ATTACHMENT D - SOLICITATION PROVISIONS - NX EQ PHYSIOLOGIC MOTILITY ANALYZERS.docx

36C10X26R0054 NX EQ PHYSIOLOGIC MOTILITY ANALYZERS

SECTION D – SOLICITATION PROVISIONS

D.1 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS—REPRESENTATION (DEVIATION NOV 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 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.

(c) Representation. The Offeror represents that—

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

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

(End-of-Provision)

D.2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (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 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.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (DECIATION 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 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).

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

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

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

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

(b) The Offeror represents that–

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

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

(End-of-Provision) D.5 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

A. PROPOSAL SUBMISSION

1. INTRODUCTION: The Vendor’s proposal shall be submitted via email to Contract Specialist at Jalima.Jones@va.gov and Contracting Officer at Anthony.zibolski@va.gov All proposals shall be submitted no later than October 06, 2026, by 10:00 AM EST.

The Vendor’s proposal 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 proposals is prohibited.

Proposals will be evaluated solely on the information contained in proposals without reference to extraneous information.

WARNING: Please do not wait until the last minute to submit your proposals. Late proposals may not be accepted for evaluation. To avoid the 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. PROPOSALS 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. The 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, 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, vendors are encouraged to logically separate their proposal into separate emails. If this is necessary, offerors should attempt to contain complete volume within single email transmissions (and not split volumes). Vendors are encouraged to review and ensure that sufficient bandwidth is available on the end of the transmission.

c. Content Requirements: All information shall be confined to the appropriate file. The Vendor shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Vendors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal. The title requirements for each file are shown in the Table below.

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

VOLUME 1 – TECHNICAL FACTOR

The offeror shall provide descriptive technical literature which will be used to thoroughly evaluate each Proposal to determine the extent to which the offeror can provide the products listed in the Combined Synopsis/Solicitation. All the minimum SCs listed in the solicitation must be met to be considered eligible for award. Those quotes which fail to meet all of the salient characteristics will be rated “Unacceptable” and will be ineligible for award.

Vendors are required to complete the highlighted area on the SCs Chart located on the Combined Synopsis/Solicitation document listing the location where compliance to the SCs can be found. The chart must be included with the vendor’s submission. Offers which do not include this complete chart will not be considered for award.

Vendor may propose any product solution or configuration so long as the solution proposed meets the SCs. 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).

Vendors 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 vendor’s pricing volume with an estimated quantity of zero (0).

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

Distributors must be authorized as distributors/resellers as certified by the OEM (i.e., in OEM letter with a current date (within 30 days of quote submission) and duly signed by OEM’s authorized representative) to be eligible for award. OEM letter must be submitted with quote. Any quote received without an OEM letter meeting the requirements will be ineligible for award. The OEM letter must be valid for the life of the contract.

Further, for each equal product, the offeror must include a description reflecting the SCs 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.

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 contracts/orders for work performed in the past three years or currently being performed, for nationwide delivery of PHYSIOLOGIC MOTILITY ANALYZERS. The Government will make the determination of relevance (based on size, scope, and/or 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 proposed major subcontractor, in alphabetical order.

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

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

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

VOLUME III – VETERANS PREFERENCE

For Service-Disabled Veteran-Owned Small Businesses (SDVOSB) and Veteran-Owned Small Businesses (VOSB): To receive credit as an SDVOSB or VOSB under this Factor, an offeror shall submit a statement of compliance that it qualifies as an SDVOSB or VOSB in accordance with VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors. SDVOSB and VOSB offerors are cautioned that they must be certified by the Small Business Administration (SBA) database (https://search.certifications.sba.gov/) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both quote submission and time of award.

For Non-SDVOSB/VOSB: To receive some consideration under this factor, an Offeror (prime Contractor) must state in this volume, the names of SDVOSB(s) and/or VOSB(s) with whom it intends to subcontract and provide a brief description and the approximate dollar values of the proposed subcontracts. Additionally, to receive some consideration under this factor, the proposed SDVOSB/VOSB subcontractors must be registered, and certified by the Small Business Administration (SBA) database (https://search.certifications.sba.gov/) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both quote submission and time of award.

VOLUME IV – PRICE

The Vendor shall complete Attachment A - Price Cost Schedule for the base year and all option years and submit it in Volume IV 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 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 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. (i.e., =ROUND(T2*1.05),2) for all option periods to calculate for escalation}

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 proposed 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.

The Contractor will provide literature for each CLIN listed with Technical Specifications, Product Brochure, and Color Swatch (if applicable) at no additional cost prior to the contract effective date.

VOLUME V – 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 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 with current date (within 30 days of the quote submission).

h. IAW FAR 4.203(b) Offerors or quoters are required to have an active Federal Government contracts registration in SAM when they submit an offer or quotation, and at the time of award, except for(1) Purchases under the micro-purchase threshold that use a Governmentwide commercial purchase card as the method of purchase and payment.

i. Offeror shall submit representations and certifications IAW FAR 52.209-2, 52.209-5, 52.209-7 and 52.209-11 and 52.219-1 if not completed in SAM.

j. Offeror shall complete FAR 52.225-6 provision Trade Agreements Certificate.

k. 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.

l. 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.

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

Any questions regarding this Request for Proposal (RFP) shall be addressed in writing to Contract Specialist at Jalima.Jones@va.gov and Contracting Officer at Anthony.Zibolski@va.gov no later than September 29, 2026, 10:00 AM EST. No calls will be accepted.

(End of Addendum to 52.212-1) D.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION OCT 2025)

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

A. BASIS FOR REQUIREMENTS CONTRACT ESTABLISHMENT

The Government intends to award a single Requirements contract resulting from this solicitation to the offeror responsible whose quote conforms to the solicitation, and which represents the best value to the Government, with consideration given to the following evaluation Factors: Technical, Past Performance, Veterans Preference and Price.

Technical is more important than Past Performance. Past Performance is more important than Veterans Preference. When combined, non-price factors are significantly more important than price. Offerors are cautioned that the award may not necessarily be made to the Offeror proposing the lowest price, or to the Offeror with the most highly rated technical quote. The 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.

B. FACTORS TO BE EVALUATED

1. Technical

2. Past Performance

3. Veterans Preference

4. Price

C. EVALUATION APPROACH

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. Proposals which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, will not be sufficient. 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).

I. Technical Evaluation:

The Technical Evaluation Team (TET) will review the technical submission (Volume I) to determine the extent to which the Offeror demonstrates the capability to provide the supplies and services listed in the Combined Synopsis/Solicitation.

II. Past Performance Evaluation:

The Government will conduct a performance risk assessment based on the quality of the 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 responsibility determination and best value decision.

The Past Performance Factor rating will be expressed as an adjectival assessment of High Risk, Moderate Risk, Low Risk or Neutral.

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

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

III. Veterans Preference Evaluation:

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. Credit shall be assigned as follows:

(1) For SDVOSBS/VOSBs: 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 under this 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).

Non-SDVOSB/VOSB offerors proposing to subcontract 7% or more of the value to a VIP verified SDVOSB concern or 10% or more of the value to a VIP verified VOSB concern, will receive some consideration (credit) under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. 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 IV. Price Evaluation:

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. 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.

Attachment A, Price Cost Schedule will be reviewed and all proposed total 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. Based on the anticipated volume of orders to be issued under this contract, Offerors are strongly encouraged to provide additional discounts and price reductions from their list prices.

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

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

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

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

D. 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 Offerors subcontracting plan will be evaluated. The subcontracting plan will be evaluated as follows:

Acceptable Subcontracting Plan is submitted and is in accordance with FAR 52.219-9 that addresses all elements of FAR Part 19.206.

Unacceptable Subcontracting Plan is not submitted and/or is not in accordance with FAR 52.219-9 and does not address all elements of FAR Part 19.206.

(End of Addendum to 52.212-2)

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

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

(End of Provision)

D.8 52.225-6 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

[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 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS – NOTICE AND REPRESENTATION (JUN 2020)

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

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

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

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

(2) A domestic partnership;

(3) A domestic corporation;

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

(5) Any trust if–

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

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

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

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

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

(1) It □ is □ is not a foreign person; and

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

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

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

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

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

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

(End of Provision)

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

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

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

(End of Provision)

D.11 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):

http://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR 52 252 1 http://www.va.gov/oal/library/vaar/

52.203-18

52.204-7

52.212-1

52.217-5 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION

SYSTEM FOR AWARD MANAGEMENT-REGISTRATION (DEVIATION OCT 2025)

INSTRUCTIONS TO OFFERORS-COMMERICIAL

PRODUCTS AND COMMERCIAL SERVICES

(DEVIATION OCT 2025)

EVALUATION OF OPTIONS (DEVIATION NOV 2025)

JAN 2017

OCT2025

OCT 2025

NOV 2025

52.225-18 52.240-90

PLACE OF MANUFACTURE

SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (DEVIATION NOV 2025)

AUG 2018

NOV 2025

852.233-71 852.273-70 852.273-74

ALTERNATE PROTEST PROCEDURE

LATE OFFERS

AWARD WITHOUT EXCHANGES

SEP 2018

NOV 2021

NOV 2021