RFQ - 36C25623Q1327.pdf

36C25623Q1327

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.3 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.5 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 20

C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.9 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.214-21 DESCRIPTIVE LITERATURE (APR 2002)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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: Company Name:

ATTN/POC Name:

Address:

Phone:

Email:

UEI:

Tax ID:

GSA/FSS, NAC, SEWP Contract# (if applicable):

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

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

3. INVOICES: Invoices shall be submitted in arrears:

a. Other [X] UPON DELIVERY AND ACCEPTANCE BY THE GOVERNMENT

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.

5. Offeror shall complete the following located in Sections A thru E of this solicitation to be deemed eligible:

a. Section A- CONTRACT ADMINISTRATION DATA, CONTRACTOR contact information.

b. Section B- PRICE/COST SCHEDULE, unit price, amount, and grand total

c. Section C- 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

d. Section E- 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

e. Section E- 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS

f. Section E- 52.214-21 DESCRIPTIVE LITERATURE (FOR OR EQUAL PRODUCTS)

g. Submission of manufacturer’s authorized distributor letter, cut sheets, and specifications.

6. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

150.00 EA __________________ __________________

Stk #MIR5HD, #5 HD CS MIRROR SS, (1 EA) - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 75 KITS,

MARK FOR: RESTORATIVE

MANUFACTURER PART NUMBER (MPN): MIR5HD

Stk #MH6, CONE SOCKET MIRROR HANDLE, SATIN STEEL -

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

CREATE 75 KITS, MARK FOR: RESTORATIVE

MANUFACTURER PART NUMBER (MPN): MH6

Stk #DPU17, DREEING PLIERS, UTILITY PICK-UP - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

75 KITS, MARK FOR: RESTORATIVE

MANUFACTURER PART NUMBER (MPN): DPU17

75.00 EA __________________ __________________

Stk #PCPUNC126, CC SE UNC PROBE, 1-12 SATIN STEEL-

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

MANUFACTURER PART NUMBER (MPN): PCPUNC126

Stk #EXD56, #5 DE EXPLORER, SATIN STEEL - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 75 KITS,

MANUFACTURER PART NUMBER (MPN): EXD56

Stk #EXC196, #19 DE EXCAVATOR, SATIN STEEL - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): EXC196

Stk #EXC176, #17 DE EXCAVATOR, SATIN STEEL - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): EXC176

Stk #CIGFT26, #2 GOLDSTEIN FLEXI-THIN COMPOS INST 6 -

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

MANUFACTURER PART NUMBER (MPN): CIGFT26

Stk #GCPYD1, #1 YARDLEY GINGIVAL CORD PACKER - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): GCPYD1

Stk #GCP1136, #113 SERRGINGIVAL CORD PACKER, SS - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): GCP1136

Stk #BB21B6, #21B DE CONE BURNISHER, SATIN STEEL -

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

MANUFACTURER PART NUMBER (MPN): BB21B6

Stk #CD3/66, #3/6 DE CLEOID-DISCORD CARVER SS - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): CD3/66

Stk #CVHL1/26, #1/2 HOLLENBACK DE CARVER, SATIN STEEL -

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

MANUFACTURER PART NUMBER (MPN): CVHL1/26

Stk #CVHL3S6, #3S HOLLENBACK DE CARVER, SATIN STEEL -

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

MANUFACTURER PART NUMBER (MPN): CVHL3S6

Stk #SU15/339E2, #U15/33 DE SCALER, EE2 #9 HANDLE - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): SU15/339E2

Stk #S107/1086, #107/108 CATTONI SCALER, SATIN STEEL -

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

MANUFACTURER PART NUMBER (MPN): S107/1086

Stk #S18, #18 IRIS SCISSORS, CURVED - NOTE: PLEASE PLACE

INSTRUMENTS INTO CASSETTES TO CREATE 75 KITS, MARK

FOR: RESTORATIVE

MANUFACTURER PART NUMBER (MPN): S18

Stk #SCGS, CROWN & GOLD SCISSORS, STRAIGHT - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): SCGS

Stk #H2, #2 KELLY HEMOSTAT-CURVED - NOTE: PLEASE PLACE

INSTRUMENTS INTO CASSETTES TO CREATE 75 KITS, MARK

FOR: RESTORATIVE

MANUFACTURER PART NUMBER (MPN): H2

Stk #APF2, ARTICULATING PAPER FORCEPS - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 75 KITS,

MANUFACTURER PART NUMBER (MPN): APF2

Stk #SYRCW, SYRINGE ANESTHETIC ASPIR CW STYLE 1.8 ML -

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

MANUFACTURER PART NUMBER (MPN): SYRCW

Stk #BB27/296, #27/29 DE BURNISHER, SATIN STEEL - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): BB27/296

Stk #PLGA1/2, #1/2 ANDREWS DE PLUGGER - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 75 KITS,

MANUFACTURER PART NUMBER (MPN): PLGA1/2

Stk #PLGH26, #2 HOLLENBACK PLUGGER, SATIN STEEL -

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

MANUFACTURER PART NUMBER (MPN): PLGH26

Stk #CS246, #24 CEMENT SPATULA SATIN STEEL HDL - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): CS246

Stk #SP60616, 313 MINI SPATULA/PICH, SATIN STEEL - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): SP60616

Stk #MP48, MARKEL MOUTH PROP SM. (CHILD) PAIR - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): MP48

Stk #CLP1, IWANSON SPRING CALIPER METAL - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 75 KITS,

MANUFACTURER PART NUMBER (MPN): CLP1

Stk #IMOS228CAN, ORAL SURGERY, 22 INST, BLUE, C6,2AW,NH

- NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

MANUFACTURER PART NUMBER (MPN): IMOS228CAN

50.00 EA __________________ __________________

Stk #IMOS0E2C6L, MTO 20INS OS SIG CASS

RED,E2,10RG,6LP,CP - NOTE: PLEASE PLACE INSTRUMENTS

INTO CASSETTES TO CREATE 50 KITS MARK FOR: BASIC

EXTRACTION

MANUFACTURER PART NUMBER (MPN): IMOS0E2C6L

Stk #E34S, #34S SELDIN STR. ELEVATOR - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS

MARK FOR: BASIC EXTRACTION

MANUFACTURER PART NUMBER (MPN): E34S

Stk #E301, #301 APEXO ELEVATOR - NOTE: PLEASE PLACE

INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS MARK

FOR: BASIC EXTRACTION

MANUFACTURER PART NUMBER (MPN): E301

Stk #RBL, 30 STD BLUMENTHAL RONGEURS - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS

MANUFACTURER PART NUMBER (MPN): RBL

Stk #MP54, MARKEL MOUTH PROP (ADULT PAIR) - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

50 KITS MARK FOR: BASIC EXTRACTION

MANUFACTURER PART NUMBER (MPN): MP54

Stk #MP48, MARKEL MOUTH PROP SM. (CHILD) PAIR - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): MP48

Stk #SYRCW, SYRINGE ANESTHETIC ASPIR CW STYLE 1.8 ML -

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

CREATE 50 KITS MARK FOR: BASIC EXTRACTION

MANUFACTURER PART NUMBER (MPN): SYRCW

Stk #S1, #1 KELLY SCISSORS, CURVED - NOTE: PLEASE PLACE

INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS MARK

MANUFACTURER PART NUMBER (MPN): S1

Stk #NH5038, CRILE-WOOD PERMA SHARP NEEDLE HOLDER -

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

MANUFACTURER PART NUMBER (MPN): NH5038

Stk #CM2/4, #2/4 MOLT DE CURETTE - NOTE: PLEASE PLACE

INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS MARK

MANUFACTURER PART NUMBER (MPN): CM2/4

Stk #BF526, 52 MILLER BONE FILE - NOTE: PLEASE PLACE

INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS MARK

MANUFACTURER PART NUMBER (MPN): BF526

Stk #CM106, #10 MILLER SURGICAL CURETTE SATIN STEEL -

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

MANUFACTURER PART NUMBER (MPN): CM106

Stk #EHB13/146, 13/14 HEIDBRINK DE ROOT TIP PICK - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): EHB13/146

Stk #P96, 9 MOLT PERIOSTEAL ELEVATOR - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS

MANUFACTURER PART NUMBER (MPN): P96

Stk #MIR5HD12, #5 HD CS MIRROR SS, DOZEN - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS

MANUFACTURER PART NUMBER (MPN): MIR5HD12

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

Stk #P23, #23 SELDIN PERIOSTEAL RETRACTOR - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): P23

Stk #10-130-03, #3 SCALPEL HANDLE - NOTE: PLEASE PLACE

INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS MARK

MANUFACTURER PART NUMBER (MPN): 10-130-03

INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS MARK

Stk #CRM, RETRACTOR U OF MINNESOTA - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS

MANUFACTURER PART NUMBER (MPN): CRM

Stk #PFIWDS16, #1 WOODSON PLASTIC FILLING INST, SS -

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

MANUFACTURER PART NUMBER (MPN): PFIWDS16

Stk #LS8R, STANDARD LAB SPATULA-RIGID - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS

MANUFACTURER PART NUMBER (MPN): LS8R

Stk #TP42, #42 ADSON 1x2 TISSUE PLIERS - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS

MANUFACTURER PART NUMBER (MPN): TP42

Stk #TC3, BACKHAUS TOWEL CLAMP-3 1/4IN - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS

MANUFACTURER PART NUMBER (MPN): TC3

Stk #MIR5, #5 FS CS MIRROR, SINGLE SIDED, SINGLE - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

150 KITS, MARK FOR: EXAM

MANUFACTURER PART NUMBER (MPN): MIR5

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

CREATE 150 KITS, MARK FOR: EXAM

Stk #PCPUNC126, CC SE UNC PROBE, 1-12 SATIN STEEL-

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

CREATE 150 KITS, MARK FOR: EXAM

MANUFACTURER PART NUMBER (MPN): PCPUNC126

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 150 KITS,

MARK FOR: EXAM

Stk #DP18, #18 DRESSING PLIERS - NOTE: PLEASE PLACE

INSTRUMENTS INTO CASSETTES TO CREATE 150 KITS, MARK

FOR: EXAM

MANUFACTURER PART NUMBER (MPN): DP18

INSTRUMENTS INTO CASSETTES TO CREATE 150 KITS, MARK

FOR: EXAM

Stk #IM6057, 5 INSTR SIG CASSETTE, BLACK - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 150 KITS,

MARK FOR: EXAM

MANUFACTURER PART NUMBER (MPN): IM6057

Stk #IM4163C4, 8X11 CUSTOM CASS, ORANGE, 4 CLIPS - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

50 KITS, MARK FOR: PROS

MANUFACTURER PART NUMBER (MPN): IM4163C4

100.00 EA __________________ __________________

Stk #MIR5DSHD, #5 HD CS MIRROR DS, 1 EACH - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): MIR5DSHD

100.00 EA __________________ __________________

NOTE: PLEASE PLACE INSTRUMENTS INTO CASSETTES TO

CREATE 50 KITS, MARK FOR: PROS

Stk #678-302, THREE JAW PLIERS - NOTE: PLEASE PLACE

INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS, MARK

FOR: PROS

MANUFACTURER PART NUMBER (MPN): 678-302

INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS, MARK

INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS, MARK

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS,

MARK FOR: PROS

Stk #DPU17, DREEING PLIERS, UTILITY PICK-UP - NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): DPU17

Stk #DP18L, #18L DRESSING PLIERS (LOCKING)- NOTE:

PLEASE PLACE INSTRUMENTS INTO CASSETTES TO CREATE

MANUFACTURER PART NUMBER (MPN): DP18L

Stk #APF2, ARTICULATING PAPER FORCEPS - NOTE: PLEASE

PLACE INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS,

MARK FOR: PROS

MANUFACTURER PART NUMBER (MPN): APF2

Stk #WS7, #7 DE WAX SPATULA - NOTE: PLEASE PLACE

INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS, MARK

MANUFACTURER PART NUMBER (MPN): WS7

Stk #SPT31, WAX #31 SPATULA DE - NOTE: PLEASE PLACE

INSTRUMENTS INTO CASSETTES TO CREATE 50 KITS, MARK

MANUFACTURER PART NUMBER (MPN): SPT31

Stk #BG, BOLEY GAUGE - NOTE: PLEASE PLACE INSTRUMENTS

INTO CASSETTES TO CREATE 50 KITS, MARK FOR: PROS

MANUFACTURER PART NUMBER (MPN): BG

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 -

All TBD

B.4 STATEMENT OF WORK

HuFriedy Group Instruments & Cassettes

I. EQUIPMENT IDENTIFICATION

NAME/DESCRIPTION OF EQUIPMENT: HuFriedy Group Instruments

MANUFACTURER: HuFriedy Group

MODELS: RESTORATIVE & REMOVEABLE + BASIC EXTRACTION Set

LOCATION:

Michael E. DeBakey VA Medical Center Warehouse Bldg. 100 2002 Holcombe Boulevard Houston, TX 77030 POC: Dante Ricks or Andrea Ware

II. GENERAL REQUIREMENT

HuFriedy Group Instruments includes restorative, removable, and basic extraction instrument sets. Product can be brand name or equivalent. Access to the VA network is not required.

End of Scope of Work

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 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/

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

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

DEC 2022

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

MAR 2023

52.217-6 OPTION FOR INCREASED QUANTITY MAR 1989

52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY

PRICED LINE ITEM

MAR 1989

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

(End of Clause)

MAR 2023

C.2 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.

C.3 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in SBA’s Vendor Information Pages (VETCERTS) database at Veteran Small Business Certification (sba.gov); and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VETCERTS listed SDVOSB, unless otherwise stated in this clause.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VETCERTS database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VETCERTS-listed SDVOSBs. Offers received from entities that are not VETCERTS-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VETCERTS-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VETCERTS-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VETCERTS-listed SDVOSB.

For the purpose of limitations on subcontracting, only VETCERTS-listed SDVOSBs (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VETCERTS-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VETCERTS-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VETCERTS-listed SDVOSBs.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VETCERTS-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VETCERTS to count as similarly situated. Any work that a first tier VETCERTS-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VETCERTS and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VETCERTS-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause)

C.5 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VETCERTS-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated VETCERTS-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).] b If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following: (i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and (iii) Prosecution for violating section 1001 of title 18. (b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________

Printed Title of Signee: _____________

Signature: ____________

Date: ______________

Company Name and Address: _______________

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.8 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.

(End of Clause)

C.9 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

Department of Veterans Affairs Michael E. DeBakey VA Medical Center Receiving Warehouse Building 100 2002 Holcombe BLVD Houston TX 77030-4298

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

Intentionally left blank

SECTION E - SOLICITATION PROVISIONS

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:

E.1 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/

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.211-6 BRAND NAME OR EQUAL AUG 1999

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

(End of Provision)

MAR 2023

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

E.3 52.214-21 DESCRIPTIVE LITERATURE (APR 2002)

(a) Descriptive literature, as used in this provision, means information furnished by a bidder, such as cuts, illustrations, drawings, and brochures, that shows a product's characteristics or construction or explains its operation. The term includes only that information required to evaluate the acceptability of the product and excludes other information for operating or maintaining the product.

(b) Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as—

(1) Design;

(2) Materials;

(3) Components;

(4) Performance characteristics; and

(5) Methods of manufacture, assembly, construction, or operation.

(c) Descriptive literature, required elsewhere in this solicitation, shall be—

(1) Identified to show the item(s) of the offer to which it applies; and

(2) Received by the time specified in this solicitation.

(d) If the bidder fails to submit descriptive literature on time, the Government will reject the bid, except that late descriptive literature sent by mail may be considered under the Late Submissions, Modifications, and Withdrawals of Bids provision of this solicitation.

(e) If the descriptive literature fails to show that the product offered conforms to the requirements of the solicitation, the Government will reject the bid.

(End of Provision)

(End of Addendum to 52.212-1)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

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

Lowest Priced Technically Acceptable (LPTA).

(i) The Government will award a contract resulting from this on the basis of the Lowest Priced Technically Acceptable (LPTA) responsible vendor whose quote, conforming to the solicitation, meets or exceeds the acceptable standards for non-cost factors. All quoters must have a current registration in the System for Award Management, U.S. Small Business Administration (SBA) Veteran Small Business Certification (VetCert), completed certification/fill in/ sign at VAAR 852.219-76, required authorized distributor letter (if not the original equipment manufacturer (OEM)), and meet all specifications outlined in the SOW to be considered responsive. Since this solicitation is Lowest Price Technically Acceptable (LPTA), the evaluation board will begin by reviewing the lowest priced quote. If the board determines that this quote is technically acceptable, no other quotes will be reviewed. This quote will have been deemed technically acceptable with the lowest price, so for this reason the award will be made based on FAR guidance.

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

(End of Provision)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.