Dental Imaging RFQ 36C24424Q0926 .pdf
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- Solicitation number
- 36C24424Q0926
About this file
This document is a Request for Quote (RFQ) for the procurement of dental imaging equipment for the Coatesville VA Medical Center. The Department of Veterans Affairs, Network Contracting Office 4 intends to purchase one 2D/3D panoramic imaging system and five wall-mounted intraoral x-ray units. This is a brand name or equal solicitation, with the Axeos Complete and HD Plu Heliodent Wall Version x-ray systems specified as the brand name items. Offers are due by August 14, 2024 at 10:00 AM EDT. The contract will be awarded as a one-time firm fixed price contract. The solicitation includes detailed technical requirements for the dental imaging equipment, installation and training, warranty, and other standard federal contract terms and conditions. Offerors must comply with several representations and certifications including the Buy American Act, small business status, and information security requirements.
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| 36C24424Q0926_1.docx | DOCX document |
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 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
542-24-3-483-0088
36C24424Q0926 08-08-2024
Matthew Wright, matthew.wright6@va.gov 717-678-3842 08-14-2024
10:00 EDT
36C244
Department of Veterans Affairs
Network Contracting Office 4
1010 Delafield Road
Pittsburgh PA 15240
X
339114
750 Employees
N/A
X
36C542
Coatesville VA Medical Center
1400 Black Horse Hill Road
Coatesville PA 19320
36C244
Network Contracting Office 4
1010 Delafield Road
Pittsburgh PA 15240
Austin Payment Center
PO Box 149971
Austin TX 78714-9971
(877) 353-9791 (512) 460-5429
See CONTINUATION Page
Brand Name or Equal Solicitation for Dental Imaging Equipment
See Instructions to Offerors on page 23.
See Clause 52.211-6 Brand Name or Equal on page 29.
Fill out Clause 52.225-2 Buy American Certificate on page 30.
See Evaluation Factors and Offer Representation and
Certifications on page 32.
Fill out and sign the attached Rule of Behavior.
See CONTINUATION Page
X X
X 1
Robert Neal
Contracting Officer
36C24424Q0926
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 STATEMENT OF NEED (SON)
B.3 INFORMATION SECURITY
B.4 PRICE/COST SCHEDULE
ITEM INFORMATION
B.5 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.2 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024)
C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
C.5 VAAR 852.246-71 REJECTED GOODS (OCT 2018)
C.6 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)
C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 2024)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT
ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)
E.5 52.211-6 BRAND NAME OR EQUAL (AUG 1999)
E.6 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)
E.7 52.225-18 PLACE OF MANUFACTURE (AUG 2018)
E.8 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY
ACCESSIBILITY NOTICE (FEB 2023)
E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Robert Neal Contracting Officer
Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Road Pittsburgh PA 15240
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] 30 Days ARO
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.
https://www.tungsten-network.com/customer-campaigns/veteransaffairs/
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 STATEMENT OF NEED (SON)
1. Introduction:
The Coatesville VA Medical Center (CVAMC) requests six dental imaging units one 2D/3D and five wall-mount imaging systems for the newly constructed dental clinic. This contract is for the purchase, delivery, installation, and training of a dental imaging system for dental clinic operations located at 1400 Black Horse Hill Road, Coatesville PA, 19320.
2. General Requirements:
The contractor shall deliver the items to the (CVAMC). Before delivery, the Vendor shall contact the warehouse with the serial numbers and model number of the equipment:
3. This is a brand name or equal for the Axeos Complete model number 100008578 and HD
Plu Heliodent Wall Version X-Ray model number 6256221, and other options will be considered.
4 Salient Characteristics:
• Panoramic 2D/3D imaging system with a high image quality for practices with a wide-ranging treatment scope.
o Dedicated sensors, with lateral and symmetrical p.a. or a.p. and carpus images.
o Panoramic exposure time of P1 max. 14.2 s and P1 Quick shot max. 9.1 s.
o Must have a Ceph exposure time of Standard 9.4 s and Quick shot 4.7 s.
o Must contain a user interface with a New EasyPad and auto positioner for high image quality, easy duplicability, and comfort for patient and assistant.
o Must have a broad field of view consisting of an image volume of 5cm x
5.5cm to 17cm x 13cm.
o Intelligent Low Dose mode, 3D images in the dose range of a 2D X-ray.
o HD mode must have the ability to take 1,400 individual images captured during a single rotation and convert them into a 3D volume with up to 80 μm for low-noise, high-resolution images.
• 81" / 2040mm reach Wall Version XRAY- Wall-mounted intraoral x-ray unit to show different aspects of teeth, assisting to elevate intraoral care, and allowing for optimum functionality in every practice.
o Remote functionality, to operate the x-ray unit from outside of the treatment room via a remote control.
o Direct Current (DC) as its power supply.
o Voltage range of 120 - 240 V.
o Smart Design for stable positioning and consistent imaging with a focal spot of 0.4 mm and vibration-free components to support workflow.
o Tube voltage of 60 and 70 kV.
o Tube current of 7 mA.
o Minimum support arm length of Extra Long at 2040mm/80.31”.
• Install BioMed training:
o Installations of all x-ray units.
o Biomed Initial training will be onsite after the units are installed to include calibration and preventative maintenance overview (usually lasts between 1-2 hours).
o Comprehensive training can be either virtual or onsite.
▪ Training is more detailed which includes repair procedures and in-depth troubleshooting.
▪ User training during installation with 8 hours of end user training shall be provided.
• The devices and software shall be approved to be on the VA network. If there is currently no enterprise risk analysis (ERA) in place, the contractor must submit a completed VA Form 6550 for approval. If the equipment is not approved to be on the
VA network, then the equipment may not be purchased.
4. Installation and Training:
The contractor shall be responsible for the installation, performance verification, and validation of the equipment with Biomedical Engineering (CVAMC POC) and the point of contact assigned by Dental Service (VA POC) who will accept the equipment.
On-site assembly, installation of items, and performance of services identified in this document shall take place during normal business hours which are defined as 8:00 am to
4:30 pm, Monday through Friday, and excluding Federal Holidays.
The Government recognized US holidays: New Year's Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. If the holiday falls on Sunday, it is observed on Monday.
The contractor is required to define the need for staging to accommodate the item's assembly and installation if needed.
The contractor is required to provide tools, labor, and materials to complete the assembly and installation of the items detailed in this document.
The contractor shall protect all finished spaces and surfaces as required from delivery and installation from damage. The contractor shall use covering and protection to the extent necessary to prevent damage to finished spaces and equipment. Any damage occurred during delivery and installation is the responsibility of the contractor. The contractor will be responsible for paying for and repairing any damage or noted deficiencies to finished spaces, surfaces, or equipment that occur because of the contractor’s (or associated sub-contractors) installation.
During the entire duration of assembly and installation, the contractor will have a competent representative on-site as the contractor’s contact, and to serve as the interface between the contractor and CVAMC. The VA POC may provide specific instructions, however, only the
Contracting Officer may change the terms or conditions of the contract.
The contractor will provide an acquisition computer and work with BioMed to build a virtual server. The x-ray units must be able to communicate with VistA Imaging on the VA network.
5. Warranty and Support:
The contractor shall demonstrate to the Dental Service Staff and Biomedical Engineering
Service staff, that the system meets all requirements stated on this contract through demonstration and validation, and warranty on equipment will be effective this day.
6. Sign-in Procedures:
All Contractor workers are required to sign in and out at the VA Police Service as directed by the POC or designee. A valid state driver’s license or state identification card is mandatory for all employees to have access to these facilities.
7. ID Badges:
All workers are required to obtain a time-limited I.D. badge from the VA Police Service located in the basement of the Main Building. This badge shall be always worn when workers are on site.
(End of SON)
B.3 INFORMATION SECURITY
Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in the performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data-
General, FAR 52.227-14(d) (1).
If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under
Federal Acquisition Regulation (FAR) part 12.
The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.
To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.
(End of Information Security)
B.4 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1.00 UN _______________ __________________
Panoramic 2D/3D imaging system
LOCAL STOCK NUMBER:
5.00 UN __________________ __________________
81" / 2040mm reach Wall Version XRAY-
5.00 AY __________________ __________________
Labor:
1.00 AY __________________ __________________
Install BioMed training:
GRAND TOTAL __________________
B.5 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE
0001 SHIP TO: Coatesvilla VA Medical Center 1400 Black Horse Hill Road Coatesvilla, PA 19320
USA
1.00 TBD
FOB: DESTINATION
0002 SHIP TO: Same as CLIN 1
5.00
0003 SHIP TO: Same as CLIN 1
5.00 TBD
0004 SHIP TO: Same as CLIN 1
1.00 TBD
SECTION C - CONTRACT CLAUSES
FAR
Number
Title Date
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
NOV 2023
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 52.252-2 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
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
AUG 2020
52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE JUN 2003
C.2 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024)
(a) Definitions. As used in this clause—
Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2).
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (42 U.S.C. 6903).
Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:
(1) Statutory purchasing programs.
(i) Products containing recovered material designated by the U.S. Environmental Protection
Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https:// www.epa.gov/smm/comprehensiveprocurement-guideline-cpgprogram#products).
(ii) Energy- and water-efficient products that are ENERGY STAR® certified or Federal
Energy Management Program (FEMP)- designated products (42 U.S.C. 8259b) (10 CFR part
436, subpart C) (https:// www.energy.gov/eere/femp/search-energyefficient-products and https:// www.energystar.gov/products?s=mega).
(iii) Biobased products meeting the content requirement of the USDA under the
BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) (https://www.biopreferred.gov).
(iv) Acceptable chemicals, products, and manufacturing processes listed under EPA’s
Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42
U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap).
(2) Required EPA purchasing programs.
(i) WaterSense® labeled (water efficient) products and services (https://www.epa.gov/ watersense/watersense-products).
(ii) Safer Choice-certified products (products that contain safer chemical ingredients)
(https://www.epa.gov/ saferchoice/products).
(iii) Product and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023
(https://www.epa.gov/greenerproducts/recommendationsspecifications-standards-and-ecolabelsfederal-purchasing).
(b) Requirements.
(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.
(2) The Contractor shall ensure that the sustainable products and services required by this contract are—
(i) Delivered to the Government;
(ii) Furnished for use by the Government;
(iii) Incorporated into the construction of a public building or public work; and
(iv) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the
Contractor’s general and administrative expenses or indirect costs). This includes services https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpgprogram#products https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpgprogram#products https://www.energy.gov/eere/femp/search-energyefficient-products https://www.energystar.gov/products?s=mega https://www.energystar.gov/products?s=mega https://www.biopreferred.gov/ https://www.epa.gov/snap https://www.epa.gov/%20watersense/watersense-products https://www.epa.gov/%20watersense/watersense-products https://www.epa.gov/%20saferchoice/products https://www.epa.gov/greenerproducts/recommendationsspecifications-standards-and-ecolabelsfederal-purchasing https://www.epa.gov/greenerproducts/recommendationsspecifications-standards-and-ecolabelsfederal-purchasing performed by contractors performing management and operation of Government owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.
(3)(i) Except as provided in paragraph (b)(3)(ii) of this clause, sustainable products and services must meet the applicable standards, specifications, or other program requirements at time of quote or offer submission; and
(ii) Sustainable products and services must meet the EPA Recommendations of
Specifications, Standards, and Ecolabels in effect as of October 2023.
(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which purchasing programs apply to a specific product or service.
(End of Clause)
C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
The Contractor shall not make reference in its commercial advertising to Department of
Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.
(End of Clause)
C.4 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 https://sftool.gov/greenprocurement
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.5 VAAR 852.246-71 REJECTED GOODS (OCT 2018)
(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.
(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.
C.6 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)
Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.
(End of Clause)
(End of Addendum to 52.212-4)
C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 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).
(3) 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).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR
2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with
Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.
3509).
[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009.)
[X] (4) 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).
[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards
(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (6) [Reserved]
[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).
[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply
Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023)
(Pub. L. 115–390, title II).
[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.
(DEC 2023) (Pub. L. 115–390, title II).
[] (ii) Alternate I (DEC 2023) of 52.204–30.
[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(OCT 2018) (41 U.S.C. 2313).
[] (14) [Reserved]
[] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15
U.S.C. 657a).
[X] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (17) [Reserved]
[] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-6.
[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-7.
[] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).
[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (JUN 2020) of 52.219–9.
[] (v) Alternate IV (SEP 2023) of 52.219–9.
[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[] (ii) Alternate I (MAR 2020) of 52.219-13.
[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled
Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program
(FEB 2024) (15 U.S.C. 657f).
[X] (26) (i) 52.219–28, Post-Award Small Business Program Representation (FEB 2024) (15
U.S.C. 632(a)(2)).
[] (ii) Alternate I (MAR 2020) of 52.219–28.
[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15
U.S.C. 637(m)).
[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15
U.S.C. 644(r)).
[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[X] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024)
(E.O. 13126).
[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
[] (ii) Alternate I (FEB 1999) of 52.222-26.
[] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[] (ii) Alternate I (JUL 2014) of 52.222-35.
[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.
793).
[] (ii) Alternate I (JUL 2014) of 52.222-36.
[] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010) (E.O. 13496).
[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-
Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).
[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and
Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.).
[] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.).
[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.
8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).
[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (ii) Alternate I (JAN 2017) of 52.224-3.
[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).
[] (ii) Alternate I (OCT 2022) of 52.225-1.
[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023)
(19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19
U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-
302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[] (ii) Alternate I [Reserved].
[X] (iii) Alternate II (DEC 2022) of 52.225-3.
[] (iv) Alternate III (FEB 2024) of 52.225-3.
[] (v) Alternate IV (OCT 2022) of 52.225-3.
[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
[] (52) 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).
[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.
5150).
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV
2007) (42 U.S.C. 5150).
[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving
(MAY 2024) (E.O. 13513)
[X] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).
[] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and
Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services
(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management
(OCT 2018) (31 U.S.C. 3332).
[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award
Management (JUL 2013) (31 U.S.C. 3332).
[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.
637(d)(13)).
[] (64)(i) 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).
[] (ii) Alternate I (APR 2003) of 52.247-64.
[] (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price
Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price
Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY
2014) (41 U.S.C. chapter 67).
[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
(JAN 2022).
[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42
U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the
Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.
3509).
(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 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).
(v) 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).
(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of
Division R of Pub. L. 117–328).
(vii) (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.
(viii) 52.219–8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and
(3)), in all subcontracts that offer 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.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
(xi) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xiii) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause
52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xvi)(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).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY
2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN
2022).
(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 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).
(xxiv) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020)
(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-
6.
(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR
2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph
(c) of 52.232–40.
(xxvi) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR
ATTACHMENTS
See attached document: Rules of Behavior Appendix D.
SECTION E - SOLICITATION PROVISIONS
Number
Title Date
52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
SEP 2023
E.1 52.212-1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO
OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:
A. INSTRUCTION TO OFFERORS
1. Quotes shall be submitted via email to the Contracting POC listed on page 1 of the Standard Form 1449 in Block 7a. Include the Request for Quote number in the subject line of the email. All quotes shall be submitted on or before the offer due date shown on page 1 of the Standard Form 1449 in Block 8.
2. Prospective Vendors are warned against contacting any medical center personnel outside the Procurement Department before the award of a Contract resulting from this solicitation. If such contact occurs and is found to be prejudicial to competing Vendors, the Vendor making such contact may be excluded from award consideration.
B. EVALUATION
1. Comparative evaluation: The Government will conduct a comparative evaluation of all offers received in response to this solicitation. The evaluation will be based on the criteria outlined below. The Government will evaluate all proposals for technical acceptability and award the contract to the offer that provides the highest technical acceptability and represents the best value for the Government.
2. Measurements: The Government will evaluate the specific measurements of the proposed items.
3. Special Features. 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.
4. Delivery. The Government will evaluate the delivery schedule to ensure timely delivery.
5. Price. The Government will evaluate the price by adding the total of all line-item prices. The Total Evaluated Price will be that sum.
C. To be deemed responsive and be considered for award, an offeror’s quote shall include, but is not limited to:
1. This is a Brand Name or Equal solicitation. All options will be considered.
2. An Authorization Letter from the Original Equipment Manufacturer (OEM) of the brand offerors is provided if the offeror is not the OEM in accordance with VAAR
852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023).
3. Standard Form 1449 (page 1), Solicitation/Contract/Order for Commercial Items, with blocks 12, 17, 30a, 30b, and 30c completed by the offeror.
4. Standard Form 1449 (page 2), Complete Contractor POC Information and
Acknowledge Amendments, if applicable.
5. Standard Form 1449 Section B.2 Price/Cost Schedule is required to be complete.
6. Standard Form 1449 continuation pages, Clauses, and Provisions completed, if applicable.
a. FAR Clause 52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003). Provide manufacturer’s warranty information for each Contract Line-item number (CLINs) for all provided equipment and services so that the manufacturer’s warranty can be put in place. The contractor will be responsible for providing continuity of all warranties and will ensure the transfer of all warranties to VA is completed. The customer is good with the standard warranty.
7. Offeror’s Representations and Certifications per FAR Provision 52.212-3, as applicable, to include but not limited to:
a. Paragraph (f) Buy American Certificate
b. Paragraph (j) Place of Manufacture
8. To be deemed responsive and be considered for award, an offeror must quote all items identified in the solicitation and corresponding Statement of Need. Quotes that fail to quote all items will be deemed ineligible for award.
9. In accordance with FAR 52.204-7 System for Award Management, an Offeror is required to be registered in System for Award Management (SAM) when submitting an offer or quotation and shall continue to be registered until the time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov/ for registration information.
10. The Government intends to award a one-time Firm Fixed Price contract as a result of this solicitation.
(End of Provision)
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Provision)
Number
Title Date
52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE
REPORTING
AUG 2020
52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE
AND REPRESENTATION
JUN 2020
E.3 52.204-24 REPRESENTATION REGARDING CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (NOV 2021)
The Offeror shall not complete the…
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