RFP-797-652F-05-0001-R6_0009_DEI_2026-06-24_652F.docx
DOCX document 37 KB Posted
- Solicitation number
- RFP797652F050001R6
About this file
This is Amendment 0009 to a Department of Veterans Affairs solicitation for 65IIF Patient Mobility Devices (RFP-797-652F-05-0001-R6), issued by the National Acquisition Center at Hines, Illinois. The amendment incorporates two FAR clauses effective as of the amendment date: FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors (April 2026 Deviation) and FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (October 2025 with April 2026 Deviation). The DEI clause prohibits contractors and subcontractors from engaging in racially discriminatory diversity, equity, and inclusion activities, including disparate treatment based on race or ethnicity in recruitment, employment, contracting, program participation, or resource allocation. Contractors must report noncompliance by subcontractors to the Contracting Officer and include this clause substance in all subcontracts at any tier, except those with performance outside the United States.
The Subcontracts for Commercial Products and Commercial Services clause requires contractors to incorporate commercial products, services, or nondevelopmental items as components to the maximum extent practicable and mandates flow-down of specified FAR clauses to subcontractors, including provisions addressing ethics, whistleblower rights, labor standards, trafficking in persons, employment eligibility, paid sick leave, privacy training, and security prohibitions. The amendment specifies that contractors and subcontractors must include these clause requirements in all lower-tier subcontracts awarded under the contract. All other terms and conditions of the original solicitation dated March 27, 2018, remain in full force and effect.
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
| 1. CONTRACT ID CODE |
| PAGES OF PAGES |
2. AMENDMENT/MODIFICATION NO.
3. EFFECTIVE DATE
| 4. REQUISITION/PURCHASE REQ. NO. |
| 5. PROJECT NO. (If applicable) |
6. ISSUED BY:
Department of Veterans Affairs CODE: 003B6B OPAL / National Acquisition Center 1st Avenue, One Block North of Cermak, Bldg. 37 Hines, IL 60141
7. ADMINISTERED BY (If other than Item 6) Department of Veterans Affairs CODE: 003B6B
| National Acquisition Center |
| P.O. Box 76, Bldg. 37 |
| Hines, IL 60141 |
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) To all Offerors
| (X) |
| 9A. AMENDMENT OF SOLICITATION NUMBER |
797-652F-05-0001-R6
| |_| |
| 9B. DATED (SEE ITEM 11) |
03/27/2018
| |_| |
| 10A. MODIFICATION OF CONTRACT/ORDER NUMBER |
10B. DATED (SEE ITEM 13)
| CODE |
| FACILITY CODE |
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
|_|The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers |_| is extended |_| is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor |_| is not, |_| is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
Schedule – Update and Incorporation of Clauses & Provision This amendment is issued to incorporate FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026)(Deviation) and FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (OCT 2025)(Deviation APR 2026) into the contract referenced at Block 10A. Please see pages 2 through 5 for the full text versions of the clauses.
Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
15B. CONTRACTOR/OFFEROR
_______________________________________________ (Signature of person authorized to sign)
15C. DATE SIGNED
16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
16C. DATE SIGNED
EXCEPTION TO SF30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (APR 2026) (DEVIATION)
(a) Definitions. As used in this clause—
Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor. Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(End of clause)
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION APR 2026)
(a) Definitions. As used in this clause— Commercial product, commercial service and nondevelopmental item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101.
Subcontract has the meaning at FAR 44.401
(b) Requirements.
(1) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial products, commercial services, or non-developmental items as components of items to be supplied under this contract.
(2) If a clause in the following table is included in the contract, the Contractor shall insert the clause in subcontracts for commercial products or commercial services and must flow down the requirements of the clause to subcontracts as indicated in the specific clause:
| Number |
| Title |
| Date |
| 52.203-13 |
| Contractor Code of Business Ethics and Conduct |
| NOV 2021 |
| 52.203-17 |
| Contractor Employee Whistleblower Rights |
| NOV 2023 |
| 52.203-19 |
| Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements |
| JAN 2017 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| JAN 2011 |
| 52.219-8 * |
| Utilization of Small Business Concerns |
| JAN 2025 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| JUN 2020 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUN 2020 |
| 52.222-37 |
| Employment Reports on Veterans |
| JUN 2020 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.222-41 |
| Service Contract Labor Standards |
| AUG 2018 |
| 52.222-50 |
| Combating Trafficking in Persons |
| NOV 2021 |
| 52.222-50 with Alt I |
| Combating Trafficking in Persons, with its Alternate I |
| MAR 2015 |
| 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 |
| 52.222-53 |
| Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements |
| MAY 2014 |
| 52.222-54 |
| Employment Eligibility Verification |
| JAN 2025 |
| 52.222-62 |
| Paid Sick Leave Under Executive Order 13706 |
| JAN 2022 |
| 52.222-90 |
| Addressing DEI Discrimination by Federal Contractors |
| APR 2026 |
| 52.224-3 |
| Privacy Training |
| JAN 2017 |
| 52.224-3 with Alt I |
| Privacy Training, with Alternate I |
| JAN 2017 |
| 52.225-26 |
| Contractors Performing Private Security Functions Outside the United States |
| OCT 2016 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| MAR 2023 |
| 52.240-91 |
| Security Prohibitions and Exclusions |
| APR 2026 |
| 52.240-91 with Alt I |
| Security Prohibitions and Exclusions, with its Alternate I |
| APR 2026 |
| 52.240-92 |
| Security Requirements |
| APR 2026 |
| 52.240-92 with Alt II |
| Security Requirements, with its Alternate II |
| APR 2026 |
| 52.247-64 |
| Preference for Privately Owned U.S.-Flag Commercial Vessels |
| NOV 2021 |
* Include only if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.109(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(c) Subcontracts. The Contractor shall include the terms of this clause, including this paragraph (c), in subcontracts awarded under this contract.
(End of clause)
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