ATTACHMENT D - SOLICITATION PROVISIONS - NX EQ STERILIZATION UNITS STEAM.docx

36C10G25R0030 NX EQ Sterilization Units Steam Request for Proposal

SECTION D – SOLICITATION PROVISIONS

D.1 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (OCT 2025)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision) Comment by Larson, Shawn R. (OGC): Please include ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES ITEMS (OCT 2025)

This will include the specific instructions regarding format and content requirements. This language is included in all solicitations but is missing here. Comment by Thompson, Lisa E. (OALC SAC-F AS3): Included

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

(MAR 2026)

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 Lisa.thompson10@va.gov and Contracting Officer at Jessica.smith32@va.gov. All proposals shall be submitted no later than May 1, 2026, by 11:59 PM 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. Comment by Larson, Shawn R. (OGC): There should be 5 volumes. Past Performance and Veterans Preference is missing here. Please insert and provide appropriate instructions for these factors. Comment by Thompson, Lisa E. (OALC SAC-F AS3): Updated

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 (*Remember to include VAAR clause 852.219-76 certification)

The use of hyperlinks 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 submission of late proposals, the Government recommends the transmission of your proposal file 24 hours prior to the required proposal due date and time. Please be advised that timeliness is determined by the date and time an Offeror’s proposal is received by the Government not when an Offeror attempted transmission.

2. PROPOSAL FILES

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. Proposal 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) proposal files. VA Network Security Operations Center (NSOC) has temporarily blocked email attachments with the “.zip” extension as a mitigation measure against the ongoing world-wide ransomware event impacting many organizations. During this time, .zip file extensions will be permanently stripped from email traffic and will not be recoverable. Due to VA email file size restrictions, 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 their 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 proposal 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.

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

Volume V Offer, Amendments, and Certifications & Representations

Your Company Name - OfrRep.pdf

a. VOLUME I – TECHNICAL FACTOR:

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

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 Manufacturers (OEM) or equal 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 proposal submission) and duly signed by OEM’s authorized representative) to be eligible for award. OEM letter must be submitted with proposal. Any proposal received without an OEM letter meeting the requirements will be ineligible for award. The OEM letter must be valid for the life of the contract.

Further, 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. Comment by Larson, Shawn R. (OGC): Instructions for Past Performance and Veterans Preference are missing. Comment by Thompson, Lisa E. (OALC SAC-F AS3): Updated

b. 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 Sterilizing Units: Steam. The Government will make the determination of relevance (based on size, scope, and complexity of requirement).

Contracts/orders listed may include those entered into with the Federal Government, agencies of state and local governments and commercial concerns. Offerors may also submit past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the acquisition. For the purposes of this solicitation, a major subcontract is defined as 20% of the total contract effort. Data concerning the prime contractor shall be provided first, followed by each 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, 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 Lisa.thompson10@va.gov and Jessica.Smith32@va.gov NO LATER THAN THE CLOSING DATE OF THE SOLICITATION (inclusive of any closing date extensions granted via amendment). PPQs will only be evaluated for those contracts/orders that do not have a 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.

c. 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://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.

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 CVE verified in Small Business Administration (SBA) Certification (VetCert) database https://veterans.certify.sba.gov/.

d. VOLUME IV – PRICE FACTOR:

The Vendor shall complete Attachment A - Price Cost Schedule.

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

e. 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:

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 Lisa.thompson10@va.gov and Contracting Officer at Jessica.smith32@va.gov no later than April 10, 2026, by 11:59 PM EST. No calls will be accepted.

(End of Addendum to 52.212-1)

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

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

The Technical Factor is significantly more important than Past Performance. The Past Performance Factor is slightly more important than the Veterans Preference Factor. When combined, the non-price factors are significantly more important than price. [Insert evaluation factors in the relative order of importance. For requests for proposals, state: Evaluation factors other than price when combined are [significantly more important than price/approximately equal to price/significantly less important] than price. For invitations for bids, list only price and price-related factors.] Comment by Larson, Shawn R. (OGC): Please fill out Comment by Thompson, Lisa E. (OALC SAC-F AS3): This was already inserted below basis for award

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

1. BASIS FOR AWARD

Award will be made to the responsible Offeror whose proposal conforms to the solicitation, and which represents the best value to the Government, with consideration given to the following evaluation factors: Technical, Past Performance, Veterans Preference and Price. The Technical factor is significantly more important than the Past Performance factor, which is slightly more important than the Veterans Preference factor. The non-price factors when combined are significantly more important than the Price.

To receive consideration for award, a rating of no less than Acceptable must be achieved for the Technical Factor. To be considered eligible for award, all of the salient characteristics (SCs) listed in the Combined Synopsis/Solicitation Notice must be met. Offerors failing to demonstrate compliance with the salient characteristics in the technical volume will not receive further evaluation. Offerors are cautioned that the award may not necessarily be made to the lowest priced proposal or the most highly rated technical proposal. The Government intends to award one (1) contract. Those proposals which fail to meet the requirements of the solicitation and all salient characteristics will be ineligible for award.

This acquisition is small business set-aside and is being conducted in accordance with 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 which are listed in descending order of importance: Technical, Past Performance, Veterans Preference and Price. Comment by Larson, Shawn R. (OGC): Solicitation states, “This procurement action is issued with Full and Open Competition.” This is confirmed in the MRW Comment by Thompson, Lisa E. (OALC SAC-F AS3): Updated

The Technical Factor is significantly more important than Past Performance. The Past Performance Factor is slightly more important than the Veterans Preference Factor. The Veterans Preference Factor is slightly more important than Price. When combined, the non-price factors, are significantly more important than price.

To receive consideration for award all the salient characteristics listed in Attachment B – Product Description must be met. Products failing to meet the salient characteristics and all the terms and conditions of the solicitation will be eliminated and receive no further consideration. Offerors are cautioned that the award may not necessarily be made to the Offeror proposing the lowest price, or to the Offeror with the most highly rated technical proposal. Award may be made to other than the lowest priced proposal, if the Government determines that a price premium is warranted due to the merits of one or more of the non-price factors.

The Government intends to award one contract.

2. FACTORS TO BE EVALUATED

1. Technical

2. Past Performance

3. Veterans Preference

4. Price

3C. EVALUATION APPROACH

A. TECHNICAL EVALUATION APPROACH. All proposals shall be subject to evaluation by a team of Government personnel. The Government reserves the right to award without negotiations based upon the initial evaluation of proposals. The proposal will be evaluated strictly in accordance with its written content. Proposals which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, are not sufficient.

Descriptive literature will be used to thoroughly evaluate each proposal to determine the extent to which it meets the salient characteristics listed in the Combined Synopsis/Solicitation Notice Product Description. Those meeting the salient characteristics will then be further evaluated using the subfactors below and an overall adjectival rating will be assigned based upon the strengths and weaknesses observed.

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 - Sterilizing Units: Steam).

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 12 months of the solicitation close date and duly signed by OEM’s authorized representative) to be eligible for award. The OEM letter must be valid for the life of the contract. Failure to include the OEM letter with the Offer will render the Offer non-compliant and will not be considered for award.

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. Offerors must include the completed Salient Characteristic chart located [please include the volume and page number where chart is located] indicating where compliance with the salient characteristics can be found in their literature. Proposals that fail to meet all salient characteristics or fail to return the completed chart will be rated unacceptable and ineligible for award.

Comment by Larson, Shawn R. (OGC): Ratings should be in the SSEP and not the solicitation. Comment by Thompson, Lisa E. (OALC SAC-F AS3): Concur

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. Offerors 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 proposals. 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 Evaluation Descriptive literature will be used to thoroughly evaluate each proposal to determine the extent to which it meets the salient characteristics. The proposal must demonstrate the Offeror’s ability to meet or exceed all the salient characteristics listed in Attachment B – Product Description.

Offerors 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, Price Schedule) of the solicitation.

Offerors may propose any additional ancillary products which they deem to be essential to the functionality of the proposed solution; these items must be captured in the Offeror’s pricing volume with a quantity of zero. Those proposals which fail to meet the requirements of the solicitation and all the salient characteristics will be rated “Unacceptable” and will be ineligible for award.

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

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

Evaluation Sub-factors

Safety Safety features and functions of the offered equipment will be evaluated. Areas may include but are not limited to the following:

· Power door safety features

· Maintenance reminders

· Number and type of Alarms

Design Design features and functions of the offered equipment will be evaluated. Areas may include but are not limited to the following:

· Control system user interface screen features and ease of use

· Equipment monitoring system

· Automated loading and unloading capability

· Ergonomics and ease of use

· Number and type of programable cycles

Performance Equipment will be evaluated for its ability to perform its intended function. Areas may include but are not limited to:

· Total Cycle Time

· DIN instrument tray capacity

· Maximum weight of instruments and or sets per load

· Maximum number of fabric packs per load

· Maximum number of liquid containers per load

· Capability of remote monitoring

· Cleaning Requirements

Quality/Construction Aspects of the construction and quality of material of the equipment will be evaluated and may include but not limited to:

· Terms and conditions of Warranty

· Maintenance Requirements

· Door gaskets

· Chamber material

· Terms and conditions of Service program

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. Comment by Larson, Shawn R. (OGC): Ratings and definitions belong in the SSEP and not the solicitation Comment by Thompson, Lisa E. (OALC SAC-F AS3): Updated Comment by Larson, Shawn R. (OGC): See comment above Comment by Thompson, Lisa E. (OALC SAC-F AS3): Updated Comment by Larson, Shawn R. (OGC): This language has already been captured above.

B2. Past Performance Evaluation

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

The Government will consider recent (defined as Contracts/BPAs/Orders performed within the last three years) and relevant (based on size, scope, and complexity to this requirement) past performance. First, the Government will evaluate the offeror’s recent past performance to determine its relevance. . 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 CO’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. Comment by Larson, Shawn R. (OGC): This belongs in the SSEP and not the solicitation Comment by Thompson, Lisa E. (OALC SAC-F AS3): Updated

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 and the Offeror may not be evaluated favorably or unfavorably..

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 past performance, unless those other contractors are part of a joint venture contractor as demonstrated by a signed joint venture agreement. 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.

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. Comment by Larson, Shawn R. (OGC): Ratings should be in the SSEP only Comment by Thompson, Lisa E. (OALC SAC-F AS3): U[pdated

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

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

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

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

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

C3. Veterans Preferences

In accordance with Veterans Affairs Acquisition Regulation (VAAR) 852.215-70 SDVOSB and VOSB Evaluation Factors, the Government will assign evaluation credit for an Offeror (prime contractor) which is a SDVOSB or a VOSB as indicated below. Non - SDVOSB/VOSB Offerors proposing to subcontract with SDVOSB/VOSBs may receive some consideration as indicated below. To receive credit, an SDVOSB/VOSB must be registered and verified by the 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 at time of award.

The following rating definitions will be utilized in the evaluation of the Veterans Involvement Factor:

0. a. Full Credit — The Offeror is properly registered and certified by the SBA database (https://veterans.certify.sba.gov/) as an SDVOSB 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.

0.

0. b. Partial Credit — The Offeror is properly registered and certified by the SBA database (https://veterans.certify.sba.gov/) as an VOSB 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.

0.

0. c. Some Consideration — The non-SDVOSB/VOSB Offeror is proposing to subcontract a minimum of 7% of the total contract value proposed with SDVOSB(s) and/or a minimum of 10% of the total contract value proposed with VOSB(s), has provided a name of the SDVOSB(s) and/or VOSB(s), a brief description of the work they are to perform and the approximate dollar values of the proposed subcontracts. Proposed SDVOSB/VOSB subcontractors are registered and certified by the 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.

0.

0. d. No Credit — The Offeror does not qualify for any credit as described above.

In accordance with VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, the Government will assign full evaluation credit for an offeror (prime offeror) that is a 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.

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 evaluation credit. Note that in order to receive credit under this evaluation factor, prime offeror SDVOSBs and/or VOSBs or proposed subcontractor SDVOSBs and/or VOSBs must be registered in SAM as a small business and VIP verified at the time of quote and submission and award.

Also note that the Government requires the offeror to honor the evaluation factor commitment to the SDVOSB/VOSB concern throughout the life of the contract or to substitute one or more SDVOSB/VOSB businesses for subcontract work of the same or similar value (percentage).

D4. Price Evaluation

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

1) competitive offers received in response to the solicitation;

2) proposed prices against the IGCE; or

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

Each CLIN will be evaluated using the estimated quantities provided in Attachment A - Price Cost Schedule - NX EQ Sterilizing Units: Steam of the solicitation. The Total Proposed Cost will be the aggregate sum of all CLINs for the entire period of performance. Evaluation of options shall not obligate the Government to exercise the option(s). The Service Level Agreement (SLA) fee of 3% shall be included in the total proposed unit price. Comment by Larson, Shawn R. (OGC): Is this correct? Comment by Thompson, Lisa E. (OALC SAC-F AS3): Updated

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

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: $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 of the solicitation are listed for informational and evaluation purposes only and do not obligate the Government to purchase such quantity nor does the Government guarantee any volume of purchases through this contract. Based on the anticipated volume of orders to be issued under this contract, Offerors are strongly encouraged to provide additional discounts and price reductions from their list prices.

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

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

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

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 presenting an unacceptable level of risk to the Government. If the Contracting Officer determines that the risk is unacceptable, then the bid or offer can be rejected.

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 proposal may 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.

SUBCONTRACTING PLAN REQUIREMENTS Comment by Larson, Shawn R. (OGC): Per RFO 19.109(a) In negotiated acquisitions, each solicitation of offers to perform a contract that is expected to exceed $900,000 ($2 million for construction of any public facility) and that has subcontracting possibilities, must require the apparently successful offeror to submit an acceptable subcontracting plan. 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. Comment by Thompson, Lisa E. (OALC SAC-F AS3): Should we remove? Or add the above mentioned language? Comment by Larson, Shawn R. (OGC): I inserted the language into the RFQ and cited the reason above. This is fine as written. Nothing further needs to be done 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 19.704(a).

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 19.704(a).

(End of Addendum to 52.212-2)

D.3 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2025)

(a) Definitions. As used in this clause— 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).

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(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.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEVIATION NOV 2025)

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

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

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

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

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

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains…