S02 - Attachment 6 Tailored VAAR 852.240-70 Compliance with Public Law 119-37 Section 258.pdf

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6515--IDC CEILING LIFT REPLACEMENT CONTRACT FOR THE TOMAH VAMC LOCATED IN TOMAH WI, 54660
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36C25226Q0277
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About this file

This document is a Veterans Affairs Acquisition Regulation (VAAR) clause addressing compliance with Public Law 119-37, Section 258, effective March 2026.

The clause establishes mandatory restrictions on the procurement of covered information technology equipment (computers, printers, and interoperable videoconferencing equipment) used directly by the Department of Veterans Affairs. Contractors and offerors, along with their subsidiary or parent entities, are prohibited from being listed on four specific government entity lists: the Department of Defense's Chinese Military Company List, the Department of the Treasury's Non-SDN Chinese Military Industrial Complex Companies List, the Department of Commerce's Denied Persons List, Entity List, or Military End User List (if the entity is a People's Republic of China agency, instrumentality, or entity headquartered in or controlled by such an agency), and the Department of Homeland Security's Uyghur Forced Labor Prevention Act Entity List. Contractors must flow down these requirements to all subcontractors and vendors through their subcontracts and purchase orders. A completed, signed certification must be submitted with all bids, quotations, and proposals, with the requirement that contractors monitor the specified entity lists for continued compliance throughout contract performance and immediately notify the Contracting Officer of any changes that could result in noncompliance. Incomplete certifications render offers ineligible for evaluation and award.

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852.240-70 Compliance with Public Law 119-37, Section 258 [DEVIATION] [MAR 2026]

Definitions. As used in this clause –

Covered Information Technology Equipment means the following equipment used in an office environment: computers, printers, or interoperable videoconferencing equipment used in or by the Department of Veterans Affairs directly. ‘‘Covered information technology equipment’’ does not refer to services that use such equipment, including cloud services.

a. The contractor must adhere to the following requirements set forth in Public Law 119- 37, Section 258 regarding the procurement of Covered Information Technology Equipment:

1. A manufacturer, bidder, or offeror, or a subsidiary or parent entity of a manufacturer, bidder, or offeror of procured or purchased covered information technology equipment cannot be an entity or parent company of an entity listed on any of the following:

(i) Department of Defense’s Chinese Military Company List;

(ii) Department of the Treasury’s Non-SDN Chinese Military Industrial Complex Companies List;

(iii) Department of Commerce’s Denied Persons List, Entity List, or Military End User List, if the entity is—

(A) An agency or instrumentality of the People’s Republic of China;

(B) An entity headquartered in the People’s Republic of China; or

(C) directly or indirectly owned or controlled by an agency, instrumentality, or entity described in subparagraph (A) or (B); or

(iv) Department of Homeland Security’s Uyghur Forced Labor Prevention Act Entity List.

2. The contractor must include the terms and conditions of this clause in every subcontract or purchase order so that these disclosures will be binding on every subcontractor, third party, or vendor.

3. The following certification must be completed, signed, and returned with the contractor’s/offeror’s bid, quotation, or proposal. The Government will not consider offers for award from contractors/offerors that do not complete the certification. Any incomplete responses may be deemed ineligible for evaluation and award.

Certification:

I certify that [insert name of offeror]:

[] Is in compliance with the VAAR clause 852.240-70, Compliance with Public Law 119-37, Section 258 (DEVIATION] [MAR 2026]

I further certify that if awarded this contract, [insert name of offeror] will monitor the entity lists within this clause to ensure continued compliance for [insert name of offeror] and all of its subcontractors and will notify the Contracting Officer immediately with any change that may result in noncompliance. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name: ________________________________

Printed Title: __________________________________

Signature: ____________________________________

Date: ________________________________________

Company Name: _______________________________

(End of clause)]

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