESENTATIONS

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

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 Certified by OEM with a current date

h. Offeror Shall Submit Representations and Certifications IAW FAR 52.212-3 if not Completed in SAM.gov

i. Complete FAR 52.209-7 and FAR 52.225-6 Provisions

j. 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.

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

l. 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 at Daleta.Coles@va.gov and Contracting Officer at Jessica.Edwards6@va.gov no later than September 9th 2025, by 11:59 PM EST. No calls will be accepted.

(End of Addendum to 52.212-1)

D.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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 quote 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. Past Performance is slightly more important than Veterans preference. The non-price factors when combined are significantly more important than the Price factor.

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. Quoters 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 quote. Award may be made to other than the lowest priced quote, if the Government determines that a price premium is warranted due to the merits of one or more of the non-price factors. The Government intends to award one contract. Vendors 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 Capability

2. Past Performance

3. Veterans Preference

4. Price

C. 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. The written content of quotes will be evaluated in accordance with the evaluation approach defined in the solicitation. Quotes which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, will not be sufficient. Quoters who fail to meet the salient characteristics of the solicitation will be rated Unacceptable and thus, ineligible for award. The Government reserves the right to award without 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) or Outside of the Continental United states (OCONUS).

1. Technical Capabilities:

Descriptive literature will be used to thoroughly evaluate each quote to determine the extent to which it meets the salient characteristics. The quote must demonstrate the Offeror’s ability to meet or exceed all of the salient characteristics listed in the Combined Synopsis/Solicitation Notice chart.

Quoters may propose any product solution or configuration so long as they meet the salient characteristics. Products proposed in the technical volume must be captured on the Offeror’s pricing volume (Attachment A, Cost/Price Schedule) of the solicitation.

Quoters may propose any additional ancillary products which they deem to be essential to the functionality of the proposed solution; these items must be captured in the Offeror’s pricing volume with a quantity of zero. Only new original equipment is acceptable; no remanufactured or "gray market" items. Distributors must be authorized distributors as certified by the OEM to be eligible for award. Those quotes which fail to meet the requirements of the solicitation, and all of the salient characteristics will be rated “Unacceptable” and will be ineligible for award.

a. In addition to meeting or exceeding the salient characteristics listed in the Combined Synopsis/Solicitation Notice, the evaluation process will consider the following technical subfactors and assign an adjectival rating:

Evaluation Sub-factors:

· Safety – Elements may include but are not limited to the following:

· Types of Security/safety features

· User Alerts/Indicators

· Infection Control features to reduce cross contamination

· Design – Elements may include but are not limited to the following:

· Endoscope and hang time tracking system/control software

· Cabinet capacity/ability to expand storage

· Control Panel functions and ease of use

· Variety of accessories/scope hook-ups

· Drip pan accessibility

· Ease of access to scopes

· Performance – Elements may include but are not limited to:

· Ability to record and store data

· Availability of Internal Lighting

· Barcode scanner versatility

· Air Source and Flow

· Noise level of air compressor

· Quality/Construction – Elements may include but are not limited to the following:

· Quality and durability of cabinet material

· Terms and conditions of warranty

Products proposed in the technical volume must be captured in the vendor’s pricing volume. Offers that merely restate the requirement or state that the requirement shall be met, without providing supporting rationale, will not be sufficient. To be considered for award products need to meet the SCs. Those meeting the SCs will be further evaluated using the technical subfactors and given an adjectival rating. Distributors must be authorized distributors as certified by the OEM. 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.

2. Past Performance:

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.

First, the Government will evaluate the offeror’s past performance references to determine how relevant (based on size, scope, and complexity to this requirement) a recent (within the past three years) effort accomplished by the offeror is to this solicitation. Relevant past performance will be given greater weight than Somewhat Relevant past performance and reflected in the overall past performance rating.

Next, the Government will evaluate the offeror’s past performance to determine how well the offeror performed on the contracts and assign a performance confidence rating. Past performance information may be obtained from any other sources available to the Government, to include, but not limited to, Past Performance Questionnaires (PPQs) received, the written narrative provided by 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. No relevant or recent past performance, as indicated on Attachment F or based on the determination of relevance by the Government, the Offeror may not be evaluated favorably or unfavorably and will be given a neutral rating.

The Government will consider past performance for the proposed prime contractor to be significantly more important than past performance submitted for any other member of the contractor structure. For the purposes 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 Offeror, 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. Veterans Preference:

The Veterans Preference factor shall be evaluated utilizing the priorities for Veteran-owned small businesses as implemented within the VA hierarchy of small business program preferences, the Veterans First Contracting Program. Specifically giving preference for verified prime SDVOSB Contractors first, then preferences for verified prime VOSB Contractors. Non-SDVOSBs/VOSBs intending to subcontract with a SDVOSB/VOSB Contractor will also receive credit under this factor.

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate Quoters based on their SDVOSB or VOSB certification status and their proposed use of eligible certified SDVOSBs and certified VOSBs as subcontractors.

(b) Eligible and certified SDVOSBs Quoters will receive full credit, and Quoters qualifying as VOSB will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128).

(c) Non-Veteran owned business Quoters proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

4. Price:

The total price will be evaluated IAW FAR 15.404-1(b). The Government will evaluate price to determine whether or not it is considered fair and reasonable. Attachment A, Price Cost Schedule will be reviewed and all total proposed unit prices for each CLIN (inclusive of option periods) will be added for a total cost for evaluation purposes. Each CLIN will be evaluated using the estimated quantities provided for in Attachment A Price Cost Schedule. The Total Proposed Cost will be the aggregate sum of all CLINs for the entire period of performance. The SLA fee of 3% shall be included in the total proposed unit price.

Example:

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

The proposed firm fixed unit prices will be binding and incorporated in the resultant contract and utilized for all future orders placed during the term of the contract. The estimated quantities listed in Attachment A, Price Cost Schedule 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. Vendors are encouraged to offer discounts.

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 quote may be rejected.

In addition, if an offer is received from a Small Business Administration (SBA) certified HUBZone small business concern, offers will be evaluated IAW FAR 52.219-4 by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise, successful offers from small business concerns.

SUBCONTRACTING PLAN REQUIREMENTS

The Contracting Officer may require the submission of a subcontracting plan at any time prior to award from only the apparently successful Offeror. If the apparently successful Offeror fails to negotiate a subcontracting plan acceptable to the Contracting Officer within the time limit prescribed by the Contracting Officer, the Offeror will be ineligible for award.

Only the apparently successful Quoters subcontracting plan will be evaluated. The subcontracting plan will be evaluated as follows:

(End of Addendum to 52.212-2)

D.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS — COMMERCIAL PRODUCTS AND COMMERICAL SERVICES (MAY 2024) (DEVIATION FEB 2025) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR 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 eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business (SDVOSB)…