S02_36C25526Q0280___.pdf
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- Attached to
- 3990--COMPACT TRACK LOADER-BOBCAT Federal contract opportunity
- Solicitation number
- 36C25526Q0280
About this file
This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) issued by the Department of Veterans Affairs Network Contracting Office 15 for the Colmery O'Neil VA Medical Center in Topeka, Kansas.
The solicitation (36C25526Q0280) is set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) certified by the SBA and considered small under NAICS code 333924 (900 employees). The offer due date is April 20, 2026, at 4:30 p.m. CDT, with an expected award date of April 7, 2026. The requirement calls for a brand name or equal compact track skid loader with a 96.4 hp turbo diesel engine (minimum 74 HP), 2,900 lbs rated operating capacity, 8,200+ lbs tipping load, enclosed ROPS/FOPS cab with HVAC, and comprehensive features including telematics, ride control, and electronic monitoring. The procurement includes six line items: the base compact track loader (Item 0001), an upgrade package with LED lights and heated seat (Item 0002), an 80-inch HD low-profile bucket with side cutters (Item 0003), a polycarbonate door (Item 0004), a strobe light kit (Item 0005), and delivery and installation (Item 0006). All items must be new equipment delivered and installed at the Topeka location within 60 days of contract award with FOB Destination. Offerors must provide completed SF 1449, a price/cost schedule, FAR 52.252-2 certification, VAAR 852.219-76 subcontracting compliance certification, and an authorized distributor letter. Evaluation will use Lowest Price Technically Acceptable (LPTA) methodology. Payment will be made via electronic funds transfer upon delivery and acceptance. The contractor must ensure an authorized dealer for the equipment brand exists within 30 miles of the facility and provide no-cost training to grounds department staff. Buy American Act and limitations on subcontracting apply. Quotes must be submitted via email to jessica.hansroth@va.gov with subject line "RFQ 36C25526Q0280."
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PAGE 1 OF1. 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
589-26-2-7628-0011
36C25526Q0280 04-07-2026
Ross, Leslie | leslie.ross2@va.gov 913.946.1964 04-20-2026 4:30pm CDT
36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway
Leavenworth KS 66048
X 100
X Y
333924
900 Employees
Net 30 Days N/A
X
Colmery-O'Neil Va Medical Center
2200 SW Gage Blvd.
Topeka KS 66622-0001
36C255
Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway
Leavenworth KS 66048
36C255
Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp
Austin TX
877-353-9791 512-460-5429
See CONTINUATION Page
This requirement is Brand Name or Equal for a Compact Track Skid Loader in accordance with the Statement of Work (SOW).
The Buy America Act and Limitations on Subcontracting Apply.
Quoters must provide completed copies of the SF1449, Price/Cost Schedule, FAR 52.252-2 certification, VAAR 852.219-76 certification, and a Distributor Letter with submission of quote. Note: Alternate versions of either certifications are not accepted.
This solicitation is set-aside for SBA certified SBVOSBs only. Companies submitting a quote must be a certified SDVOSBs and considered small for the NAICS code for this.
solicitation.
This solicitation utilizes NMR Waiver 333924.
Please email quotes to jessica.hansroth@va.gov. The subject line shall read: RFQ 36C25526Q0280.
See CONTINUATION Page 589-3660162-7628-853300-3151 0100C6075
X X x one(1)
Ross, Leslie Contracting Officer
36C25526Q0280
Table of Contents
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
B.3 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.2 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
C.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)
(DEVIATION)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
D.1 STATEMENT OF WORK
SECTION E - SOLICITATION PROVISIONS
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
E.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)
(DEVIATION)
E.4 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)
E.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
E.6 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
E.7 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED
BY REFERENCE (JAN 2008)
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: /POINT OF CONTACT/TITLE
E-MAIL ADDRESS
PHONE NUMBER
SAM UEI NO.
b. GOVERNMENT: Contracting Officer 36C255 Leslie Ross | leslie.ross2@va.gov
Department of Veterans Affairs
Network Contracting Office (NCO) 15
3450 S 4th Street Trafficway
Leavenworth KS 66048
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 Delivery and Acceptance of All Items
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.
Department of Veterans Affairs Financial Services Center https:www.fsc.va.gov/einvoice.asp
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1.00 EA __________________ __________________
Brand Name or Equal Kubota Compact Track Loader w/ 96.4 hp Turbo Diesel Engine, Enclosed ROPS/FOPS Cab, HVAC, 17.7" Wide Tracks, Hydraulic Coupler, Hi-Flow Hydraulics, Multi-function Grips, 14-pin Coupler
MANUFACTURER PART NUMBER (MPN): SVL97-2HFC
0002 1.00 EA __________________ __________________
Brand Name or Equal Upgrade package -Includes LED Work lights, 7" Multi-function Touch Screen, Keyless Start, Heated Air-Ride Seat
MANUFACTURER PART NUMBER (MPN): SVL97-3HFCC
0003 1.00 EA __________________ __________________
Brand Name or Equal 80in HD Low Profile Bucket w BOCE & Side cutters
MANUFACTURER PART NUMBER (MPN): AP-HD80LLC
0004 1.00 EA __________________ __________________
Special Application Door Polycarbonate
MANUFACTURER PART NUMBER (MPN): S6861
0005 1.00 EA __________________ __________________
Brand Name or Equal Strobe Light Kit
MANUFACTURER PART NUMBER (MPN): 77700-08686
0006 1.00 EA __________________ __________________
Delivery and Installation
GRAND TOTAL
B.3 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE
0001-0006 SHIP TO: Colmery O’Neil VAMC 2200 SW Gage Blvd Topeka, KS 66622
All 60 Days ARO
FOB: DESTINATION
SECTION C - CONTRACT CLAUSES
FAR Number Title Date
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (DEVIATION OCT 2025)
NOV 2023
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Clause)
FAR Number Title Date
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS
JAN 2017
52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE (DEVIATION) NOV 2025
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED
(DEVIATION NOV 2025)
JAN 2025
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS (DEVIATION NOV 2025)
NOV 2015
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION) NOV 2025
52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION) NOV 2025
52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION
(DEVIATION)
NOV 2025
52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES
(DEVIATION)
MAR 2026
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
(DEVIATION)
NOV 2025
52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025
52.223-23 SUSTAINABLE PRODUCTS (DEVIATION) NOV 2025
52.225-1 BUY AMERICAN—SUPPLIES (DEVIATION) NOV 2025
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING
WHILE DRIVING
MAY 2024
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (DEVIATION SEP 2025) FEB 2021
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR
AWARD MANAGEMENT
OCT 2018
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS
MAR 2023
52.233-3 PROTEST AFTER AWARD ALTERNATE I (JUN 1985) AUG 1996
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004
52.244-6DEV SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (DEVIATION OCT 2025)
JAN 2025
852.203-70 COMMERCIAL ADVERTISING MAY 2018
852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS NOV 2018
852.211-72 TECHNICAL INDUSTRY STANDARDS NOV 2018
852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT FOR DATA BREACH
COSTS ALTERNATE I
FEB 2023
852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE- NOV 2022
DISABLED VETERAN-OWNED SMALL BUSINESSES
852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018
852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020
852.246-71 REJECTED GOODS OCT 2018
852.247-71 DELIVERY LOCATION OCT 2018
852.247-73 PACKING FOR DOMESTIC SHIPMENT OCT 2018
C.2 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any VAAR (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of Clause)
C.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE
FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION)
(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—
(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:
(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.
(2) Manufacturer or nonmanufacturer representation and certification.
(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).
(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.
[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).
[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.
[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.
(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(iii) Prosecution for violating 18 U.S.C. 1001.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.
Certification
I hereby certify that if awarded the contract, _______ will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of
Printed Name of Signee: ___________
Printed Title of Signee: _____________
Signature: ____________
Date: ______________
Company Name and Address: _______________
(End of Clause)
(End of Addendum to 52.212-4)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
D.1 STATEMENT OF WORK
Replacement of Compact Track Skid Loader
*****All components and services are Brand Name or Equal *****
Background: The Topeka VA Medical Center Grounds Dept. requires a more long-term and affordable solution in performing their duties and other responsibilities concerning grounds maintenance – requiring more industrialized and heavier equipment. The purpose of this procurement is to obtain an updated compact track skid loader capable of completing heavy workloads that other machinery cannot do either efficiently or possibly at all and reducing the overall strain and resources on the department staff. The purchase of an updated compact track loader would prevent having to rent or lease equipment or having to contract work to be done for them, making it less expensive in the long term.
** Brand Name or Equal**
Scope: This procurement is for improving the capabilities and functions of the grounds department without having to incur costs through renting or leasing equipment to perform the work or having to contract out the work. The replacement compact track loader will be a cost savings decision on time and finances and improve project scheduling for the Topeka VAMC. In addition to the equipment requirements, there may be included incidental services of warranties, installation, support service and equipment accessories.
The Contractor shall provide all necessary onsite equipment, tools, labor and supervision required per the requirement and specifications herein.
The contractor (as the manufacturer or an authorized distributor) shall install and deliver new equipment only. No refurbished, returned or used equipment is permitted. All equipment provided must also include training at no cost for grounds department staff to service/repair/maintenance the machine.
Part A: Compact Track Skid Loader
Part B: Accessories/attachments
Part A: Compact Track Skid Loader
The Vendor shall provide a brand name or equal to compact track loader with the following specifications and requirements that are equal to or similar:
Emissions are to be Tier 4 without the requirement of Diesel Particulate filter or ReGen Engine to be 74 HP or higher Rated operating capacity minimum of 2,900 lbs.
Tipping load of 8200 lbs. or higher Liquid cooled (antifreeze) Reversible fan with auto mode Radiator to be high capacity.
Engine to be turbocharged for extra lugging power.
Two speed travel (high and low) Ground pressure not to exceed 6.2 psi to prevent excessive compaction.
Hydraulic system to include high and low flow.
Hydraulic relief pressure maximum of 3,500 psi Suspension to be 5 link torsion undercarriage.
Full joystick control Fully sealed and pressurized cabin with heat and air conditioning Back up alarm Back up camera
Full LED deluxe lighting Air ride seat Deluxe instrumentation Keyless start Radio 12-volt power accessory Hydraulic bucket positioning Auxiliary hydraulics Powered hydraulic attachment (not manual locking) Ride control Electronic monitoring to include automatic engine de-rating and hydraulic flow reduction if needed for preservation of engine/hydraulic components.
Telematics (gps, critical codes, remote monitoring, etc.)
Track lug pattern best adapted to snow removal on paved surfaces.
Clear side enclosure for viewing safety.
Optional side lighting 7 pin connection 2 year or 2,000 hr. full warranty 1 year (or better) warranty on tracks Ability to connect to/operate all VAMC currently owned attachments without modifications
Part B: Attachments
Appropriately sized smooth bucket (low profile) that covers the width of the loader’s tracks.
Appropriately sized tooth bucket (low profile) that covers the width of the loader’s tracks.
Consideration of the facilities current compact track loader and two buckets for trade in value.
Delivery: The machine and attachments will be delivered and installed at the Colmery O’Neil VAMC in Topeka, KS.
Service: Vendor must ensure that there is an available dealer of the brand of equipment within 30 miles of the campus for quick availability of parts, service and repair.
CONTRACT ADMINISTRATION DATA
a. All contract administration functions will be retained by the Department of Veterans Affairs. The Contracting Officer will be the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer will be authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized, and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.
ACRONYMS AND DEFINITIONS
CDR: Contract Discrepancy Report. Report issued by the Government to the contractor to document a supply or service found to be unacceptable during contract performance.
CLIN: Contract Line-Item Number. Unit of work (or service) to be performed (or delivered) by the contractor as a pay item.
CO: Contracting Officer. A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.
POC: An individual, authorized by the contracting officer to perform specific technical or administrative functions related to the contract.
SOW: Statement of Work: A document used to clearly define the government’s requirement.
HOURS OF OPERATION
(1) Business hours for the VAMC follow:
(A) Administrative hours: Monday through Friday, 8:00 a.m. - 4:30 p.m.
(B) National Holidays: The 11 holidays observed by the Federal Government are:
New Year’s Day;
Martin Luther King’s Birthday;
Presidents Day;
Memorial Day;
Juneteenth;
Independence Day;
Labor Day;
Columbus Day;
Veterans Day;
Thanksgiving;
Christmas; and any other day specifically declared by the President of the United States to be a national holiday.
(C) Off-Duty hours: Monday through Sunday 4:30 pm – 8:00 am.
SECTION E - SOLICITATION PROVISIONS
FAR Number Title Date
52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
SEP 2023
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Provision)
FAR Number Title Date
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE
CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS—REPRESENTATION
JAN 2017
52.204-7 SYSTEM FOR AWARD MANAGEMENT—REGISTRATION (DEVIATION) NOV 2025
52.214-21 DESCRIPTIVE LITERATURE APR 2002
52.225-18 PLACE OF MANUFACTURE AUG 2018
52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND
REPRESENTATION (DEVIATION SEP 2025)
JUN 2020
852.214-72 ALTERNATE ITEM(S) MAY 2018
E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
The evaluation of the proposals submitted in response to this solicitation will be conducted using the Lowest Price Technically Acceptable (LPTA). In the LPTA process, proposals are evaluated for acceptability but not ranked using non-price factors.
All proposals will be evaluated first for acceptability and if found to be technically acceptable, then award will be made based off the lowest price for the offer. If an offer is found to be technically unacceptable, then the offeror will be notified in writing of their unacceptability and referenced technical requirements as well as their removal from the competition. Failure to provide any of the deliverables listed constitutes a technically unacceptable offer outright.
Non-Price Factors:
1. Technical Capability –
(A) Meet the requirements of the provided salient characteristics
(B) Clearly identify items quoted by brand name and make/model number.
(C) If the quote is for other than brand name, include descriptive literature to show how the product meets the salient characteristics.
(D) If the items offered in the quote are being modified to meet the salients, the quote must clearly describe the modifications in the descriptive literature provided.
2. Authorized Distributor Letter - Offeror must provide a copy of their Authorized Distributor Letter with their Proposal.
3. VAAR Clause 852.219-76 VA Notice of Limitations on Subcontracting Certificate of Compliance -
Offeror must provide completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.
4. Past Performance: Offeror must have no less than two (2) years of satisfactory performance as the Prime Contractor.
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
E.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025) (DEVIATION)
(a) Definitions. As used in this provision-
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) (13 CFR 126.103).
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph
(b) of this provision.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
Small disadvantaged business concern, means a small business concern that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part
127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 333924.
(2) The small business size standard is 900 Employees.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(c) Representations.
(1) The offeror represents as part of its offer that—
(i) It [ ] is, [ ] is not a small business concern; or
(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not, a women-owned small disadvantaged business concern.
(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:
(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:
(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern.] The offeror represents as part of its offer that it [ ] is, [ ] is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]
(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.
(d) Notice.
Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—
(1) Punished by imposition of fine, imprisonment, or both;
(2) Subject to administrative remedies, including suspension and debarment; and
(3) Ineligible for participation in programs conducted under the authority of the Act.
(End of Provision)
E.4 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)
(a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.
(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select ‘‘no’’.
(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
(4) The terms ‘‘commercially available off-the-shelf (COTS) item,’’ ‘‘critical component,’’ ‘‘domestic end product,’’ ‘‘end product,’’ and ‘‘foreign end product’’ are defined in the clause of this solicitation entitled ‘‘Buy American— Supplies.”
(b) Foreign End Products:
Line Item No. Country of origin Exceeds 55% domestic content (yes/no)
[List as necessary]
(c) Domestic end products containing a critical component:
Line Item No.
[List as necessary]
(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.
E.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)
(a) Definitions. As used in this clause—
American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Covered article, as defined in 41 U.S.C. 4713(k), means:
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201- 1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Information technology, as defined in 40 U.S.C. 11101(6)—
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Kaspersky Lab-covered article means any hardware, software, or service that—
(1) Is developed or provided by a Kaspersky Lab-covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.
Kaspersky Lab-covered entity means—
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).
Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).
(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:
(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));
(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));
(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) 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) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act— covered foreign entities.
(1) Prohibition. The Contractor is prohibited from—
(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);
(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31); and
(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).
(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act— covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system.
Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.
(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made.
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