Combined Presolicitation Solicitation - Tissue Processor for Albany VAMC.pdf

Description This is a combined presolicitation/solicitation for commercial products and commercial services prepared in accordance with the format Revolutionary FAR Overhaul (RFO) in Federal Acquisition Regulation (FAR) subpart 12.201-1, “Simplified procedures,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2026-01.

This solicitation is Unrestricted allowing for full and open competition.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing, with a small business size standard of 1,000 employees.

The FSC/PSC is 6640 – Laboratory Equipment and Supplies.

The Network Contract Office 02, 130 West Kingsbridge Road, Bronx, NY 10468, is seeking to purchase a vacuum infiltration tissue processor for the Albany VA Medical Center (VAMC).

All interested companies shall provide quotations for the following:

Supplies/Services

Line Item Description Quantity Unit of

Measure Unit Price

Total Price

0001 Tissue Processor. Pricing should be all inclusive to include all components, shipping, handling, and packaging.

1 EA

0002 Installation 1 Job 0003 Training 1 Job https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#FAR_12_201_1

Combined Presolicitation-Solicitation for Commercial Products and Commercial Services

Effective Date: 01/15/2026 Revision: 03

Statement of Work

Tissue Processor-Pathology and Laboratory Medicine Service

Albany VA Hospital 113 Holland Ave Albany, NY 12208

1. PURPOSE

The purpose is to provide the Anatomic Pathology section of the Pathology and Laboratory Medicine Service (P&LMS) in Albany with a tissue processor to use in the preparation of biopsy samples obtained from Veteran patients. This preparation is necessary to produce diagnostic slides for review by P&LMS Pathologists.

2. SCOPE

2.1 The Contractor shall provide, transport, install, and test all listed equipment. All products must meet all salient characteristics defined in this section.

2.2 All equipment and installation must meet manufacturers and VA specifications.

2.3 The Contractor shall furnish all supplies, equipment, facilities and services required for delivery and installation of the supplies and equipment.

2.4 The Contractor is responsible for any missing parts and components not included in the order to carry out the installation.

2.5 Training of staff in the operation and maintenance of the equipment shall be provided by the Contractor.

2.6 SALIENT CHARACTERISTICS

2.6.1 Vacuum Infiltration Tissue Processor Quantity-1

Specifications/Salient Characteristics:

Must be a floor standing model not to exceed the following dimensions:

H-60 in. x W-37 in. x D-54 in.

Refurbished or previously owned units are not acceptable Must not exceed 470 lbs empty weight Must be moveable to allow access to serviceable parts for staff and vendor Must operate on a 115 +/- 10% VAC 60 Hz Must have a process capacity of up to at least 300 cassettes (blocks) per run Must allow use of commercially available, nonproprietary brands of reagents and reagent substitutes Reagent reservoirs must allow easy access for changing reagent solutions and be able to be loaded from the front

Must have a reagent management system to allow rotation of solution groups for optimum processing

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Must allow at least 30 programmable processing programs (including cleaning programs)

Must allow for short cycle programmable processing programs Must have built in systems to minimize exposure to chemical fumes Must have audible and visually displayed alarms for system malfunction Must allow for delayed start and end times of processing with auto-calculation Must have all of the following sufficient for initial operation as part of the original price:

• all reagent bottles with attachments and labels as necessary

• bulk reservoirs for at least xylene and alcohol

• paraffin reservoirs as necessary

• waste bottles as necessary

• waste bags as necessary

• activated carbon filters as necessary

• metal cassette baskets with handles and dividers to complete up to a

300 cassette (block) run as necessary

• metal cassette baskets with handles and dividers to complete at least a

150 cassette (block) run as necessary

• any necessary hoses

• at least one basket transport tray

• paraffin scrapers as necessary

• any other parts needed to allow for immediate training and use after installation

• at least a 1 year warranty on the processor and installation

2.6.2 6 month supply of carbon activated filters for each processor

2.6.3 1 copy each of the Operator’s manual and of the Technical (Service) manual for the processor at the time of installation

2.6.4 Off-site training for one member of the BioMed Service staff

2.6.5 Installation of Tissue Processor

2.6.6 On-site training of histology staff on completion of installation

2.7 DELIVERY AND INSTALLATION

2.7.1 DELIVERY

2.7.1.1 Contractor shall deliver all equipment to the Albany Stratton Veterans Health Care System Pathology and Laboratory Medicine Service

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Anatomic Pathology section, Rm C323 at 113 Holland Avenue Albany NY 12208.

2.7.1.2 Deliver materials to the site in manufacturer's original sealed containers with brand name marked thereon.

2.7.1.3 Package items to prevent damage or deterioration during shipment, handling, storage and installation. Maintain protective covering in place and in good repair until removal is necessary.

2.7.1.4 Deliver specified items only when the site is ready for installation work to proceed.

2.7.1.5 Store products in dry condition inside enclosed facilities.

2.7.1.6 Any government requested delayed delivery up to 90 days after initial award delivery date, shall be at no additional cost to the Government.

2.7.1.7 Delivery and Installation will be coordinated through the VA

POC.

2.8.2 INSTALLATION

2.8.2.1 All equipment shall be installed by the contractor or contractor’s representative unless otherwise noted above.

2.8.2.2 Install all equipment to manufacturers specifications maintaining Federal and Local safety standards

2.8.2.3 Installation -must be completed no later than 90 days after contract award, unless directed otherwise the VA POC. The exact date will be coordinated with the VA POC. All work shall be completed between 8:00 a.m. and 4:30 p.m. Monday – Friday; all federal holidays excluded.

Federal holidays are available at the Federal Holiday OPM Site.

2.8.2.4 If there is an operational conflict with installation.

Government will provide 72 hours’ notice of change of installation time.

2.8.2.5 The contractor shall coordinate all deliveries, staging areas, installations, and parking arrangements with the VA POC.

2.8.2.6 The Contractor shall remove all related shipping debris and cleanup any construction associated with delivery and installation of the specified items. Contractor shall remove all packaging from the Albany VAMC premises. The Contractor shall be responsible for any damage to the building that occurs due to Contractor error or neglect.

2.9 SITE CONDITIONS

2.9.1 There shall be no smoking, eating, or drinking inside the hospital at any time.

3. INSPECTION AND ACCEPTANCE:

3.1 The Contractor shall conduct a joint inspection with the COR upon delivery of equipment.

http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/%23url=2015

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3.2 The COR shall ensure all work is completed satisfactorily prior to acceptance.

Disputes shall be resolved by the Contracting Officer.

4. DELIVERABLES

4.1 Operation and Technical Manuals

4.1.1 The vendor shall supply hard copies of the operator and technical (service) manual for the tissue processor.

4.1.2 The vendor shall supply any technical data derived during installation to the Anatomic Pathology supervisor on completion of installation.

5. OPERATOR TRAINING:

5.1 Contractor shall provide On-site training of the tissue processor to at least 1

Histology staff member. Scheduling of both on-site and off-site operator training shall be coordinated with the VA POC after installation is complete.

6. PROTECTION OF PROPERTY

6.1 Contractor shall protect all items from damage. The Contractor shall take precaution against damage to the building(s), grounds and furnishings. The Contractor shall repair or replace any items related to building(s) or grounds damaged accidentally or on purpose due to actions by the Contractor.

6.2 The Contractor shall perform an inspection of the building(s) and grounds with the VA POC prior to commencing work to ensure that the Contractor shall be able to repair or replace any items, components, building(s) or grounds damaged due to negligence and/or actions taken by the Contractor. The source of all repairs beyond simple surface cleaning is the facility construction contractor (or appropriate subcontractor), so that building warranty is maintained. Concurrence from the VA Facilities Management POC and VA POC is required before the Contractor may perform any significant repair work. In all cases, repairs shall utilize materials of the same quality, size, texture, grade, and color to match adjacent existing work.

6.3 The Contractor shall be responsible for security of the areas in which the work is being performed prior to completion.

6.4 Contractor shall provide floor protection while working in all VA facilities. All material handling equipment shall have rubber wheels.

7. SECURITY REQUIREMENTS

7.1 A&A requirements do not apply--Security Accreditation Package is not required".

7.1.1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

8. WARRANTY

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8.1 The contractor shall provide a one year manufacturer’s warranty on all parts and labor.

8.2 The warranty shall include all travel and shipping costs associated with any warranty repair.

(End of Statenent of Work)

Delivery, installation, and training shall be provided no later than 90 days after receipt of order (ARO), unless directed otherwise the VA POC. The exact date will be coordinated with the VA POC. Delivery shall be FOB Destination.

Place of Performance/Place of Delivery Albany VA Medical Center 113 Holland Avenue Albany, NY 12208

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52.

The following solicitation provisions and clause apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial

Services” (SEP 2023)

The following provision is incorporated into 52.212-1 as an addendum to this solicitation:

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (DEVIATION 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;

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

Effective Date: 01/15/2026 Revision: 03

(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

Effective Date: 01/15/2026 Revision: 03 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)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEVIATION OCT 2025)

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR.

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part- 52#FAR_52_252_1 (FAR) and https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1

Effective Date: 01/15/2026 Revision: 03 http://www.va.gov/oal/library/vaar/index.asp (VAAR)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017)

52.204-7 System for Award Management—Registration (NOV 2024) (DEVIATION NOV 2025)

52.216-1 Type of Contract (APR 1984) (DEVIATION NOV 2025)

The Government contemplates award of a firm-fixed-price contract resulting from this solicitation.

(End of provision)

52.219-1 Small Business Program Representations. (FEB 2024) (DEVIATION NOV 2025)

(a) Definitions. As used in this provision-

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) ( 13 CFR 126.103).

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.

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 the size standard in paragraph (b) of this provision.

http://www.va.gov/oal/library/vaar/index.asp https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.103

Effective Date: 01/15/2026 Revision: 03

(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 means a small business concern that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by 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

(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 paragraph (1) of this definition.

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) The North American Industry Classification System (NAICS) code for this acquisition is 334516 - Analytical Laboratory Instrument Manufacturing.

(2) The small business size standard is 1,000 employees.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

Effective Date: 01/15/2026 Revision: 03

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) 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) [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 disadvantage business concern.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer 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: __.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer 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: __.]

(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern]. The offeror represents as part of its offer that it □ is, □ is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 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 must be certified as a HUBZone concern.

(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-

Effective Date: 01/15/2026 Revision: 03 owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—

(1) Punished by imposition of fine, imprisonment, or both;

(2) Subject to administrative remedies, including suspension and debarment; and

(3) Ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (NOV

2023) (DEVIATION NOV 2025)

(a)

(1) The Offeror certifies that each end product, except those listed in paragraph (b) or (c)(1) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(2) of this provision contains a critical component.

(2) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act."

(b) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line item No. Country of origin

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[List as necessary]

(c)

(1) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Other Foreign End Products:

Line Item No. Country of origin

(2) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ___

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(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of provision)

52.225-18 Place of Manufacture (AUG 2018)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications.

(DEVIATION NOV 2025)

(a) Definitions. As used in this provision-—

Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

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;

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(2) Are conducted under 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)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204- 1(c)(2)).

https://www.sam.gov/

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

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by

Effective Date: 01/15/2026 Revision: 03 the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN- List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs

(c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx mailto:CISADA106@state.gov

Effective Date: 01/15/2026 Revision: 03 design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number;

and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

https://dibnet.dod.mil/

Effective Date: 01/15/2026 Revision: 03

(End of provision)

52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any VA Acquisition Regulation (VAAR)(48 CFR Chapter 8) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Contractor Remittance Address: All payments by the Government to the contractor will be made in accordance with 52.232-33, Payment by Electronic Funds Transfer— System for Award Management.

Invoices shall be submitted in arrears: 30 days after completion of order.

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.

https://www.tungsten-network.com/customer-campaigns/veteransaffairs/

2. FAR 52.212-2 Evaluation-Commercial Products and Commercial Services

ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION AUG 2025)

(a) The following factors shall be used to evaluate quotations:

(1) Technical Capability

(2) Past Performance

(3) Veterans Involvement

(4) Price

Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 12.203(c), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that https://www.tungsten-network.com/customer-campaigns/veteransaffairs/

Effective Date: 01/15/2026 Revision: 03 provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting alternate quotations however quoters may present alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.202), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Any exceptions taken by the quoter must be clearly identified in writing. The evaluation will consider the following:

(1) Technical Capability: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

(2) Past Performance: The past performance evaluation will assess the relative risks associated with a quoter’s likelihood of success in fulfilling the solicitation’s requirements as indicated by the quoter’s record of past performance. The past performance evaluation may be based on the contracting officer’s knowledge of and previous experience with the supply or service being acquired; Customer surveys, and past performance questionnaire replies; Contractor Performance Assessment Reporting System (CPARS) at http://www.cpars.gov/; Exclusion Records in the System for Award Management (SAM) at https://www.sam.gov; or any other reasonable basis.

(3) Veterans Involvement: In accordance with Veterans Affairs Acquisition Regulation (VAAR) 852.215-70 (DEVIATION), Service-Disabled Veteran-Owned and Veteran-Owned Small Business (VOSB) Evaluation Factors, the Government will assign evaluation credit for a Quoter (i.e., prime contractor) which is a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a VOSB. To receive credit, an offeror must be registered and verified in Small Business Administration’s (SBA) Small Business Search database at time of quotation submission and at time of award (https://search.certifications.sba.gov/) and must meet federal small business size standards for the North American Industry Classification System (NAICS) code assigned to this solicitation. Verified SDVOSBs will receive a 10% price credit (e.g. if a SDVOSB submits an offer of $100.00 it will be evaluated as if it submitted an offer of $90.00). Verified VOSBs will receive a 5% price credit (e.g. if a VOSB submits an offer of $100.00 it will be evaluated as if it submitted an offer of $95.00). Non- SDVOSB/VOSB quotations that use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation Factor. Quoters must state in their quotations the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-4#FAR_4_202 http://www.cpars.gov/ http://www.cpars.gov/ https://www.sam.gov/ https://search.certifications.sba.gov/

Effective Date: 01/15/2026 Revision: 03 registered and verified in SBA’s Small Business Search database (https://search.certifications.sba.gov/) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both quotation submission and at time of award. If a non-SDVOSB submits a quotation where it will be using a SDVOSB it will receive a 3% price credit (e.g. if the non-SDVOSB submits an offer of $100 it will be evaluated as if it submitted an offer of $97.00). If a non-VOSB submits a quotation where it will be using a VOSB it will receive a 2% price credit (e.g. if the non-VOSB submits an offer of $100 it will be evaluated as if it submitted an offer of $98.00).

(4) Price: The Government will evaluate the price by adding the total of all line-item prices. The Total Evaluated Price will be that sum.

(b) 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.

(c) Authorized Distributor. If the vendor is not the original equipment manufacturer (OEM) for the proposed products/services being offered, they must be an authorized dealer, authorized distributor, or authorized reseller, verified by an authorization letter or other documents from the OEM. Quoters must submit this documentation with their quote.

(End of Provision)

3. www.sam.gov registration is required to be complete at time of submission of response. Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://sam.gov.

4. FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and

Commercial Services” (NOV 2023) (DEVIATION OCT 2025)

Addendum to 52.212-4 – Contract Terms and Conditions – Commercial Products and Commercial Services (OCT 2025)

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:

https://search.certifications.sba.gov/ http://www.sam.gov/ https://sam.gov/

Effective Date: 01/15/2026 Revision: 03

52.252-2 Clauses Incorporated by Reference (FEB 1998) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part- 52#FAR_52_252_2 (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017)

52.204-13 System for Award Management-Maintenance (OCT 2018) (DEVIATION

NOV 2025)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (DEVIATION NOV 2025)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV

2015) (DEVIATION NOV 2025)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (OCT 2022) (DEVIATION NOV 2025)

52.219-28 Postaward Small Business Program Representation (JAN 2025)

(DEVIATION NOV 2025)

52.222-3 Convict Labor. (JUN 2003) (DEVIATION NOV 2025)

52.222-19 Child Labor-Cooperation with Authorities and Remedies. (JAN 2025)

(DEVIATION NOV 2025)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020) (DEVIATION

NOV 2025)

52.222-50 Combating Trafficking in Persons. (NOV 2021) (DEVIATION NOV 2025)

52.223-23 Sustainable Products. (MAY 2024) (DEVIATION NOV 2025)

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act. ALT II (JAN

2025) (DEVIATION NOV 2025)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

(MAY 2024)

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_2 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_2 http://www.va.gov/oal/library/vaar/index.asp

Effective Date: 01/15/2026 Revision: 03

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

(OCT 2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

(MAR 2023)

52.233-3 Protest after Award. (AUG 1996) (DEVIATION NOV 2025)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) (DEVIATION

NOV 2025)

52.240-91 Security Prohibitions and Exclusions. (DEVIATION NOV 2025)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Effective Date: 01/15/2026 Revision: 03

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal…