RFQ_36C26126Q1108_8.20.26_.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C261-26-AP-4581

640-26-3-394-0144

36C26126Q1108 08-20-2026

Janetra Johnson 5592256100 08-2-2026

12:00 PM PDT

Department of Veterans Affairs Network Contracting Office (NCO) 21

X

334510

1,000 Employees

N/A

X

** See Delivery Schedule **

FMS-VA-2(101) Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page

VA Palo Alto Health Care System REQUEST FOR QUOTE: ViewMate Multi Ultrasound System

QUOTES ARE DUE: SEE BLOCK #8

Pay particular attention to addendum to FAR 52.212-1 and 52.212-2 for submission instructions and requirements.

Questions and quotes shall be submitted to:

- Edward Hunter at edward.hunter@va.gov

- Janetra Johnson at janetra.johnson@va.gov

Any offeror claiming veteran status must complete and sign VAAR clause 852.219-76 and must submit with their quote.

See CONTINUATION Page

X X

Edward Hunter Contracting Officer

36C26126Q1108

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

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 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS

(NOV 2018)

C.4 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

C.5 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.6 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 20

C.9 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.10 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.11 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(NOV 2025) (DEVIATION)

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 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.3 52.212-1 — INSTRUCTIONS TO OFFERORS — COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (ADDENDUM)

E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261

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 Government Inspection and Acceptance

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

STATEMENT OF WORK

1. Background

The VA Palo Alto Health Care System (VAPAHCS) Cardiac Catheterization and Electrophysiology Laboratory request the procurement of Brand Name, Abbott ViewMate™ Multi Ultrasound System. The system will be used to acquire intracardiac ultrasound (ICE) images during electrophysiology studies and ablations to identify anatomical sites and catheter position within the chambers of the heart. The ViewMate™ Multi Ultrasound System integrates exclusively with the Abbott EnSite X Mapping System currently installed at VAPAHCS and is compatible with the CPRC committee-approved ViewFlex™ ICE Catheter.

2. Scope of Work

The contractor shall deliver, install, test, and provide initial training on the ViewMate™ Multi Ultrasound System at the work location identified in Section 4.

3. Requirements

3.1 Equipment Requirements

The ViewMate™ Multi Ultrasound System shall meet the following minimum specifications:

• Imaging Modes: 2D/B-Mode, M-Mode, Pulse Wave Doppler (PW), Continuous Wave Doppler (CW), Color Doppler, Power Doppler, and AUX CW

• Display: Minimum 23.5-inch high-resolution color LCD display mounted on articulating arm

• Touch Panel: Minimum 15.6-inch touchscreen with intuitive gesture controls

• ICE Capability: 4D Intracardiac Echo (ICE) capable, compatible with ViewFlex™ family of ICE catheters

• Mapping Integration: Must include communication interface to the Abbott EnSite X Mapping System via EnSite™ Echo Module license and cabling kit

• Battery: Rechargeable battery providing minimum 2 hours of operation without AC power

• Storage: Minimum 1 TB hard drive storage

• Transducer Ports: Capable of connecting up to 4 transducers simultaneously

• Connectivity: Integrated wireless, multifunction USB ports, HDMI/VGA digital video output

• DICOM: DICOM networking including Verify, Store, Print, and Basic Modality Worklist Query service classes

• Cybersecurity: AES-256 bit data encryption, TLS 1.2, Secure DICOM, anti-virus software, Role Based Access Controls (RBAC)

• Software: Pre-installed with ViewMate™ Multi Software V2.0 (VMM-SW-2.0)

• Mobility: Compact, collapsible roll-around cart with customized supply baskets

• ECG: 3-Lead ECG connection

3.2 ICE Integration Package Requirements

The ICE Integration package (2DSE-VMM) shall include:

• EnSite™ Echo Module license and cabling kit

• EnSite™ Remote Monitor

• EnSite™ Remote Cart Monitor Mount Bracket

• EnSite™ Dual Monitor License

• ViewFlex™ X ICE SE, EnSite™ X Connector Cable (Qty. 5)

3.3 Transducer Requirements

• SP5-1s Phased Array Transducer: Single crystal design, 1.5–4.5 MHz, for Adult Abdominal, Adult Cardiac, Adult Cranial, Pediatric and Cardiac applications

• L9-3s Linear Array Transducer: 2.5–9.0 MHz, for Abdominal, Pediatric, Small Organ, Musculoskeletal, Vascular and Nerve applications

4. Delivery

The contractor shall deliver all items to the work location identified in Section 4. Delivery shall be coordinated in advance with the Point of Contact. Delivery shall occur within a mutually agreed upon timeframe following receipt of the Government Purchase Order.

The contractor shall provide written confirmation of the scheduled delivery date no less than five

(5) business days prior to delivery.

5. Installation

5.1 Contractor Responsibilities

Installation shall be performed by Abbott Laboratories Inc. certified clinical specialists at no additional charge, as included in the Capital Purchase Agreement (Document No. 116816.5).

Installation shall include:

• Uncrating and assembly of all system components

• Placement of system in the desired location as directed by the VA POC

• Loading and configuration of ViewMate™ Multi Software V2.0 (VMM-SW-2.0) on the Abbott EnSite Workstation

• Connection and configuration of ICE Integration package to the existing EnSite X Mapping System

• Initial functional testing and verification of all system components

• Provision of a copy of the Installation Report to the VA Staff upon completion

Installation shall be performed during normal business hours (8:00 AM – 5:00 PM, Monday through Friday, Local Time) unless otherwise coordinated with the VA POC. Total installation time is not expected to exceed two (2) business days.

5.2 Government Responsibilities

VAPAHCS shall, at its expense:

• Provide free and unobstructed access to the installation site

• Ensure the installation site is ready and available on the agreed upon installation date

• Provide safe and secure storage space for equipment prior to installation if needed

• Ensure all necessary electrical, network ports, and site preparation requirements are completed prior to delivery

• Ensure Biomedical Engineering is available during installation as needed

6. Training

The contractor shall provide initial on-site operational training to designated VAPAHCS clinical staff upon completion of installation. Training shall cover basic system operation, imaging modes, ICE integration with the EnSite X Mapping System, and routine maintenance procedures. Training shall be provided at no additional charge as part of the installation services.

7. Warranty

The contractor shall provide a minimum one (1) year manufacturer's warranty effective from the date of installation completion for all delivered equipment, including:

• ViewMate™ Multi Ultrasound System (VMM-ICE-02)

• SP5-1s Phased Array Transducer (SP5-1S)

• L9-3s Linear Array Transducer (L9-3S)

The warranty shall cover parts replacement and manufacturer defects. Any warranty service shall be performed by Abbott Laboratories Inc. or their authorized service partner, Zonare Medical, per the Abbott/St. Jude Medical Sole Service Provider letter dated February 13, 2026.

8. Performance Period

Delivery and installation shall be completed within the period of performance established in the resulting contract or purchase order. The equipment shall remain in service for the duration of its operational life at VAPAHCS.

9. Information Security

This acquisition has been reviewed in accordance with VA Handbook 6500.6. The following determinations have been made:

• The ViewMate™ Multi Ultrasound System is a stand-alone medical device that stores patient data locally

• The system is not connected to the VA network

• FITARA review is not required

• No Business Associate Agreement (BAA) is required as no VA sensitive or protected health information (PHI/PII) is transmitted or stored on contractor systems

• The C&A requirements do not apply and a Security Accreditation Package is not required

The contractor shall not connect the ViewMate™ Multi Ultrasound System to the VA network without prior written authorization from the VA Information Security Officer (ISO). All data stored on the system's hard drive is protected by AES-256 bit encryption in accordance with the system's built-in cybersecurity features.

10. Contractor Personnel

Installation and any subsequent warranty service shall be performed by Abbott Laboratories Inc.

certified clinical specialists or their authorized service partner, Zonare Medical, per the Abbott/St. Jude Medical Sole Service Provider letter dated February 13, 2026. Contractor personnel shall comply with all applicable VA facility access requirements, including wearing visible identification while on VA premises.

11. Privacy Act and Information Security Compliance

The Contractor shall comply with the Privacy Act of 1974 (5 U.S.C. § 552a) and all VA regulations governing the collection, use, maintenance, and dissemination of personally identifiable information (PII) and protected health information (PHI). The Contractor shall not use or disclose VA patient information for any purpose other than performance of this contract. Any VA patient data incidentally encountered during installation, testing, training, or warranty service activities shall be treated as confidential and shall not be removed, copied, transmitted, or retained by the Contractor or any of its personnel. The Contractor shall immediately report any suspected or confirmed breach of VA sensitive information to the POC and the VA Information Security Officer (ISO).

12. Travel Requirements

The Contractor shall ensure that all necessary personnel — including certified clinical specialists, technicians, trainers, and any other relevant individuals — are available for on-site delivery, installation, setup, and training services at VAPAHCS. The Contractor is solely responsible for arranging and covering all travel costs required for their team members in support of this contract, including but not limited to transportation, lodging, and per diem. Travel costs shall be included in the contract price and shall not be billed separately to the

Government. No travel will be required or anticipated for Federal employees, as all delivery, installation, and training activities will take place at the VA facility identified in Section 4.

13. Inspection and Acceptance Criteria

All delivered equipment and components shall be subject to inspection and acceptance in accordance with the following criteria:

• All delivered equipment and components shall be inspected to verify that they meet the specifications, technical requirements, and safety standards outlined in this Statement of Work.

• Equipment must be new, unused, free from defects, and accompanied by all required manufacturer documentation, certifications, and Instructions for Use (IFU).

• Functional tests shall be conducted to confirm that all equipment operates as intended and is fully compatible with existing VAPAHCS systems and clinical workflows, including the Abbott EnSite X Mapping System.

• Quality and condition of packaging shall be reviewed upon delivery to ensure no shipping damage has occurred. Any damage identified at the time of delivery shall be reported immediately to the Contractor and the VA POC.

• Installation, setup, and operational verification shall be performed by Abbott Laboratories Inc. certified clinical specialists in coordination with VA Biomedical Engineering and clinical staff.

• Final acceptance will be contingent upon successful completion of inspection, installation, and functional verification, including confirmation that the ICE Integration package communicates correctly with the existing EnSite X Mapping System.

• The designated Cardiology Service Points of Contact (POCs) shall confirm in writing that all equipment has been fully received, is complete, and is functional. This confirmation shall be provided via email notification to the VA SCS Warehouse team to initiate the final processing of the Receiving Report.

14. Contractor Conduct and On-Site Safety Protocols

All Contractor personnel shall maintain a professional, courteous, and respectful demeanor at all times while on VA premises. Interactions with VA staff, Veterans, and their family members must reflect the highest standards of professionalism, sensitivity, and respect appropriate to a healthcare environment.

14.1 On-Site Conduct and Safety Requirements

All Contractor personnel shall comply with all VA property and facility guidelines. All personnel entering the facility for delivery, installation, training, or service shall:

1. Wear a face mask if required by current VA health and safety protocols in effect at the time of visit.

2. Be screened by VA site staff prior to entry in accordance with current VA facility access requirements.

3. Wear a company-issued uniform or clearly visible identification badge that identifies them as vendor personnel at all times while on VA premises.

4. Follow all posted safety signage and instructions from VA staff throughout their time on site.

5. Restrict their activities to only those areas of the facility necessary for performance of this contract.

6. Comply with all applicable VA patient privacy and confidentiality requirements, including refraining from photographing, recording, or otherwise documenting any patient, patient information, or clinical areas without prior written authorization.

Any violations of conduct, safety, identification, or privacy protocols may result in immediate removal of the offending personnel from the site and may result in formal contract action.

15. Warehouse Receiving Schedule

All deliveries shall be coordinated in advance with the VA POC and shall be scheduled during the following receiving hours:

VAPAHCS Warehouse / Loading Dock Receiving Hours

Days Monday through Friday

Hours 7:00 AM – 2:30 PM PST

Closed All Federal Holidays

Warehouse Email V21PALSupplyChainMMWarehouse@va.gov

The Contractor shall provide advance written notice of the scheduled delivery date and estimated arrival time to the POC and the Warehouse email group no less than five (5) business days prior to delivery. Deliveries arriving outside of the above hours or without prior coordination will not be accepted.

16. Applicable Standards and Regulations

• FDA clearance: ViewMate™ Multi Ultrasound System VMM-ICE-01/02

• Instructions for Use (IFU) available at manuals.sjm.com or eifu.abbottvascular.com

• VA Handbook 6500.6 — Information Security

• VA Directive 6550 — Pre-Procurement Assessment for Medical Devices

• Privacy Act of 1974 (5 U.S.C. § 552a)

• FAR Part 12 — Acquisition of Commercial Products and Services

• FAR 25.103 — Exceptions to Buy American Act (Nonavailability)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

ViewMateT Multi Ultrasound System

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): VMM-ICE-02

ViewMateT Multi Ultrasound System ICE Integration

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): 2DSE-VMM

SP5-1s Phased Transducer

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): SP5-1S

L9-3s Linear Transducer

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

MANUFACTURER PART NUMBER (MPN): L9-3S

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001 SHIP TO: Department of Veterans Affairs VA Palo Alto Health Care System 3801 Miranda Avenue Palo Alto, CA 94304

USA

1.00 ___________________________

MARK

FOR:

TBD

FOB: DESTINATION

0002 SHIP TO: Department of Veterans Affairs VA Palo Alto Health Care System 3801 Miranda Avenue Palo Alto, CA 94304

0003 SHIP TO: Department of

VA Palo Alto Health Care System 3801 Miranda Avenue Palo Alto, CA 94304

0004 SHIP TO: Department of

VA Palo Alto Health Care System 3801 Miranda

Avenue Palo Alto, CA 94304

SECTION C - CONTRACT CLAUSES

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/far-overhaul/far-part-deviation-guide/far-overhaul-part-

52#FAR_52_252_2

http://www.va.gov/oal/library/vaar/index.asp

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE

(DEVIATION)

NOV 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES (DEVIATION)

MAR 2026

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION)

NOV 2025

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025

52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION)

APR 2026

52.223-23 SUSTAINABLE PRODUCTS (DEVIATION) NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION)

APR 2026

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 CLIN(s) ALL. 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 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR

DATA BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

(a) Definition. As used in this clause, ‘‘contract’’ means any contract, agreement, order or other instrument and encompasses the definition set forth in FAR 2.101.

(b) Non-disclosure requirements. As a condition of performance under a contract, order, agreement, or other instrument that requires access to sensitive personal information as defined in VAAR 802.101, the following is expressly required—

(1) The Contractor, subcontractor, their employees or business associates shall not, directly or through an affiliate or employee of the Contractor, subcontractor, or business associate, disclose sensitive personal information to any other person unless the disclosure is lawful and is expressly permitted under the contract; and

(2) The Contractor, subcontractor, their employees or business associates shall immediately notify the Contracting Officer and the Contracting Officer’s Representative (COR) of any security incident that occurs involving sensitive personal information.

(c) Liquidated damages. If the Contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of [] per affected individual in order to cover costs related to the notification, data breach analysis and credit monitoring. In the event the Contractor provides payment of actual damages in an amount determined to be adequate by the Contracting Officer, the Contracting Officer may forgo collection of liquidated damages.

(d) Purpose of liquidated damages. Based on the results from VA’s determination that there was a data breach caused by Contractor’s or any of its agents’ failure to protect or otherwise engaging in conduct to cause a data breach of VA sensitive personal information, and as directed by the Contracting Officer, the Contractor shall be responsible for paying to the VA liquidated damages in the amount of [] per affected individual to cover the cost of the following:

(1) Notification related costs.

(2) Credit monitoring reports.

(3) Data breach analysis and impact.

(4) Fraud alerts.

(5) Identity theft insurance.

(e) Relationship to termination clause, if applicable. If the Government terminates this contract in whole or in part under the Termination for cause paragraph, FAR 52.212–4(m), Contract Terms and Conditions—Commercial Products and Commercial Services, the Contractor is liable for damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These damages are in addition to costs of repurchase as may be required under the Termination clause.

(End of Clause)

C.5 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.

C.6 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 VIPlisted SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–

74. Any work that a similarly situated VIP-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.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.

(End of Clause)

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 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.

C.10 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

C.11 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

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

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

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

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 334510 assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program.

The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the https://www.sba.gov/document/support--table-size-standards requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]

(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.

[The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]

(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.

[Contractor to sign and date and insert authorized signer's name and title.

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

NONE

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):

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

52#FAR_52_252_2

http://www.va.gov/oal/library/vaar/index.asp

(End of Provision)

FAR

Number

Title Date

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS—REPRESENTATION

JAN 2017

52.204-7 SYSTEM FOR AWARD MANAGEMENT—REGISTRATION

(DEVIATION)

NOV 2025

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM));

and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary.