RFQ Olympus Microscope - 36C24424Q0752 - 2.docx

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

646-24-3-046-0032 36C24424Q0752 08-1 -2024 McDaniel Brayboy III 916-841-7834 08- -2024

1:00 PM

EDT

36C244 Department of Veterans Affairs Network Contracting Office 4 3900 Woodland Ave Philadelphia PA 19104 X 339113 800 Employees N/A X See delivery schedule.

36C244 Department of Veterans Affairs Network Contracting Office 4 3900 Woodland Ave Philadelphia PA 19104

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429 See CONTINUATION Page Olympus Confocal Microscope This is a Brand Name requirement.

Please provide information in accordance with the Statement of Need Terms and Conditions.

All quotes must include delivery lead time, Manufacturer UEI #, Manufacturer Part and Stock Numbers.

PLEASE READ SOLICITATION IN ITS ENTIRETY, AND COMPLETE ALL

SECTIO

N

S THAT ARE HIGHLIGHTED AND REQUIRE QUOTER INPUT.

Quotes must be submitted by email no later than Friday August by 1:00 PM Eastern Standard Time to mcdaniel.brayboy@va.gov.

All questions must be submitted in writing by COB /2024.

See CONTINUATION Page X X Andrea Aultman-Smith Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Company:

b. GOVERNMENT: Contracting Officer 36C244 – Andrea Aultman-Smith Contract Specialist – McDaniel Brayboy III – mcdaniel.brayboy@va.gov Department of Veterans Affairs Network Contracting Office 4 3900 Woodland Ave Philadelphia PA 19104

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

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.

Tungsten Network: https://www.tungstenautomation.com/products/einvoice-network

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

1) FV4000 CONFOCAL SYSTEM WITH SHIPPING AND INSTALLATION TO INCLUDE: 2) FV40-HSU-P: Package of a hybrid scanning unit and a power supply unit and a 2ch broadband spectral detector unit 3) FV30-STIMP: ADAPTER TO CONNECT SCANNER AND IX83 SCOPE FRAME 4) FV40-RSD: 2ch red-shifted spectral detector unit by silicon photomultiplier including secondary dichroic mirror turret. 5) FV40-LETD: Transmitted detector unit for FV4000 used with IX3-LHLEDC. 5 1 6) LASER SYSTEM 6 1 7) FV40-MCOMB: Main laser combiner including AOTF and 4 lasers(VBYR). Does not include lasers. 8) FV31-LD405: LASER DIODE 405NM,CW 50MW 8 1 9) FV31-LD488: LASER DIODE 488NM,CW 20MW 9 1 10) FV31-LD56: LASER DIODE 561NM,CW 20MW 10 1 11) FV31-LD640: LASER DIODE 640NM,CW 40MW 11 1 12) FV31-LDPSU: FV3000 6 CH laser diode power supply 12 1 13) COMPUTER AND SOFTWARE 14) F30PCA19S: FV Workstation HP Z4 G5 Tower. Intel XeonW-2223 3.6GHz, 512GB PCIe NVMe SSD + 256GB PCIe NVMe + 2TB HDD, 64GB RAM (4x16GB) DDR4, Nvidia RTX A4000 16GB Graphics Card. Includes IEEE1394a cable (9pin to 6pin) for BX3-CBH or IX3-CBH. 15) IA-HDD-4TB: Seagate FireCuda HDD 4TB Internal Hard Drive 16) 7-DP21DKT: General IEEE1394a cable (9pin to 6pin) for BX3 CBH, IX3-CBH, or DP21 with Desktop PC. 2.7m 17) FV40-PCIB: PCI-e interface board for data transfer for confocal laser scanning microscope. Corresponded to WEEE and RoHS regulations. 18) D-U4323QE: Dell UltraSharp 43" 4K USB-C Hub Monitor 18 1 19) UYCP-11: US Style 3-prong Power Cord 19 5 20) OCD-11760: Line Cond 1200W AVR Surge 120V 10A 60Hz, 7 Cord 20 1 21) FV40-SWPAD: Advance Package software for FV4000. This software include FV40S-SW main software, motorized stage control license, well navigator license and sequence manager license including License certificate sheet 22) CS-S-DE-VF: cellSens TruSight 3D Deconvolution Solution 23) CS-DI-DT-V4.2: Cellsens Dimension Desktop Version 4.2 24) MICROSCOPE FRAME 25) IX83P2ZF-1-3: IX83 Inverted, Motorized Microscope Frame with 2 Decks 26) IX3FP: FIXING PLATE ON OPTICAL BENCH 27) U-I120: IX3-CBH; CONTROL BOX FOR IX83 28) U-R944: U-MCZ-1-2; FOCUS CONTROL MODULE FOR BX63/IX83 29) U-IFCBL200-1-2: Interface Cable for IX3/BX3/STM7 - 200CM 30) FV30-RFACA; MOTORIZED FLUORESCENT MIRROR TURRET 31) U-B30015: U-IFCBL15; CONNECTION CABLE FOR IX3/BX3 - 15CM 32) IX3-ILL-1-2: IX3 Transmitted Light Pillar 33) F12IX3TFC: FV12-IXCOV;IX3 TRANSMISSION FILTER COVER 34) 45FR-1-2: 45MM Diffusion Filter 35) IX3-LHLEDC-1-3: LED Light Source for IX3-ILL 36) 6-U2701: IX3-LWUCDA-1-2; Motorized Long WD IX3 DIC/Phase Condenser, NA 0.55, WD 27MM 37) U-B30100: U-IFCBL100; Connection Cable for IX3/BX3, 100CM 38) FV31-ILLSW: Laser Interlock Safety Unit for IX3-ILL 39) FV30-ILSW: LASER INTERLOCK SWITCH FOR IX83 STAND 40) U-TBI90-1-2: Tilting Binocular Head for GX/IX, 35-85 degrees 41) WHN10X-1-8: Eyepiece for BX/IX, 10x w/ F=24mm t=1.5mm Retical Shelf, FN22 42) WHN10X-H-1-8: Eyepiece for BX/IX, 10x Focusing w/ F=24mm t=1.5mm Retical Shelf, FN22 43) OBJECTIVES 44) UPLXAPO20X: UPLXAPO20X OBJECTIVE, OFN26.5, NA0.80, WD0.6mm 45) UPLXAPO40XO: UPLXAPO40xO OIL OBJECTIVE, OFN26.5, NA1.40, WD0.13mm 46) UPLXAPO60XO: UPLXAPO60X OIL OBJECTIVE, OFN26.5, NA1.42, WD0.15mm 47) UPLXAPO100XO $0.00 $0.00 UPLXAPO100X OIL OBJECTIVE, OFN26.5, NA1.45, WD0.13mm 48) U2-CD410: IX2-DIC100; Nomarski Prism for 100X Objective, 38MM 49) U-M636I: IX3-FDICT; Analyzer Cube for DIC W/IX3-RFACS 50) IMMOIL-F30CC1-3: Immersion Oil 30cc Bottle $0.00 $0.00 51) VISUAL FILTERS AND LIGHT SOURCE 52) OCL-PE300-WL-SB-B: pE-300White LLG Single Band Filter system, with adapter and power cord 53) OCT-49000BX3: ET-DAPI Filter Set 350/50X, BS400, 460/50M w/BX3 cube 54) OCT-49002BX3: ET-EGFP/FITC/CY2 Filter Set 470/40X, BS495, 525/50M w/BX3 cube 55) OCT-49004BX3: ET-CY3/TRITC Filter Set 545/25X, BS565, 605/70M w/BX3 cube 57) STAGING 58) MZ-IX3SCAN-P: 48-24-581-0000; Scan plus IM 120x80 motorized stage for IX3. Linear encoding 59) MZ-DTC3: TANGO 3 DESKTOP CONTROLLER 60) MZ-CABLE2X: 00-76-202-0808;2 AXIS, 2M CABLES 61) MZ-JYSTK2: 00-76-200-0820;2 AXIS JOYSTICK 62) MZ-INS-8020: 00-29-411-8020; Stage insert for multi well plate (K-Style 160x110) 63) MZ-INS-8050: 00-29-411-8050; Stage insert for Petri dish, ? 36 mm (K-Style 160x110) 64) REQUIREMENTS 65) FV31-SPCOV: On Stage Specimen Cover 66) FV40-SAFI3BE: Class 3B laser safety label in English for FV4000 inverted microscope configuration 67) FV31SHIP: FV4000 Shipping Fee 68) FV4000-INSTALL: FV4000 SYSTEM INSTALLATION FEE This system will reuse Olympus parts from the previous Olympus confocal system, including: 10x UPlanSApo objective 20x LWD Fluorite Objective Anti-vibration table 10/20/40/60x DIC prisms U-DICT insert Wrightline furniture Contract Period: Base POP Begin: 08-30-2024 POP End: 11-30-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN):

LOCAL STOCK NUMBER: FV4000

B.3 DELIVERY SCHEDULE

Building 30 University Dr. C Pittsburgh, PA 15240

USA

B.4 STATEMENT OF NEED

Statement of Need VA Pittsburgh Healthcare System Olympus FV4000 Confocal Microscope System Background VA Pittsburgh Healthcare System (VAPHS) is in need of an Olympus FV4000 Confocal Microscope System. This is to replace the existing FV1000 system which is an older Olympus model which is now antiquated technology and at end of life. This model will be used for all Researchers that come to VA Pittsburgh and use this microscope to conduct scientific studies at the University Drive campus, Research Building.

Deliverables/Requirements Olympus FV4000 Confocal Microscope System to include:

· FV40-HSU-P: Package of a hybrid scanning unit and a power supply unit and a 2ch broadband spectral detector unit

· FV30-STIMP: ADAPTER TO CONNECT SCANNER AND IX83 SCOPE FRAME

· FV40-RSD: 2ch red-shifted spectral detector unit by silicon photomultiplier including secondary dichroic mirror turret.

· FV40-LETD: Transmitted detector unit for FV4000 used with IX3-LHLEDC. 5 1

· LASERS

· FV40-MCOMB: Main laser combiner including AOTF and 4 lasers(VBYR). Does not include lasers.

· FV31-LD405: LASER DIODE 405NM,CW 50MW 8 1

· FV31-LD488: LASER DIODE 488NM,CW 20MW 9 1

· FV31-LD56: LASER DIODE 561NM,CW 20MW 10 1

· FV31-LD640: LASER DIODE 640NM,CW 40MW 11 1

· FV31-LDPSU: FV3000 6 CH laser diode power supply 12 1

· COMPUTER AND SOFTWARE

· F30PCA19S: FV Workstation HP Z4 G5 Tower. Intel XeonW-2223 3.6GHz, 512GB PCIe NVMe SSD + 256GB PCIe NVMe + 2TB HDD, 64GB RAM (4x16GB) DDR4, Nvidia RTX A4000 16GB Graphics Card. Includes IEEE1394a cable (9pin to 6pin) for BX3-CBH or IX3-CBH.

· IA-HDD-4TB: Seagate FireCuda HDD 4TB Internal Hard Drive

· 7-DP21DKT: General IEEE1394a cable (9pin to 6pin) for BX3 CBH, IX3-CBH, or DP21 with Desktop PC. 2.7m

· FV40-PCIB: PCI-e interface board for data transfer for confocal laser scanning microscope. Corresponded to WEEE and RoHS Regulations.

· D-U4323QE: Dell UltraSharp 43" 4K USB-C Hub Monitor 18 1

· UYCP-11: US Style 3-prong Power Cord 19 5

· OCD-11760: Line Cond 1200W AVR Surge 120V 10A 60Hz, 7 Cord 20 1

· FV40-SWPAD: Advance Package software for FV4000. This software includes FV40S-SW main software, motorized stage control license, well navigator license and sequence manager license including License certificate sheet

· CS-S-DE-VF: cellSens TruSight 3D Deconvolution Solution

· CS-DI-DT-V4.2: Cellsens Dimension Desktop Version 4.2

· MICROSCOPE FRAME

· IX83P2ZF-1-3: IX83 Inverted, Motorized Microscope Frame with 2 Decks

· IX3FP: FIXING PLATE ON OPTICAL BENCH

· U-I120: IX3-CBH; CONTROL BOX FOR IX83

· U-R944: U-MCZ-1-2; FOCUS CONTROL MODULE FOR BX63/IX83

· U-IFCBL200-1-2: Interface Cable for IX3/BX3/STM7 - 200CM

· FV30-RFACA; MOTORIZED FLUORESCENT MIRROR TURRET

· U-B30015: U-IFCBL15; CONNECTION CABLE FOR IX3/BX3 - 15CM

· IX3-ILL-1-2: IX3 Transmitted Light Pillar

· F12IX3TFC: FV12-IXCOV;IX3 TRANSMISSION FILTER COVER

· 45FR-1-2: 45MM Diffusion Filter

· IX3-LHLEDC-1-3: LED Light Source for IX3-ILL

· 6-U2701: IX3-LWUCDA-1-2; Motorized Long WD IX3 DIC/Phase Condenser, NA 0.55, WD 27MM

· U-B30100: U-IFCBL100; Connection Cable for IX3/BX3, 100CM

· FV31-ILLSW: Laser Interlock Safety Unit for IX3-ILL

· FV30-ILSW: LASER INTERLOCK SWITCH FOR IX83 STAND

· U-TBI90-1-2: Tilting Binocular Head for GX/IX, 35-85 degrees

· WHN10X-1-8: Eyepiece for BX/IX, 10x w/ Φ=24mm t=1.5mm Retical Shelf, FN22

· WHN10X-H-1-8: Eyepiece for BX/IX, 10x Focusing w/ Φ=24mm t=1.5mm Retical Shelf, FN22

· OBJECTIVES

· UPLXAPO20X: UPLXAPO20X OBJECTIVE, OFN26.5, NA0.80, WD0.6mm

· UPLXAPO40XO: UPLXAPO40xO OIL OBJECTIVE, OFN26.5, NA1.40, WD0.13mm

· UPLXAPO60XO: UPLXAPO60X OIL OBJECTIVE, OFN26.5, NA1.42, WD0.15mm

· UPLXAPO100XO $0.00 $0.00 UPLXAPO100X OIL OBJECTIVE, OFN26.5, NA1.45, WD0.13mm

· U2-CD410: IX2-DIC100; Nomarski Prism for 100X Objective, 38MM

· U-M636I: IX3-FDICT; Analyzer Cube for DIC W/IX3-RFACS

· IMMOIL-F30CC1-3: Immersion Oil 30cc Bottle $0.00 $0.00

· VISUAL FILTERS AND LIGHT SOURCE

· OCL-PE300-WL-SB-B: pE-300White LLG Single Band Filter system, with adapter and power cord

· OCT-49000BX3: ET-DAPI Filter Set 350/50X, BS400, 460/50M w/BX3 cube

· OCT-49002BX3: ET-EGFP/FITC/CY2 Filter Set 470/40X, BS495, 525/50M w/BX3 cube

· OCT-49004BX3: ET-CY3/TRITC Filter Set 545/25X, BS565, 605/70M w/BX3 cube

· STAGING

· MZ-IX3SCAN-P: 48-24-581-0000; Scan plus IM 120x80 motorized stage for IX3. Linear encoding

· MZ-DTC3: TANGO 3 DESKTOP CONTROLLER

· MZ-CABLE2X: 00-76-202-0808;2 AXIS, 2M CABLES

· MZ-JYSTK2: 00-76-200-0820;2 AXIS JOYSTICK

· MZ-INS-8020: 00-29-411-8020; Stage insert for multi well plate (K-Style 160x110)

· MZ-INS-8050: 00-29-411-8050; Stage insert for Petri dish, Ø 36 mm (K-Style 160x110)

· REQUIREMENTS

· FV31-SPCOV: On Stage Specimen Cover

· FV40-SAFI3BE: Class 3B laser safety label in English for FV4000 inverted microscope configuration

· This system will reuse Olympus parts from the previous Olympus confocal system, including:

· 10x UPlanSApo objective

· 20x LWD Fluorite Objective

· Anti-vibration table 10/20/40/60x DIC prisms U-DICT insert Wrightline furniture

· The Olympus FV4000 microscope that uses a silicon-based SilVIR detector with a fully modular platform that allows reconfiguration of the system as needed.

· Ability to capture both dim or right fluorescence areas in one image without saturation or loss of information.

· A SilVIR detector that doesn’t need to make any voltage and offset adjustments.

· Reproducible Image Data Between Users and Systems

· Precise Dynamics of Live Cells with Less Damage using time-lapse imaging via the 685 nm, 730 nm, and 785 nm lasers with a dedicated TruFocus Red Z-drift compensator to maintain the focus position.

· TruAI Noise Reduction and Image Segmentation

· Asilicon photomultiplier (SiPM) with fast signal processing technology.

· Flexible Macro to Micro Imaging

· High-Resolution 3D Images in Thick Samples

· Clear Images at Depth with silicone immersion objectives

· A spectral system comprised of volume phase hologram (VPH) grating and slit and can detect a 400 nm to 900 nm wavelength range with a minimum step of 1 nm.

Technical Specs

Period of Performance

· Delivery and installation 8-12 weeks after the award.

DELIVERY

1. Delivery location will be the Research Office Building, 4071-4089 University Dr. C, Pittsburgh, PA 15219 Building 30 Wet Labs. Please coordinate with the POC for delivery after contract award.

REPAIR AND MAINTENANCE

1. The vendor/distributor and/or the manufacturer must provide all necessary procedure manuals, troubleshooting manuals and operator manuals.

On site Installation

1. The vendor will assemble the unit on-site to be scheduled by VAPHS. The vendor will unload, stage, assemble, test, clean up and remove the debris. They will be on site for no more than 8 hours.

2. The COR is responsible for ensuring that all Contractors comply with physical security policies. A compliant ID badge must be worn by Contractors at all times while on VA premises.

3. Contractors may not have access to the VA network or any VA sensitive information under this contract.

4. All Contractors must receive Privacy training annually using one of the following methods:

a. Complete “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information” training by using VA’s TMS system (https://www.tms.va.gov/SecureAuth35/). Contractors may use the TMS Managed Self Enrollment method to complete the training in TMS.

5. Complete the hard copy version of “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information.” Signed training documents must be submitted to the COR.

6. Training must be completed prior to the performance of the contract and annually thereafter. Proof of training completion must be verified and tracked by the COR.

Smoking

All VA Pittsburgh property is smoke-free. Contractor personnel will comply with VA Pittsburgh smoking policies. Violations will result in a warning and possible citation.

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SECTION C - CONTRACT CLAUSES

C.1 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.2 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause) FAR Title Date Number

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

REPRESENTATIONS AND CERTIFICATIONS

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN NOV 2021

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

(End of Clause)

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.

(b) 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 852.242-71 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.6 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

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

(End of Clause) (End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[X] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Representation (SEP 2021) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[X] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION AUG 2020) (31 U.S.C. 3903 and 10 U.S.C 2307).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

J & A Attached to posting

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision) FAR Title Date Number

(End of Provision) E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

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

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A…