C03. 36C26325P0672.pdf
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- 811210 Move Spect CT & Level Floor - NWI
- Solicitation number
- 36C26325P0672
About this file
This document is a federal contract award notice for the Department of Veterans Affairs (VA) to GE Precision Healthcare LLC for medical equipment relocation services at the Omaha VA Medical Center. The contract, valued at $103,500.00 and awarded on June 2, 2025, involves de-installing a GE Optima 640 Nuclear Medicine Gamma Camera from room 2030-1 and relocating it to room 1944-25, with comprehensive requirements including shipping frame procurement, floor leveling, equipment de-installation, transportation, re-installation, system testing, and calibration.
The scope of work mandates the contractor to coordinate with VA Engineering and Healthcare Technology Management, perform a functional equipment check with software backups, reconnect mechanical components, complete system interconnection cabling tests, verify electrical and programming functions, and finalize documentation for patient use. The contract specifies strict requirements for contractor identification, parking, conduct, and qualifications, including mandatory training equivalent to the original equipment manufacturer's standards and compliance with VA regulations and safety standards. The performance period is from May 21, 2025 to November 17, 2025, with work to be conducted during normal business hours at the Omaha VA Medical Center.
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
636-25-2-2301-0218
36C263-25-AP-1487
36C26325P0672
3. AWARD/EFFECTIVE DATE
AWARDED:
EFFECTIVE:
Timothy Kimmel 319-688-3646
36C263 Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St Suite 300 Coralville IA 52241
X
811210
$34 Million
N/A
36C636
Department of Veterans Affairs NWI/Omaha VA Health Care System 4101 Woolworth Ave Omaha NE 68105-1850
36C263
Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St, Suite 300 Coralville IA 52241
9CB48
GE PRECISION HEALTHCARE LLC
3000 NORTH GRANDVIEW BOULEVARD
WAUKESHA WI 53188
JJURYE5M19G1
Department of Veterans Affairs
FMS-VA-2(101)
Financial Services Center PO Box 149971 Austin TX 78714-9971
See CONTINUATION Page
Move Spect CT and Floor Leveling - NWI
See Attached Schedule of Services for Individual Line Items
Please Use PO# 636C51177 On All Invoices and Correspondence
Period of Performance: 5/21/2025-11/17/2025
PLEASE SUBMIT ALL INVOICES ELECTRONICALLY FREE OF CHARGE
VIA THE OB10 SYSTEM FOR PAYMENT AT WEBSITE:
https://www.tungsten-network.com/US/en/veterans-affairs
$103,500.00 See CONTINUATION Page
636-3650160-2301-822200-2520-010055543 636-25-2-2301-0218 636C51177
X X
Timothy Kimmel
VHA-RPOC-2021-2
Pierrette M. Kalter
5/21/2025 6/2/2025
6/2/2025
213023370 Typewritten text Pierrette M. Kalter - Contract Sales Director
213023370 Typewritten text 5/20/2025
36C26325P0672
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
A.2 CONTRACT ADMINISTRATION DATA
A.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ACCOUNTING AND APPROPRIATION DATA
A.4 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.2 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)
C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
C.4 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY
ACCESSIBILITY (FEB 2023)
C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.7 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (JAN 2025)
C.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
A.2 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
Josh Bainbridge
Josh.Bainbridge@gehealthcare.com
b. GOVERNMENT: Contracting Officer 36C263 Timothy Kimmel
Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St
Suite 300
Coralville IA 52241
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Upon Invoice Receipt
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
1. Scope of Work:
1.1. The contractor will furnish all labor, parts, transportation, and materials to de-install the Optima 640 MX678610 SPEC CT 402451D640 SN: 640V25366 from room 2030-1 and move unit to new location in room 1944-25 within same facility at the Omaha VA Medical Center.
The contractor will level floor of the new room to comply with GE Medical’s specifications for the unit being moved. This requirement is for sole source service. Estimated cost: $103,500.00
1.2. At new location prior to equipment move:
Contractor shall order shipping frame and detector crates designed for the equipment to be moved and ship to existing location at 4101 Woolworth Ave, Omaha NE 68105. Contractor must verify specified lighting, power and air conditioning are available prior to install in new room. Contractor will coordinate with VA Engineering and VA Healthcare Technology Management prior to and during floor leveling and re-installation.
1.3. De-Install:
Contractor will de-install the equipment and prepare for transport. De-installation includes a functional check of the equipment and software backups prior to transport. The VA will provide an electrician to disconnect/re-connect power to the equipment in all locations.
1.4. Re-install:
Contractor will reconnect and reassemble mechanical system components in the newly prepared location. Contractor will connect and complete functional tests of all system interconnection cabling. Power-up the re-installed equipment, check programming, electrical function test of all motorized movements and complete functional check of all electronic components. Contractor will complete system calibration, Image Quality Finalization and CCT testing. Contractor will finalize all required documentation for turnover for 1st patient use.
1.5. Within 72 -hours of award of contract, the contractor shall provide, in writing, to the Contracting Officer the name, title, address, and telephone number of the contractor’s representative. The contractor shall provide a single point of contact for all support required under this contract.
2. Equipment:
2.1. The equipment to be moved includes:
Manufacturer Model# GE Site# Equipment
GENERAL ELECTRIC OPTIMA 640 402451D640 Nuclear Medicine Gamma Camera
3. Definitions/Acronyms:
3.1. NWIHCS - Nebraska Western Iowa Health Care System. Consists of 3 main campuses:
Omaha 4101 Woolworth Ave, Omaha NE 68105 (ph 402.995.3040); Grand Island 2201 N Broadwell Ave, Grand Island NE 68803 (308-382-3660 ext 2491); and Lincoln 600 South 70th, Lincoln NE 68510 (ph 402.489.3802 ext 6437)
3.2. CO – Contracting Officer, VA Omaha/Purchasing and Contracting Division, Bldg 6, Room 103, telephone number 402 346-8800 ext 4505.
3.3. COR – Contracting Officer’s Representative.
3.4. IAW – In Accordance With
3.5. FSE – Field Service Engineer. A person who is authorized by the contractor
3.6. ESR – Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.
3.7. Acceptance Signature – Signature of VA Omaha employee who indicates FSE demonstrated service conclusion/status and user has accepted work as complete/pending as stated in ESR.
3.8. Authorization Signature – COR’s signature; indicates COR accepts work status as stated in
ESR.
3.9. OSHA – Occupational Safety and Health Administration.
3.10. BESS (IMAGING)— Biomedical Equipment Support Specialist. VA employee responsible vendor coordination of maintenance for VA owned medical equipment.
4. Conformance Standards:
4.1. Contract service shall ensure that the equipment/system functions in conformance with the latest published edition of NFPA-99, OSHA, and manufacturer’s installation/service literature.
5. Hours of Coverage:
5.1. The contractor will perform work described in the SOW within the normal business hours (7:00 AM to 5:00 PM (CST) M-F).
5.2. All scheduled service/repairs shall be performed during these normal hours of coverage unless one of the following conditions exist:
5.2.1 The contractor wishes to perform such maintenance at a time that is outside of the normal hours of coverage, at no additional cost to the Government, and the contractor submits a request to the COR prior to the proposed start of the maintenance and the request is approved by the COR before work is begun.
5.3. Federal holidays observed by VA Omaha are:
New Year’s Day Labor Day Martin Luther King Day Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day and any other day specifically designated by the President of the United States.
6. Documentation/Reports:
6.1. Documentation shall include detailed description of the service performed and a statement saying equipment is in compliance with manufacturer’s specifications.
6.2. Any additional charges claimed will be approved by the CO via the COR before service is completed.
7. Reporting Requirements:
7.1. Upon arrival at VA Omaha the contractor shall be required to log in with Biomed in room B556 in Omaha. This log in is mandatory as well as wearing the contractor badge issued upon log
in. Contractor’s FSE(s) shall always wear visible identification while on the premises of the VA. Identification shall include, as a minimum, the employee’s name, position, and the contractor’s trade name. In addition, the contractor shall read a short training narrative on privacy and acknowledge they have read and understand.
7.2. When service is completed, the FSE shall document services rendered on a legible ESR(s) and submit to the BESS who set-up the service. The ESR can be submitted when logging out with Biomed, via an internet web site or e-mail. ESRs should be submitted not later than 5 business days after service is complete. Preferred method of delivery is via email to NWIHCSBiomedicalStaff@va.gov
7.3. In those cases when the Biomed office is closed, contractor personnel will log in and/or out via the VA police and after-hours service shall be prearranged with the BESS.
8. Services Beyond the Contract Scope:
8.1. Contractor shall immediately, but not later than 24 consecutive hours after discovery, notify the CO and COTR, (in writing), of the existence of the development of any defects in, or repairs required to, the scheduled equipment which the contractor considers he/she is not responsible for under the terms of the contract.
8.2. Contactor shall furnish the COTR with a written estimate of the cost to make necessary repairs.
9. Condition of Equipment:
13.1. The contractor accepts responsibility for the equipment described in “as is” condition.
mailto:NWIHCSBiomedicalStaff@va.gov
9.2. Failure to inspect the equipment prior to contract award shall not relieve the contractor from performance of the requirements of this contract.
10. Test Equipment:
10.1. Test equipment calibration shall be traceable to National Institutes of Standard Technology standards.
11. Identification, Parking, Smoking, and VA Regulations:
11.1. Contractor’s FSE(s) shall always wear visible identification while on the premises of the VA. Identification shall include, as a minimum, the employee’s name, position, and the contractor’s trade name.
11.2. It is the responsibility of the contractor to park in the appropriate designated parking areas.
Information on parking is available from VA Police Service. VA will not invalidate or make reimbursement for parking violations of the contractor under any conditions.
11.3. Smoking is prohibited inside all VA buildings.
11.4. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search.
11.5. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state or municipal court.
12. Contractor Qualifications:
12.2. “Fully qualified” is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program for the equipment identified in this solicitation as required by the Original Equipment Manufacturer (OEM) and equal to what the manufacturer provides their own field service personnel.
12.3. Contractor must provide, upon request, evidence of appropriate training of any FSE(s) providing services under terms of the contract. Subcontracting of any ensuing award of this solicitation will not be allowed without written permission of the Contracting Officer.
12.4. Contractor must have access to all OEM proprietary information due to the critical nature of these services. Examples of this information would be software updates and factory service bulletins that describe updates/modifications needed to make the equipment under this contract safe for use.
When issuing new contracts include the following provisions and clauses, if applicable:
• 52.204-8, Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)
• 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025)
• 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)
• 52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN 2025)
(DEVIATION FEB 2025)
A.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1.00 JB $52,500.000000 $52,500.00
Optima 640 $oom move DEINSTALL EXISTING GE OPTIMA
SPECT/CT, SITE ID 402451D640 FROM ROOM 2030-1 AT THE
OMAHA VA AND REINSTALL IT IN ROOM 1944-25 AFTER
LEVELLING FLOOR AT THE OMAHA VA. NOTE: THIS WAS
PREVIOUSLY AWARDED ON CONTRACT 36C26323P0850,
BUT HAD TO BE CANCELLED DUE TO CONSTRUCTION
DELAYS.
PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): N/A
LOCAL STOCK NUMBER: N/A
ACRN: 1 Requisition Number: 636-25-2-2301-0218
Appropriation: 636-3650160-2301-822200 Diagnostic Radiology- 2520 Repair of Furniture and E-010055543
$52,500.00
1.00 JB $51,000.000000 $51,000.00
Floor Prep - Sub contract floor repairs PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
MANUFACTURER PART NUMBER (MPN): N/A
LOCAL STOCK NUMBER: N/A
ACRN: 1 Requisition Number: 636-25-2-2301-0218
Appropriation: 636-3650160-2301-822200 Diagnostic Radiology- 2520 Repair of Furniture and E-010055543
$51,000.00
GRAND TOTAL $103,500.00
ACCOUNTING AND APPROPRIATION DATA
ACRN APPROPRIATION
REQUISITION
NUMBER AMOUNT
1 636-3650160-2301-822200 Diagnostic Radiology-2520 Repair of Furniture and E-010055543
636-25-2-2301-0218 (P)
$103,500.00
A.4 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY
DELIVERY
DATE
0001 SHIP TO: Department of Veterans Affairs Omaha VA Health Care System 4101 Woolworth Ave Omaha, NE 68105 1850
USA
1.00 180 Days ARO
FOB: DESTINATION
0002 SHIP TO: Department of Veterans Affairs Omaha VA Health Care System 4101 Woolworth Ave Omaha, NE 68105 1850
USA
1.00 180 Days ARO
FOB: DESTINATION
SECTION C - CONTRACT CLAUSES
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
Clauses 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 clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within FIVE (5) days from the end of the contract.
(End of Clause)
C.2 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)
(a) The Contractor shall conform to the standards established by: as to NFPA-99, OSHA and manufacturer’s install/service literature.
(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.
(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:
(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.
(End of Clause)
C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT
REQUESTS (NOV 2018)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001;
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.
Submission of payment requests by mail may be required for—
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause)
C.4 VAAR 852.239-76 INFORMATION AND COMMUNICATION
TECHNOLOGY ACCESSIBILITY (FEB 2023)
(a) All information and communication technology (ICT) (formerly referred to as electronic and information technology (EIT)) supplies, information, documentation and services support developed, acquired, maintained or delivered under this contract or order must comply with the ‘‘Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards’’ (see 36 CFR part 1194). Information about Section 508 is available at http://www.section508.va.gov/.
(b) The Section 508 accessibility standards applicable to this contract or order are identified in the specification, statement of work, or performance work statement. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.
(c) The Section 508 accessibility standards applicable to this contract are:
(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the Contractor submit a completed VA Section 508 Checklist and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.
(e) If this is an Indefinite-Delivery type contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include ICT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed VA Section 508 Checklist and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.
(End of Clause)
C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT
2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.
Such designation will be in writing through an ACO Letter of Delegation and will identify the http://www.section508.va.gov/ responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Clause)
C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Clause)
FAR
Number
Title Date
52.203-17 NOV 2023
52.204-8 JAN 2025
52.204-13 OCT 2018
52.204-18 AUG 2020
52.212-4 NOV 2023
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS
ANNUAL REPRESENTATIONS AND CERTIFICATIONS
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
C.7 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (JAN 2025)
(a) Definitions. As used in this clause—
Commercial product, commercial service, and commercially available off the-shelf item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101.
Subcontract includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial products, commercial services or non-developmental items as components of items to be supplied under this contract.
(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial products or commercial services:
(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.
3509), if the subcontract exceeds the threshold specified in FAR 3.1004(a) on the date of subcontract award, and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.
(iii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);
this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
(iv) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017).
(v) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021), other than subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c) of FAR clause 52.204-21.
(vi) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).
(vii) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(viii) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).
(ix)(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.
(DEC 2023) (Pub. L. 115–390, title II).
(B) Alternate I (DEC 2023) of 52.204–30.
(x) 52.219–8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.
(xi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(xii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
(xiii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212(a)).
(xiv) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xv) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xvi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.
(xvii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xviii) 52.222-55, Minimum Wages for Contractor Workers under Executive Order 14026 (JAN 2022), if flow down is required in accordance with paragraph (k) of FAR clause 52.222-55.
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706), if flow down is required in accordance with paragraph (m) of FAR clause 52.222-62.
(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a) if flow down is required in accordance with 52.224-3(f).
(B) Alternate I (JAN 2017) of 52.224-3, if flow down is required in accordance with 52.224- 3(f) and the agency specifies that only its agency-provided training is acceptable.
(xxi) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.
(xxiii) 52.240–1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities (NOV 2024) (Sections 1821–1826, Pub. L. 118–31, 41 U.S.C.3901 note prec.).
(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may flow down to subcontracts for commercial products or commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.
(End of Clause)
FAR
Number
Title Date
852.203-70 COMMERCIAL ADVERTISING MAY 2018
(End of Addendum to 52.212-4)
C.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision—
Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR 127, and the concern is identified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
https://www.sam.gov/
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education;
or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—
(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;
and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
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.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern—
(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
Women-owned small business concern means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212–3, Offeror Representations and Certifications—Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that—
(i) It [ ] is, [ ] is not a small business concern; or
(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.]
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.
(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ] is, [ ] is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror http://www.sam.gov/ represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]
(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.
(6) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern.
(7) WOSB join venture eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.]
(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.]
Note to Paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
(9) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern.
(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(d) Representations required to implement provisions of Executive Order 11246—
(1) Previous contracts and compliance. The offeror represents that—
(i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [ ] has, [ ] has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that—
(i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).
(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract.
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