RFQ 36C25624Q1388 Ivoclar KB.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information:

Document Type:

Solicitation Number:

Posted Date:

Questions Due Date/Time:

Response Due Date/Time:

Product or Service Code:

Set Aside:

NAICS Code:

Size Standard Point of Contact:

Combined Solicitation/Synopsis 36C25624Q1388 September 12, 2024 September 17, 2024/12:00pm (CST) September 19, 2024/1:00pm (CST)

SDVOSB

339114 750 Employees Kolbi Barton – Email:kolbi.barton@va.gov

Contracting Office Address

Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Rd., Ste 750 Houston, TX 77056

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” in conjunction with FAR Part 13.5 for Certain Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular:

2024-05, 05-22-2024. This competitive solicitation is being issued as SDVOSB set aside.

The associated North American Industrial Classification System (NAICS) code for this procurement is 339114, with a size standard of 750 employees.

The FSC/PSC is 6520 mailto:kolbi.barton@va.gov

Contractor is required to be actively in the System for Award Management (SAM). Contractor quote may be considered non-compliant and rejected if the Contracting Officer is unable to verify active registration status. The Department of Veterans Affairs (VA), Michael E. DeBakey VA Medical Center (MEDVAMC), is requesting to purchase Ivoclar Stratos Articulators and parts. This RFQ is set-aside exclusively for SDVOSB.

See B.2 Price/Cost Schedule and B.4 Statement of Work (SOW) for details regarding the Government’s requirement.

See E.1 52.212-1-Instructions to offerors for deliverables.

(Left Blank Intentionally)

36C25624Q1388

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: POC Name:

Address:

Phone:

Email:

UEI Number:

Tax ID Number:

b. GOVERNMENT: Kolbi Barton, Contract Specialist 36C256 Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 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, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon receipt 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.

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 DESCRIPTION OF

NUMBER SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5.00 EA

Bennett screw 2 pcs. (SP) POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 751632

0002 5.00 EA

GI-knurled screw 2 pcs. (SP) POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 751619

0003 10.00 EA

INCLINE SUPPORT, CPL

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 556104

0004 3.00 EA

CALLIBRATION LIQUID

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 595174

0005 5.00 EA

Protrusion screw 2 pcs. (SP) POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 751628

0006 5.00 EA

Bennett 30° 2 pcs. (SP) POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 751630

0007 5.00 EA

Condylar path (SP) POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 751613

0008 5.00 EA

Centric rubber band refill 10 pcs POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 583672

0009 10.00 EA

Incisal rod (SP) POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 751625

0010 15.00 EA

Magnetic Mounting Bases Up/Lwr POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: NA2262089

0011 10.00 EA

3D-registration joint POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 594566

0012 6.00 EA

Registration Joint Holder CE Cpl.

POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 536401

0013 10.00 EA

Gnathometer M with UTS Adapter POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 530484BN

0014 2.00 EA

Calibration Tool POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: NA2262065

0015 10.00 EA

3D Bite fork S pack of 5 POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 601119

0016 10.00 EA

Plane Indicator POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 168312

0017 10.00 EA

Stratos Magnetic Flat Setup Table POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 614017

0018 3.00 EA

Universal Transfer Bow System 3D POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 593710

0019 12.00 EA

Stratos 300 Callibrated POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 762110

Freight costs

1.00 EA

GRAND TOTAL

B.3 DELIVERY SCHEDULE

See Section B.2 for Delivery Schedule

B.4 STATEMENT OF WORK (SOW)

STATEMENT OF WORK

Dentsply Sirona - Ivoclar

I. EQUIPMENT IDENTIFICATION

NAME/DESCRIPTION OF EQUIPMENT: Ivoclar Stratos articulators and parts

MANUFACTURER: Ivoclar

MODELS:

751632 - Bennett screw 2 pcs. (SP) QTY = 5

751619 - GI-knurled screw 2 pcs. (SP) QTY = 5

556104 - incline support, cpl. QTY = 10

595174 - Calibration Liquid QTY = 3

751628 - Protrusion screw 2 pcs. (SP) QTY = 5

751630 - Bennett 30° 2 pcs. (SP) QTY = 5

751613 - Condylar path (SP) QTY = 5

583672 - Centric rubber band refill 10 pcs QTY = 5

751625 - Incisal rod (SP) QTY = 10

NA2262089 - Magnetic Mounting Bases Up/Lwr QTY = 15

594566 - 3D-registration joint QTY = 10

536401 - Registration Joint Holder CE Cpl. QTY = 6

530484BN - Gnathometer M with UTS Adapter QTY = 10

NA2262065 - Calibration Tool QTY = 2

601119 - 3D Bite fork S pack of 5 QTY = 10

168312 - Plane Indicator QTY = 10

614017 - Stratos Magnetic Flat Setup Table QTY = 10

593710 - Universal Transfer Bow System 3D QTY = 3

762110 - Stratos 300 Calibrated = 12

SERIAL NUMBERS: N/A

LOCATION:

Michael E. DeBakey VA Medical Center Dental Service Line (160) 2nd Floor – 2A-303 2002 Holcombe Boulevard Houston, TX 77030 POC: Dante Ricks or Andrea Ware

II. GENERAL REQUIREMENT

Contractor shall deliver Ivoclar Stratos articulators and parts to the Michael E. DeBakey VA Medical Center (MEDVAMC) Dental Service Line, 2002 Holcombe Blvd, Houston, Texas 77030. VA network is not needed. Services other than delivery are not needed.

(End of Clause)

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

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

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---COMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS---

MAR 2023

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.237-3 CONTINUITY OF SERVICES JAN 1991

852.201-70 REPRESENTATIVES OF CONTRACTING OFFICERS DEC 2022

(End of Addendum to 52.212-4)

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 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV

2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per Line Items. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

(End of Clause)

C.4 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.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(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 certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(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)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database 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 certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By https://veterans.certify.sba.gov/ submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple award 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 (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (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 LOS 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 certified SDVOSBs listed in the SBA certification database (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 certified SDVOSBs listed in the SBA certification database. 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 CFR 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 certified SDVOSBs listed in the SBA certification database.

(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 certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier 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:

[X] 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 complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. 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 Veteran Small Business Certification Program 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.6 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION) {Completed by Offeror}

(a) Pursuant to 38 U.S.C. 8127(l)(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 certified SDVOSBs listed in the SBA certification database as set forth in 852.219– 73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB 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).]

[ ] 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 18 U.S.C. 1001.

(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.7 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.

C.8 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.9 VAAR 852.242-71 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 Section C)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

N/A

(End of Section D)

SECTION E - SOLICITATION PROVISIONS

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):

(End of Provision)

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.214-21 DESCRIPTIVE LITERATURE APR 2002

52.299-11 TAX ON CERTAIN FOREIGN PROCUREMENTS----NOTICE

AND REPRESENTATION

JUN 2020

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:

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:

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED IN THE

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS PRIOR

TO THE TIME SPECIFIED. FAILURE TO FOLLOW INSTRUCTIONS PROVIDED IN THIS

COMBINED SYNOPSIS/SOLICITATION MAY PRECLUDE THE OFFEROR FROM FURTHER

CONSIDERATION OR ELIGIBILITY FOR CONTRACT AWARD WITH THE GOVERNMENT.

INSTRUCTIONS TO OFFERORS:

1. System for Award Management (SAM): Prospective awardees are required to be registered in SAM. Offerors are encouraged to go to the SAM database at www.sam.gov and start the registration process as soon as possible to avoid possible delays should the contractor be selected as a prospective awardee. If already register in SAM, contractor must have an active valid SAM registration. Effective October 26, 2018, per FAR Subpart 4.1102 (a), Offerors and quoters are required to be registered in SAM at time an offer or quotation is submitted in order to comply with the annual representations and certifications requirement.

Note: If Offeror submits quote to the Government without a valid SAM registration, contractor shall be ineligible for contract award.

2. Technical Questions: All questions must be received in writing. No phone inquiries will be accepted. Government reserves the discretion not to respond to any inquiries submitted after the September 18, 2024, at 12 noon CST. All inquiries about this solicitation must be sent to the Contracting Officer email at kolbi.barton@va.gov. All responses to questions will be incorporated into a written amendment to this solicitation.

3. Period of Acceptance of Offers: The Offeror agrees to hold prices in its offer firm for a period of thirty (30) calendar days from the date specified for the receipt of offers.

4. Electronic Quotes: Offerors shall submit their scanned documents electronically via email to kolbi.barton@va.gov. Faxed quotes will NOT be accepted. All submitted documents must be legible. It is the contractor’s responsibility to ensure all electronic documents have good resolution to be legible. All documents must be submitted and in the Government’s control by the due date and time set forth in page 1of this solicitation. The Government email can only receive documents up to 5 megabytes (MB). If the file size exceeds 5 MB, contractor may consider breaking the documents into separate documents for smaller size and send them as separate files. It is contractor’s responsibility to ensure all documents are in the Government’s control by the set forth due date and time.

5. Instructions for offer preparation and submission:

Offerors shall complete Section B.2 PRICE COST/SCHEDULE on section B.2. All offers shall conform to the solicitation provisions and be prepared in accordance with this section. Offers shall be clearly and concisely written as well as neat, indexed (cross indexed as appropriate) and be logically assembled. All pages shall be appropriately numbered, and the font chosen should be easily readable.

(6) Offeror’s business size certification and status will be verified in the System for Award Management (SAM), Small Business Administration (SBA), and Vendor Information Pages (VetBiz) portal with Data Universal Number (DUNS). Offer shall ensure the company data is able to be viewed publicly in all systems. Quotes shall be considered non-responsive if Contracting Officer is not able to verify offeror’s data in SAM’s, SBA, and VetBiz per VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business (SDVOSB) set aside.

Failure to provide any of the above stated documentation shall result in the Offer not being eligible for an award.

http://www.sam.gov/

See additional detail under Section E.4 Evaluation-Commercial Items (Addendum).

(End of Addendum to FAR 52.212-1 Instructions to Offerors-Commercial Items)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) {Completed by Offeror}

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 https://www.sam.gov/ 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 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five…