S01.RFQ.36C24423Q0227.A-DEC Dental Chairs.12.14.22.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

693-23-1-179-0014

36C24423Q0227 12-14-2022

David Santiago | david.santiago2@va.gov 412-822-3746 12-20-2022 4pm EST

36C244 Department of Veterans Affairs Network Contracting Office 4

1010 Delafield Road Pittsburgh, PA 15215

X

339114

750 Employees

N/A

X

Wilkes-Barre VA Medical Center (WBAMC) Attn; Warehouse

1111 East End Blvd.

Wilkes-Barre, PA 18711

36C244

Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs

PO Box 149971 Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

Brand Name Only - A-DEC 511 Dental Chairs, Delivery Systems, and accessories.

Schedule on page 4.

Statement of Need (SON) page 8.

Instructions to Vendors 21.

See CONTINUATION Page

693-3630160-179-824800-3131 010044175

X X

X 1

Gregory Wizar

36C24423Q0227

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 SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF NEED

SECTION C - CONTRACT CLAUSES

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

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.3 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

C.4 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)

C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 16

C.7 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO VENDORS — COMMERCIAL ITEM SEP 2021

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

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

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 36C244 Gregory Wizar

Department of Veterans Affairs

Network Contracting Office 4

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Receipt, Inspection, and Acceptance of Order.

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.

Austin Payment Center http://ob10.com/us/en/veterans-affairs-us//

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

AMENDMENT NO DATE

B.2 PRICE SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

10 EA

511- A-DEC 511 PATIENT CHAIR- PRODUCT VERSION B,

VOLTAGE 120 VOLTS, BASE COLOR WHITE,

UPHOLSTERY TYPE FORMED/SEAMLESS, UPHOLSTERY

STYLE 511 FO2 STYLE, CONTOURED FLOOR BOX,

DUPLEX AND QDS & PACKAGING BLANKET WRAP WITH

PALLET.

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

LOCAL STOCK NUMBER: 511

533 - A-dec 533 CONTINENTAL DELIVERY SYSTEM, PRODUCT VERSION B, BASE COLOR WHITE, FOUNDATION PRICE 533B RADIUS MOUNT WITH DELUX

PLUS TOUCH PAD, LARGE BOTTOM MOUNT TRAY

HOLDER, STAINLESS STEEL TRAY ONE LARGE SST

TRAY,DISC FOOT CONTROL, 1.5 UMBILICAL, PACKAGING

BLANKET WRAP WITH PALLET, HANDING RIGHT,

DOCTORS TOUCHPAD DELUXE PLUS TOUCHPAD,

HANDPIECE TUBING STYLE SILICONE HANDPIECE

TUBING,POSITION 1 AUTOCLAVEABLE QD SYRINGE,

POSITION 2 H HOLE FIBER OPTIC WITH BULB TUBING,

POSITION 3 4 HOLE TUBING, POSITION 4 SATELEC

NEWTRON SLIM ULTRASONIC MODULE, ADD

ULTRASONIC INSTRUMENT HANDPIECE SATELEC

NEWTRON SLIM B. LED, ULTRASONIC TIP STARTER KIT

SATELEC ULTRASONIC TIP KIT, POSITION 5 SATELEC

MINI LED CURING LIGHT, POSITION 6 KAVO ELECTRIC

MOTOR, EMC-703 CONTROL MODULE, NO POWERED

USB HUB.

PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, LOCAL STOCK NUMBER: 533

551 - A-DEC 551 ASST INSTRUMENTATION, BASE COLOR

WHITE, MOUNTING STYLE A-DEC 511 CHAIR, ARM

LENGTH LONG ARM, PACKAGING BLANKET WRAP WITH

PALLET, AUTOVLACABLE QD SYRINGE, NO CURING

LIGHT, ASSISTANTS CURING LIGHT HOLDER NONE, NO

DUAL TURRET, HVE STANDARD 11MM HVE, ADDITIONAL

11MM HVE, VACUUM TUBING STYLE EASYFLEX TUBING,

SUPPORT LINK 500 SUPPORT LINK

PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, LOCAL STOCK NUMBER: 551

577L - A-DEC LED DENTAL LIGHT, TRACK MT, BASE

COLOR WHITE, MOUNTING STYLE TRACK MOUNT,

CEILING HEIGHT POST TO FOLLOW, PACKAGING

STANDARD (BOXED).

PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, LOCAL STOCK NUMBER: 577L

521 - A-DEC 521 DOCTOR'S STOOL, BASE COLOR WHITE,

CYLINDER TYPE TALL, CASTER TYPE TILE, ARMREST

OPTIONS: NO ARMRESTS, UPHOLSTERY TYPR SEWN,

PACKAGING BLANKET WRAP WITH PALLET.

PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, LOCAL STOCK NUMBER: 521

522 - A-DEC 522 ASST STOOL, BASE COLOR WHITE, NO

BACKREST, FOOT SUPPORT FOOT RING, CASTER TYPE

TILE, UPHOLSTERY TYPE SEWN, PACKAGING BLANKET

WRAP WITH PALLET.

PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, LOCAL STOCK NUMBER: 522

100 EA

54.0829.00 - ELECTRIC HS, STANDARD HEAD, M25L, 1:5,

MA.

PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, LOCAL STOCK NUMBER: 54.0829.00

54.0838.00 - Motor, Electric HDPC, KL 703.

PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, LOCAL STOCK NUMBER: 54.0838.00

1 EA

NSTALLATION - Charges for Install Labor.

PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, LOCAL STOCK NUMBER: INSTALLATION

1 EA

BLANKETWRAP - Blanket Wrap Service.

PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, LOCAL STOCK NUMBER: BLANKETWRAP

GRAND TOTAL

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Wilkes-Barre VA Medical Center 10 30 Days ARO thru

Attn: Warehouse 1111 East End Blvd.

Wilkes-Barre, PA 18711

USA

MARK

FOR:

Jeffrey Manzo 570 824-3521 X 27104 Jeffrey.Manzo@va.gov

0007 SHIP TO: Wilkes-Barre VA Medical Center Attn: Warehouse 1111 East End Blvd.

Wilkes-Barre, PA 18711

USA

100 30 Days ARO

MARK

FOR:

Jeffrey Manzo

0008 SHIP TO: Wilkes-Barre VA Medical Center Attn: Warehouse 1111 East End Blvd.

Wilkes-Barre, PA 18711

USA

10 30 Days ARO

MARK

FOR:

Jeffrey Manzo thru

SHIP TO: Wilkes-Barre VA Medical Center Attn: Warehouse 1111 East End Blvd.

Wilkes-Barre, PA 18711

USA

1 30 Days ARO

MARK

FOR:

Jeffrey Manzo

B.4 STATEMENT OF NEED

Dental Chairs, Delivery System, Instrumentation and Accessories.

BACKGROUND

The Wilkes-Barre VAMC (693) has a brand name only requirement for ten (10) 511-A- DEC 511 Dental Chairs, Delivery Systems, and accessories to be used in ten existing operatories.

SCOPE OF WORK

Provide A-DEC brand dental equipment and installation for ten (10) new dental operatories.

A-DEC Brand Name required items:

511 A-dec 511 (10 EA) 511 Model 511 Patient Chair V0412.0001 Quick Ship Not Eligible V0452.0002 Product Version B V0074.0002 Voltage 120 Volts V0009.0002 Base Color White V0195.0264 Foundation Price 511 B Chair V0075.0014 Upholstery Type Formed/Seamless V0073.0004 Upholstery Style 511 F02 Style V0072.9998 Upholstery Color to Follow V0040.0001 Contoured Floor Box V0037.0002 Duplex and QDs V0327.0010 Packaging Blanket Wrap with Pallet

533 - A-dec 533 Continental Delivery System (10 EA) 533 Model 533 Radius Continental Delivery System V0412.0001 Quick Ship Not Eligible V0568.0001 Preconfigured Packages Not Eligible V0452.0002 Product Version B V0009.0002 Base Color White V0195.0267 Foundation Price 533B Radius Mount with Deluxe Plus Touchpad V0070.0018 Large Bottom Mount Tray Holder V0573.0002 Stainless Steel Tray One Large SST Tray V0041.0008 Disc Foot Control V0071.0011 1.5' Umbilical V0327.0010 Packaging Blanket Wrap with Pallet V0128.0001 Handing Right V0036.0010 Doctor's Touchpad Deluxe Plus Touchpad V0330.0002 Handpiece Tubing Style Silicone Handpiece Tubing V0267.0005 Position 1 Autoclavable QD Syringe V0267.0006 Position 2 5-Hole Fiber-Optic with Bulb Tubing V0267.0002 Position 3 4-Hole Tubing V0267.0072 Position 4 Satelec Newtron Slim Ultrasonic Module V0158.0004 Add Ultrasonic Instrument Handpiece Satelec Newtron Slim B.LED V0196.0001 Ultrasonic Tip Starter Kit Satelec Ultrasonic Tip Kit V0267.0014 Position 5 Satelec Mini LED Curing Light V0267.0102 Position 6 KaVo Electric Motor V0053.0009 EMC-703 Control Module V0504.0002 No Powered USB Hub

551 - A-dec 551 ASST Instrumentation (10 EA) 551 Model 551 Assistant's Instrumentation V0412.0001 Quick Ship Not Eligible

V0568.0001 Preconfigured Packages Not Eligible V0009.0002 Base Color White V0195.0146 Foundation Price 551 Assistant's Instrumentation V0055.0036 Mounting Style A-dec 511 Chair V0030.0004 Arm Length Long Arm V0327.0010 Packaging Blanket Wrap with Pallet V0105.0005 Autoclavable QD Syringe V0004.0023 No Curing Light V0462.0002 Assistant's Curing Light Holder None V0403.0002 No Dual Turret V0200.0005 HVE Standard 11mm HVE V0087.0007 Additional 11mm HVE V0500.0004 Vacuum Tubing Style EasyFlex Tubing V0090.0001 Support Link 500 Support Link

577L - A-dec 577L LED Dental Light, Track Mt (10 EA) 577L Model A-dec 577L LED Dental Lt, Track Mt V0009.0002 Base Color White V0412.0001 Quick Ship Not Eligible V0055.0031 Mounting Style Track Mount V0195.0206 Foundation Price 577 LED Light- Track Mount V0089.0007 Ceiling Height Post to Follow V0327.0004 Packaging Standard (Boxed)

521 - A-dec 521 Doctor's Stool (10 EA) 521 Model 521 Doctor's Stool V0195.0246 Foundation Price 521 Doctors Stool V0009.0002 Base Color White V0032.0003 Cylinder Type Tall V0012.0002 Caster Type Tile V0083.0005 Armrest Options No Armrests V0075.0009 Upholstery Type Sewn V0072.9998 Upholstery Color to Follow V0327.0010 Packaging Blanket Wrap with Pallet

522 - A-dec 522 Asst Stool (10 EA) 522 Model 522 Assistant's Stool V0195.0247 Foundation Price 522 Assistant's Stool V0009.0002 Base Color White V0474.0002 Backrest No Backrest V0475.0002 FootSupport Foot Ring V0012.0002 Caster Type Tile V0075.0009 Upholstery Type Sewn V0072.9998 Upholstery Color to Follow V0327.0010 Packaging Blanket Wrap with Pallet

54.0829.00 - Electric HS, Standard Head, M25L, 1:5, Ma (100)

54.0838.00 - Motor, Electric HDPC, KL 703 (10)

INSTALLATION - Charges for Install Labor (1)

BLANKETWRAP - Blanket Wrap Service (1)

Warranty All equipment will have a A-DEC warranty which is as follows:

Warranty: Parts only, covering defects in material and workmanship.

• 5 Years for Dental Chairs, Lights, Delivery Systems, and Monitor Mounts

• 2 Years for A-DEC EA-53 Electric Motor, Tubing and Control Modules •1 Year for Clinical Products

General Requirements

• The contractor shall provide all labor, equipment, tools, materials, and other items necessary to deliver and install the equipment and materials listed in the

SOW.

• All equipment shall be installed without modifications to the existing structure or utilities.

• TEST AND ACCEPTANCE: Contractor shall test all equipment after installation to confirm proper operation. The VA shall accept equipment once installation and successful testing has been completed and approved.

Installation Dates and Delivery

Installation of all equipment shall be coordinated with the VA and shall take place:

a. within 30 days of contract award.

No equipment shall be delivered or will be accepted before award and must be coordinated with the COR/POC.

COR/POC: Dr. Jeffrey Manzo Phone: 570 824-3521 X 27104 Email: Jeffrey.Manzo@va.gov

All items must be delivered to the following location:

Wilkes-Barre VA Medical Center 1111 East End Blvd.

Wilkes-Barre, PA 18711

Warehouse Supervisor: Kaitlyn Varneke Phone: (570) 824-3521 X 27178 Email: Kaitlyn.Varneke@va.gov

Monday – Friday from 8:00am – 4:30pm mailto:Jeffrey.Manzo@va.gov

GOVERNMENT FURNISHED INFORMATION OR MATERIAL:

This acquisition does not include Government-furnished property (GFP), identify in the Statement of Work all available information on GFP to be provided, including the make, model, bar code number and serial number, if available, of all accountable assets with an acquisition cost of $500 or more.

This acquisition does not include Contractor-acquired property (CAP).

REPORTS/DELIVERABLES:

Delivery confirmation of equipment and commodities will be made through the Logistics Department of the VAMC Wilkes-Barre (693). This will include documentation of receipt and assignment of a facility based “EE” number for identification and tracking purposes.

Delivery confirmation of non-equipment/ commodities acquisitions is the responsibility of the receiving Facility and/ or Service.

PERIOD OF SERVICE:

Delivery must be made no later than 30 days After Receipt of Order.

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS- 319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

5) Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols.

As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

4. For indefinite delivery contracts: Contractor agrees to comply with VHA

Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

Influenza Vaccination

VHA Directive 1192 requires all health care personnel (HCP) to participate in the seasonal influenza prevention program and outlines the key implementation steps.

Health care personnel is defined in VHA Directive 1192 as all VA licensed and unlicensed, clinical, and administrative, paid and unpaid, full- and part-time employees, intermittent employees, fee basis employees, VA contractors, students, researchers, volunteers, and trainees who work in VHA locations. HCP covered by the policy are expected to receive annual influenza vaccination. This requirement is extended to all Contractor personnel with potential to come into minimal contact (passing in the corridor) with any patients, visitors, or staff members at VA.

https://www.va.gov/covid19screen/ https://www.va.gov/covid19screen/ https://www.va.gov/covid19screen/

Those individuals unable or unwilling to be vaccinated are required to wear a face mask throughout the influenza season. Masks are available at entrances throughout the medical center.

It is the responsibility of the contractor to ensure that all contract staff is compliant with the requirements outlined in VHA Directive 1192. The contractor shall maintain the following documentation:

- Documentation of vaccination, e.g., signed record of immunization from a health care provider or pharmacy, or a copy of medical records documenting the vaccination.

- Completed Health Care Personnel Influenza Vaccination Form (Attachment B of VHA Directive 1192) if unwilling or unable to receive the vaccine.

The contractor is required to submit annual certification in the form of a memorandum to the Contracting Officer’s Representative (COR) that all contract staff performing services at VA facilities is in compliance with VHA Directive 1192.

Tuberculosis Prevention

Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests for personnel within five (5) calendar days after contract award and prior to the first duty shift to the COR and Contracting Officer. Tests shall be current within the past year.

TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to PPD testing for all contract personnel. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

HIPAA Training Certificates

If Contractor will be working onsite for installation and activation of equipment, all HIPAA training completion documentation must be provided to the COR listed in the awarded contract.

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.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2021

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

C.2 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.

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

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

[X] 852.215–71, Evaluation Factor Commitments.

[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.

[X] 852.246–71, Rejected Goods.

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

(End of Clause)

C.3 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.4 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR

2020)

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

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

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

(c) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the

OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING

AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.6 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.

C.7 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 Addendum to 52.212-4)

C.8 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).

[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).

[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] (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).

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

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

[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).

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

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

793).

[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).

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

[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).

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

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

(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:

(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.

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

See attached document: 2 Attachment 1 FAR 13.5 SSJ - Over SAT - A-Dec Dental Chairs - Signed3_Redacted.

See attached document: Vendor Fill-ins 36C24423Q0227 Line Items.12.14.22.

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO VENDORS — COMMERCIAL ITEM SEP

INSTRUCTIONS – Brand Name only – 511-A-DEC 511 Dental Chairs, Delivery Systems, and accessories.

Submission of Questions: Questions regarding this solicitation shall be received no later than Friday December 16, 2022, 4:00 PM Eastern Time (ET). Questions received after this time may not be considered for review. Questions shall be submitted to David Santiago – Contract Specialist at david.santiago2@va.gov. Prospective Vendors are asked to submit their questions grouped by solicitation section and making reference to the particular paragraph in that section.

The Subject Line for questions shall state ‘36C24423Q0227 – Questions’. Responses to all inquiries/questions will be returned via email to those vendors solicited giving due regard to the proper protection of proprietary information. Vendors shall be responsible for monitoring their email for the agency’s responses. No information concerning this solicitation shall be provided in response to a phone call.

Prospective Vendors are warned against contacting any medical center personnel outside the Procurement Department prior to award of a Contract resulting from this solicitation. If such contact occurs and is found to be prejudicial to competing Vendors, the Vendor making such contact may be excluded from award consideration.

Submission of Quotes: This solicitation is being issued as an Unrestricted requirement in the Open Market under the NAICS in block 10. Quotations shall be received no later than Tuesday December 20, 2022, 4:00 PM Eastern Time (ET). Quotations received after this time might not be considered for award. All quotes shall be emailed to david.santiago2@va.gov. The Subject Line for email submissions shall state ‘ 36C24422Q0227 – Quote’.

Quote Content and Submission Instructions: Vendors should review RFQ and are ultimately responsible for ensuring that their quotes fully comply with submission requirements for this mailto:david.santiago2@va.gov mailto:David.Santiago2@va.gov

RFQ. Each quote shall clearly demonstrate that the Vendor understands both the general and specific technical requirements of the Scope of Work. Failure to explain Vendor’s ability to meet all requirements may result in the Vendor's quote not being considered. The vendor may submit a capability statement to explain technical acceptability. Clarity and completeness of quotes are of the utmost importance. Therefore, quotes must be organized in a practical, clear, and concise manner.

For a response to this solicitation to be considered complete Vendors must comply with the following requirements:

- Any Non-Manufactures must submit an Authorized Distributor Letter.

- The Vendor is required to provide all line-item information, pricing, and delivery dates in the Vendor Fill-ins Excel spreadsheet.

- The Vendor must be able to provide a price for all the Items listed in the Schedule.

- Sign Block 30a

EVALUATION

Award for this requirement will be made to the vendor who proposes the Lowest Price Technically Acceptable (LPTA) quote to the Government. To be Technically Acceptable:

- The vendor must be an Authorized Reseller as demonstrated by their Authorized Distributor Letter.

- Must provide pricing for all items listed in the Schedule of this Solicitation.

- Must sign the Solicitation.

The Department of Veteran’s Affairs will award to the vendor proposing the best value to the Government.

At the time of evaluation, all quotes will be evaluated to determine the Lowest Priced Quote. At that time, only the Lowest Priced Quote will be forwarded on for Technical Evaluation. If the lowest price quote is found to NOT be technically acceptable, the next lowest priced quote will be forwarded on for technical acceptability. This process will continue until the lowest priced, technically acceptable, quote is identified.

The Department of Veteran Affairs may reject a quote as non-responsive if it is materially unbalanced. A quote is unbalanced when it is based on prices significantly less for some work and significantly overstated for other work, or the prices do not reflect market value.

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

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.211-6 BRAND NAME OR EQUAL AUG 1999

52.214-21 DESCRIPTIVE LITERATURE APR 2002

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

JUN 2020

852.215-72 NOTICE OF INTENT TO RE-SOLICIT OCT 2019

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— https://www.sam.gov/

(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…