ATTACHMENT D - SOLICITATION PROVISIONS_NX EQ Image-Guided Surgical Navigation System.pdf

ATTACHMENT D – SOLICITATION PROVISIONS

36C10X27R0004 | NX EQ Image-Guided Surgical Navigation System

SECTION D – SOLICITATION PROVISIONS

D.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS —

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES ITEMS

(DEVIATION) (OCT 2025)

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

A. PROPOSAL SUBMISSION INSTRUCTIONS

(a) All questions, proposal submissions and Past Performance Questionnaires shall be submitted via email to the Contract Specialist (CS) at Alanna.Wilson@va.gov and the Contracting Officer (CO) at Sara.Vickroy@va.gov. Submissions shall include “36C10X27R0004” in the email subject line.

(b) All questions shall be submitted as soon as practicable via email, but no later than the date specified on the SF1449, Block 20. Only written questions submitted using Attachment I – Template for Industry Questions will be accepted. Any questions received after the due date may not be answered.

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

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

(e) Format:

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

2. All proprietary information shall be clearly and properly marked. Footnotes to text shall not be used. Additionally, Offerors shall not use hyperlinks or embedded files of any kind in any Proposal volume. If included, these will not be reviewed or evaluated.

Pages in violation of these instructions, either by exceeding the margin, font or spacing restrictions, may not be evaluated.

3. File Packaging: Do not compress (zip) Proposal files. VA Network Security Operations Center (NSOC) has blocked email attachments with the “.zip” extension as a mitigation measure against the ongoing world-wide ransomware event impacting many mailto:Alanna.Wilson@va.gov mailto:Sara.Vickroy@va.gov 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 Proposals 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.

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

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

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

VOLUME

NUMBER FACTOR FILE NAME

Volume I Technical Your Company Name - Technical.pdf

Volume II Past Performance Your Company Name - PastPerformance.pdf

Volume III Price Your Company Name - Price.xlsx

Volume IV Offer, Amendments, and Certifications & Representations

Your Company Name - OfrRep.pdf

VOLUME I – TECHNICAL FACTOR:

Offerors shall provide descriptive literature which will be used to thoroughly evaluate each proposal to determine the extent to which it meets the salient characteristics listed in Attachment B – Product Description. All the minimum salient characteristics listed in the solicitation must be met to be considered eligible for award. Those proposals which fail to meet all of the salient characteristics will be rated “Unacceptable” and thus ineligible for award.

Offerors are required to list on the Salient Characteristics Table located in Attachment B the location in Offeror’s proposal where compliance to the salient characteristics can be found. The table must be completed and included with the Offeror’s proposal. Proposals that do not include the completed table will be excluded from consideration for award.

Offerors may propose any product solution or configuration so long as the solution proposed meets the salient characteristics. Equivalent products being proposed in the

Technical Volume must also be clearly identified in the Pricing Volume. Products proposed in the Technical Volume must be captured on – appear and correspond with --the Offeror’s Pricing Volume (Attachment A - Price Cost Schedule of the solicitation).

Further, Offeror’s proposal shall include sufficient product details, specifications, and supporting information to allow for a meaningful evaluation of the technical subfactors listed in Attachment B Product Description.

Only new original equipment manufacturer (OEM) parts are acceptable; no remanufactured or "gray market" items. No product in development shall be considered.

All items must be covered by the manufacturer's warranty.

Distributors must be authorized distributors/resellers as certified by the OEM. OEM letter must be submitted with proposal. Any proposal received without an OEM letter meeting the requirements will be ineligible for award. The OEM letter must be current and 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 Reference in its entirety, listing a total of three relevant contracts/orders for work performed in the past three years or currently being performed, for Enterprise-wide delivery of equipment. The Government will make the determination of relevance (based on size, scope, and complexity of requirement).

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

Offerors shall indicate on Attachment G if there are Contractor Performance Assessment Reporting System (CPARS) records available for each reference. In the event an assessment was not completed in CPARS 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 Contracting Officer and the Contract Specialist at Sara.Vickroy@va.gov and Alanna.Wilson@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.

mailto:Trevor.Mason@va.gov

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 FACTOR:

The Vendor shall complete Attachment A - Price Cost Schedule for the base year and all option years and submit it in Volume III of their proposal.

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

Price Rounding Issue - The Government requires Vendors 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 Vendor, the Vendor 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 Vendor provide prices, warranties, conditions, benefits, and terms that are at least equal to or more favorable than the prices, warranties, conditions, benefits, and terms offered by the Vendor 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, & 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.

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 / Cage Code

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

g. Authorized Distributor Letter certified by OEM dated within the past 30 days and valid for the entire period of performance of the resulting contract.

h. Offeror shall submit representations and certifications IAW FAR 52.212-1, if not completed in SAM.

i. Offerors shall complete, sign and return VAAR clause 852.219-76 (located in Section C –Contract Clauses) in its entirety with its Proposal. Offerors are cautioned that the Government will not consider Proposals for award from offerors that do not provide the entire completed certification, and all such responses will be deemed ineligible for evaluation and award.

j. Complete and return provisions at FAR 52.209-2, FAR 52.209-5, FAR 52.209-7, FAR 52.209-11, FAR 52.229-11, and FAR 52.225-6.

k. Complete FAR clause 52.219-28.

l. Period for acceptance of offers. The Offeror agrees to hold the prices in its proposal firm for 90 calendar days from the date specified for receipt of proposals unless another time period is specified in an addendum to the solicitation.

m. 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.

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

Any questions regarding this Request for Proposal (RFP) shall be addressed in writing to Contract Specialist at Alanna.Wilson@va.gov and Contracting Officer Sara.Vickroy@va.gov no later than the question due date found in block 20. No calls will be accepted.

(End of Addendum to 52.212-1)

D.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (DEVIATION) (OCT 2025)

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

A. BASIS FOR AWARD

The award resulting from this solicitation will be made based on the best overall mailto:Trevor.Mason@va.gov

Proposal that is determined to be the most beneficial to the government.

This acquisition is being conducted in accordance with FAR Part 12 and FAR Part 15.

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:

Technical, Past Performance, and Price.

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

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

All proposals shall be subject to evaluation by a team of Government personnel.

Contents of the written proposals will be evaluated to determine the degree and extent to which the proposals meet the requirements identified in the solicitation. The written content of proposals will be evaluated in accordance with the evaluation approach defined in the solicitation. Offerors who fail to meet the salient characteristics of the solicitation or fail to submit the completed Salient Characteristics chart will be rated Unacceptable and thus ineligible for award. The Government reserves the right to award without exchanges based upon the initial evaluation of proposals.

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

B. FACTORS TO BE EVALUATED

1. Technical

2. Past Performance

3. Price

C. EVALUATION APPROACH

1. Technical Evaluation

The Technical Evaluation Team (TET) will review the technical proposal (Volume I) to determine whether the items proposed meet or exceed the requirements identified in this solicitation. Descriptive literature (and supplemental technical documentation, if submitted) will be reviewed to verify compliance with all Salient Characteristics listed in Attachment B – Product Description. Any product that fails to meet all Salient

Characteristics or fails to submit the required Salient Characteristics chart will be deemed unacceptable and ineligible for award and excluded from further evaluation.

For proposals meeting the salient characteristics, the Government will conduct an evaluation using the technical sub factors listed in Attachment B – Product Description and assign an overall adjectival rating. This evaluation will consider the degree to which each product offers enhanced functionality, usability, and support across all subfactors.

2. Past Performance Evaluation

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

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

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

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

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

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

3. Price Evaluation Total price will be evaluated IAW FAR 15.404-1. 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 CLIN 0002

UOM = EA UOM = EA

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

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

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

(End of Addendum to 52.212-2)

D.3 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS—REPRESENTATION (DEVIATION) (OCT 2025)

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

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

(c) Representation. The Offeror represents that—

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

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

(End-of-Provision)

D.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT

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 nonresponsible.

(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.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(DEVIATION) (OCT 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 the 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).

https://www.sam.gov/ https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838

(End of provision)

D.6 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, 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) 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.7 52.216-1 TYPE OF CONTRACT (DEVIATION) (NOV 2025)

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

(End of Provision)

D.8 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products

Line item No. Country of origin

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

(End of Provision)

D.9 52.233-2 SERVICE OF PROTEST (OCT 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.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 http://www.va.gov/oal/library/vaar/index.asp (VAAR) https://www.acquisition.gov/far-overhaul https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

SEP 2024

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES

THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR

STATEMENTS-REPRESENTATION

JAN 2017

52.204-7 SYSTEM FOR AWARD MANAGEMENT-

REGISTRATION (DEVIATION)

OCT 2025

52.212-1

INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

SEP 2023

52.217-5 52.219-1

EVALUATION OF OPTIONS (DEVIATION)

SMALL BUSINESS PROGRAM REPRESENTATIONS

(DEVIATION)

NOV 2025

NOV 2025

52.225-18 52.229-11

PLACE OF MANUFACTURE

TAX ON CERTAIN FOREIGN PROCUREMENTS –

NOTICE AND REPRESENTATION (DEVIATION)

AUG 2018

SEP 2025

52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS

REPRESENTATIONS AND CERTIFICATIONS

(DEVIATION)

NOV 2025

VAAR

Number

Title Date

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION

SEP 2018

852.233-71 ALTERNATE PROTEST PROCEDURE SEP 2018

852.273-70 LATE OFFERS NOV 2021

852.273-74 AWARD WITHOUT EXCHANGES NOV 2021

(End of Provision)