S02 36C25926Q0839 - Combined Synopsis Solicitation - Pharmacy Pill Packagers - 36C259-26-AP-3532.docx

Request for Quote (RFQ) : 36C25926Q0839 Pharmacy Pill Packagers – Domestic End Products Only

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in RFO Part 8, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Government reserves the right to make no award from this solicitation.

* The deadline for all questions is 3:00pm MST, September 10th, 2026 All questions must be submitted in writing no later than the question cut-off date marked above. All questions will be answered officially through an amendment to the solicitation.

** Quotes are to be provided to luther.dickens@va.gov no later than 3:00pm MST, September 14th, 2026.

Quotes shall not be hand carried. Faxed quotes shall not be accepted. Emailed quotes are the only method of submitted quotes (4MB size limitation per email). The Government reserves the right to make award solely on initial Quotes received. Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation. This RFQ shall be completed in its entirety, and signed and dated, failure shall not be considered for award.

(ii) This is a Request for Quote (RFQ), and the solicitation number is 36C25926Q0839. The government anticipates awarding a firm-fixed price contract resulting from this solicitation.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026-01 effective March 13th, 2026.

(iv) The North American Industrial Classification System (NAICS) code for this procurement is 333993 with a small business size standard of 600 EMP. This solicitation is 100% set-aside for SDVOSB concerns.

(v) List of Line Items:

AP-3-115-2 – Auto-Printer 2” Plus (115V) - Domestic End Product Only.

Anticipated Lead Time:

(vii) Description of Requirements for the items acquired – (see line items above) The Jack C. Montgomery VA Medical Center in Muskogee, OK and James Mountian Inhofe VA Medical Center in Tulsa, OK is requesting Pharmacy Pill Packaging Systems.

STATEMENT OF WORK (SOW)

Eastern Oklahoma VA Health Care System (EOVAHCS) Provision and Installation of Automated Pill Packaging Systems

GENERAL PURPOSE:

Eastern Oklahoma VA Health Care System (EOVAHCS) requires a contractor to supply and install two automated unit dose packaging machines (pill packaging systems). One at the Jack C. Montgomery VA Medical Center (JCMVAMC) in Muskogee, OK and one at the new James Mountain Inhofe VA Medical Center (JMIVAMC) in Tulsa, OK. All in accordance with this statement of work, in a cost-effective, efficient, and safe manner, while supporting the VA Mission. The equipment requires delivery at the Locations and Delivery Times, according to this SOW.

BACKGROUND:

Both systems will be used to provide daily prepackaged medication to Veteran patients who are staying on the inpatient wards at both facilities. These systems will be connected to the VA Network.

DELIVERY AND INSTALLATION LOCATIONS:

JCMVAMC

1011 Honor Heights Drive Muskogee, OK 74401

JMIVAMC

440 S. Houston Ave.

Tulsa, OK 74127

The Contractor shall furnish all contract oversight, management, Technically Trained Personnel, OEM authorizations to support provision and installation of OEM products, applicable software/licenses, uniforms, equipment, tools, materials, supplies, storage, insurances, travel, shipping and delivery costs, and transportation necessary to provide the products, and associated installation, for EOVAHCS in accordance with this SOW. Any services associated with this product are considered non-personal services. The Contractor, its employees, agents, and subcontractors shall not be considered VA employees for any purpose of fulfilling the SOW and shall be considered employees of the Contractor.

Qualifications of Contractor:

For a contract of this size, scope and complexity, the successful Contractor must provide products and perform in a professional manner and quality as recognized by commercial industry standards as good to excellent. Contractor must provide to the COR and CO, and maintain for the life of the contract, written certification from the Original Equipment Manufacturer (OEM) that authorizes the Contractor to provide and install the products and software, as detailed in the Contractor’s quote and identified in this SOW.

EQUIPMENT SALIENT CHARACTERISTICS

The Contractor is required to provide the following systems, including installation and training, at the locations outlined in this SOW.

EOVAHCS requires:

· Two-Unit dose tablet and capsule packagers and all software with interfaces required to integrate into the existing pharmacy information system.

Equipment:

The Contractor is required to provide and install automated unit dose packaging machines capable of providing the EOVAHCS Pharmacies with efficient, accurate, state-of-the-art machine to pre-package unit dose medication for distribution to veterans on the wards at the JCMVAMC and JMIVAMC.

The two Automated Unit Dose Packaging Machines must have the following characteristics:

1. Automatic tablet/capsule packager

2. Tabletop Model that fits on existing workbench, no larger than 36″ L x 15″ W x 14″ H

3. Integrated tablet counter to ensure accurate dispensing of medication

4. Tamper-evident single-dose packaging

· Heat sealing that does not exceed 200°F in order to prevent degradation of medication during packaging

· Production capacity is at minimum 60 packages per minute

· Ability to adjust package length to accommodate various tablet and capsule sizes

· Direct thermal printer at least 300 dpi

· Produces scannable barcodes (meets FDA/VA barcode requirements)

· Linear and 2D barcode labeling

· Tall-Man Lettering

5. Packaging system software must have the following functions:

· Inventory control

· Stock level maintenance

· Medication management capabilities

6. User-accessible reporting features for user metrics and audit trails, including logs of user access, pharmacist verification, and machine activity.

7. All required software must be fully compatible with VA-issued Windows 10/11 systems.

8. On-site implementation and comprehensive operational/installation training delivered to pharmacy staff.

9. First year of software/firmware licensing (if required).

10. All accessories are necessary to accomplish intended function.

ANNUAL SOFTWARE AND MAINTENANCE SUPPORT

· Annual licenses and support for each system

· Base

· Option Year One

· Option Year Two

· Option Year Three

· Option Year Four

INSTALLATION, TRAINING AND SUPPORT

· Contractor will provide delivery, assembly, installation, and staff training.

· Coordinate delivery and installation with pharmacy leadership at both locations.

· Electronic user/repair manuals for each model/product and software installed must be provided at no additional cost.

· Installation includes unpacking, assembly/location placement, connection of utilities, activation, and initial validation/testing.

· Documentation/certification of all testing to be submitted to the Pharmacy leadership.

· Joint inspection upon completion; Contractor will address any deficiencies as noted by Pharmacy leadership and Biomed prior to final acceptance.

· Packaging and waste (e.g. shipping cartons) will be removed by the Contractor.

· Contractor will provide Excel inventory of serial numbers, IPs, and MACs for all devices installed.

· Contractor will perform functional verification of system

· Procedures for final acceptance testing to be approved by the VA before final acceptance and payment.

· Provide onsite training for pharmacy staff at both sites.

· Training to cover daily operation, cleaning, preventive maintenance, and troubleshooting.

· Provide all necessary training materials and contact information for support.

· Minimum one-year parts & labor warranty for each unit

· Access to technical support via phone/email during business hours

QUALITY

· Conformance Standards: All provisions in section "Safety and Compliance" shall be met.

VA STANDARD BUSINESS HOURS AND FEDERAL HOLIDAYS

· Hours: Normal duty hours are 0800 -1500, Monday through Friday, not including federal holidays. Whenever contact with a facility is required outside of normal duty hours, the Contractor shall coordinate these times with Pharmacy leadership.

· In accordance with 5 U.S.C. 6103, Executive Order 11582, and Public Law 94-97, the following national holidays are observed and for the purpose of this contract are defined as “Legal Federal official holidays.” Vendor shall not be required, nor is authorized to perform any work on the following US Government holidays:

New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day

In addition to the days designated as holidays, the Government observes the following days:

· Any other day designated by Federal Statute

· Any other day designated by Executive Order

· Any other day designated by the President of the United States to be a Federal holiday

SAFETY AND COMPLIANCE

The Contractor must perform services and ensure equipment functions in accordance with:

1. local, state, and federal Occupational Safety and Health guidelines and legislation, to include Occupational Safety and Health Administration (OSHA), the American National Standards Institute (ANSI) safety guidelines;

1. local, state, and federal Fire and Safety legislation and guidelines, to include VA Health Care System directives and legislation on Fire and Safety, as well as the latest published edition of NFPA-99 (Health Care Facilities Code)

REGULATORY REQUIRMENTS:

a. Food and Drug Administration (FDA) Quality System Regulation as stated in 21 CFR Part 820

b. Occupational Safety and Health Administration (OSHA)

Medical Center Policies

Each VA Medical Center has policies that are updated from time to time. Pharmacy leadership can provide more detailed information to the contractor upon commencement of the contract and throughout the term of the contract, as needed, especially policies regarding parking, possession of weapons, cell phone use and photography as well as smoking on VA property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.

INFORMATION SECURITY/PRIVACY REQUIREMENTS

Note to CS CO: Refer to Appendix A Checklist from Handbook 6500.6. The Contractor is required to perform a function that requires access to a VA system or VA sensitive information (e.g., system administrator privileged access to a VA system, or contractor systems or processes that utilize VA sensitive information).

Guidance from the checklist states that VA security policies apply. Contracting Officials need to work with the Program Manager or (procurement requestor), COR, PO, and ISSO to:

Include the appropriate risk designation of the contractors based on the PDAT determination.

Incorporate the security clause (Appendix B) into the contract involved and the appropriate security/privacy language outlined in Appendix C into the solicitation.

Determine if protected health information is disclosed or accessed and if a BAA is required.

(vii) Delivery and acceptance are to be F.O.B Destination (RFO 52.247-34) at the Veterans Affairs Medical Center, located at: The Jack C. Montgomery VA Medical Center, 1011 Honor Heights Drive, Muskogee, OK 74401 and James Mountian Inhofe VA Medical Center, 440 S. Houston Ave, Tulsa, OK 74127

(viii) 52.212-1, Instructions to Offerors-Commercial Items

ADDENDUM to RFO 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

a. 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 supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e., replacement parts) for VA Medical Centers. No remanufacturers or gray market items will be acceptable.

b. Offeror shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e., replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and services associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

c. The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost with the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

d. Any award made as a result of this solicitation will be made on an All or Nothing Basis.

e. State if quoted items are available and priced through offerors existing Government-wide Acquisition Contract (GWAC), GSA Multiple Award Schedule (MAS) contract, or VA-wide Acquisition Contract.

f. If the acquisition is set-aside for SDVOSBs/VOSBs, their socioeconomic status must be (Vet-Cert ) verified and visible in the Veteran Small Business Certification Pages (Vert-Cert): https://www.veterans.certify.sba.gov/ at the time of quote submission AND award, or will be considered non-responsive, and will NOT be considered for award.

g. Offerors are warned against contacting any VA personnel other than the Contracting Officer and Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and is found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations.

h. All proprietary information should be clearly and properly marked. If the Offeror submits annexes, documentation, attachments, or the like, not specifically required by this solicitation, such will count against the Offeror’s page limitations unless otherwise indicated in the specific volume instructions below.

i. All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote.

j. Submission of quote shall include the following volumes: (I) Price

Volume I – Price

Price - The offeror shall complete the pricing schedule provided in Section (v) above: Price/Cost Schedule.

(End of Addendum to 52.212-1)

(ix) 52.212-2, Evaluation--Commercial Items

ADDENDUM to RFO 52.212-2 EVALUATION—COMMERCIAL ITEMS:

(a) This is FAR Part 13 acquisition. 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 considering price only. The following factors should be used to evaluate offers:

Price – The Government will evaluate offers by adding all line-item prices - the Total of All CLINS will be that sum. The Government may use various price analysis techniques and procedures to make price reasonableness determination. Offers that do not meet the technical capability requirements of the Statement of Work shall not be selected regardless of price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options should not obligate the Government to exercise the option(s).

(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.

(c) The following factors shall be used to evaluate quotations:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement

Factor 2. Completion of “Attachment - VAAR Clause 852.219-75/6 VA Notice of Limitations on Subcontracting- Certificate of Compliance for Services/Supplies and Products (DEVIATION)”

Factor 3. Price

Factor 4. Delivery Lead Time

Factor 5. Submission of Buy American/Trade Agreements Certificate

Factor 6. Submission of Authorized Distributor Letter

(d) Evaluation Approach. 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 Government will use comparative analysis. The following factors will be used to evaluate offers:

Factor I. Technical capability or quality offered to meet the Government requirement:

The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

Factor 2. Completion of “Attachment - VAAR Clause 852.219-75/6 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Services/Supplies and Products (DEVIATION)”:

The Government will evaluate the responses an offeror makes to Attachment - VAAR Clause 852.219-75/6 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Services/Supplies and Products (DEVIATION)” for completeness. If an offeror fails to complete Attachment - VAAR Clause 852.219-75/6 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Services/Supplies and Products (DEVIATION)” their quote will be determined ineligible for award.

Factor 3. Price:

The Government will evaluate the price by adding the total of all line-item prices, including all options. The Government may use various price analysis techniques and procedures to make price reasonableness determination. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement shall not be selected regardless of price.

Factor 4. Delivery Lead Time:

The Government will evaluate delivery lead time in addition to other evaluation factors specified above and select the quoter/offer whose bid is most advantageous to the Government.

Factor 5. Submission of completed Buy American/Trade Agreements Certificate:

The Government will evaluate the information provided in the completed Buy American/Trade Agreements Certificate for compliance with FAR Part 25. Priority may be given to products made in the US.

Factor 6. Submission of Authorized Distributor Letter:

Vendor eligibility will be determined – in addition to other evaluation factors above – by the submission of a proper OEM letter (see VAAR 852.212-71(c)) from the manufacturer of the products included in the quote.

**The Government may consider an award to other than the lowest priced quoter/offeror if it’s in the best interest of the Government.**

If offeror does not provide all volumes as outlined in RFO 52.212-1 Instructions, the offer may be considered non-responsive.

(e) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s)

(f)

(End of Addendum to 52.212-2)

(x) Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications

– Commercial Items, with the offer.

(xi) 52.212-4, Contract Terms and Conditions--Commercial Items – applies to this acquisition.

Any inconsistencies in this solicitation or contract shall be resolved by giving precedence IAW 52.212-4(r). By submitting a quote, the offeror understands that quotes will not be referenced in 1449 and clauses incorporated in the solicitation will dictate the contract. All offerors shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under the contract IAW RFO 52.212-4(q). The Government reserves the right to deny requests for clause changes that are not included in this solicitation should the request be inconsistent with the RFO or VAAR.

(xii) Additional contract requirements or terms and conditions:

52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to the prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(vi) The following RFO clauses are incorporated by reference:

(xiii) Additional contract requirements or terms and conditions:

52.219-14 Limitations on Subcontracting

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

□ By the end of the base term of the contract and then by the end of each subsequent option period; or

□ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

52.222-90 Addressing DEI Discrimination by Federal Contractors

Addressing DEI Discrimination by Federal Contractors (Deviation DATE)

(a) Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

52.225-1 Buy American-Supplies (Oct 2022)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Revolutionary FAR Overhaul (RFO) (2.101).

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at 25.105 .

Domestic end product means—

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured end product mined or produced in the United States.

(ii) An end product manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of "cost of components".

End product means those articles, materials, and supplies to be acquired under the contract for public use.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an end product other than a domestic end product.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see 12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.

(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.

(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."

(End of clause)

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 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:

(b)[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.

(End of provision)

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/

The following RFO clauses are incorporated by reference:

The following VAAR clauses are to be incorporated by reference:

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 (FAR) http://www.va.gov/oal/library/vaar/index.asp (VAAR)

The following RFO clauses are incorporated by reference:

The following RFO clauses are incorporated by reference:

52.219-6 - Notice of Total Small Business Set-Aside.

(xiv) The Defense Priorities and Allocations System (DPAS) does not apply.

(xv) Date and Time offers are due to Luther.Dickens@va.gov by 3:00pm MST, September 14th, 2026.

(xvi) Name and email of the individual to contact for information regarding the solicitation:

Luther Dickens luther.dickens@va.gov

Attachment:

Certificate of Compliance