S02 - Combined Synopsis 36C25625Q0297 OR Equipment Lease.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information:

Document Type:

Solicitation Number:

Posted Date:

Questions Due Date/Time:

Response Due Date/Time:

Product or Service Code:

Set Aside:

NAICS Code:

Size Standard

Point of Contact:

Combined Solicitation/Synopsis

36C25625Q0297

March 06, 2025

March 13, 2025/12:00pm (CST) March 20, 2025/2:00pm (CST)

N/A

339112

1,000 Employees Kolbi Barton – Email:

kolbi.barton@va.gov

Contracting Office Address

Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Rd., Ste 750 Houston, TX 77056

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for

Evaluation and Solicitation for Commercial Items,” in conjunction with FAR Part 13.5 for Certain

Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular:

2024-05, 04-22-2024. This competitive solicitation is being issued as Unrestricted.

The associated North American Industrial Classification System (NAICS) code for this procurement is 339112, with a size standard of 1,000 employees.

The FSC/PSC is 6515.

Contractor is required to be actively in the System for Award Management (SAM). Contractor quote may be considered non-compliant and rejected if the Contracting Officer is unable to verify active registration status. The Department of Veterans Affairs (VA), Michael E. DeBakey VA Medical Center (MEDVAMC), is requesting a lease agreement for equipment and maintenance for the operating room.

See B.2 Price/Cost Schedule page 9 of this document for details regarding the Government’s requirement.

See E.1 52.212-1-Instructions to offerors pages 15 through 18 for deliverables.

mailto:kolbi.barton@va.gov

36C25625Q0297

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

ITEM LIST

B.3 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...10

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.10 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

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

SERVICES (NOV 2021)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

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: POC: __________________________

Address: ________________________

Phone: __________________________

Email: __________________________

UEI Number: _____________________

Tax ID Number: ___________________

b. GOVERNMENT: Kolbi Barton, Contract Specialist 36C256

Network Contracting Office 16

5075 Westheimer Road, Suite 750

Houston TX 77056-5643

Phone: 713-791-1414

Email: kolbi.barton@va.gov 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon receipt and acceptance by the Government

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.

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

AMENDMENT NO DATE

mailto:kolbi.barton@va.gov

B.2 STATEMENT OF WORK

STATEMENT OF WORK

FOR Operating Room Equipment and Service Lease

Background: The Michael E. DeBakey VA Medical Center (MEDVAMC)

Operating Room is requesting a new lease agreement for procurement of the equipment, maintenance, and service with option years for use by

Orthopedic Surgery and Neurosurgery. This equipment must be compatible so that it is integrated throughout the OR.

1. Project Scope:

LINE ITEM UNIT OF ISSUE QUANTITY

Base Monthly Equipment Payment

Month 60

Base Monthly Service Payment

Month 60

2. Supply Specifications – Requirements:

1. Able to be used as an integrated system throughout the OR

2. Able to add/delete equipment throughout the duration of the contract

3. Maintenance/service included

4. The C&A requirements do not apply, and a Security Accreditation Package is not required.

3. Warranty and Support:

The warranty and support must cover all components of the requirement in accordance with standard manufacturer’s warranty

Delivery Location:

OR

Michael E. DeBakey VA Medical Center 2002 Holcombe Boulevard Houston, TX 77030

ITEM LIST

ITEM # PRODUCT NUMBER PRODUCT DESCRIPTION UM QUANTITY

1 5100-004-000 TPS HANDPIECE CORD EA 12

2 5407-150-000 PI DRIVE 2 MOTOR EA 12

3 7400-034-000 TPX SAGITTAL SAW EA 12

4 5407-120-450 ELITE 7CM STRAIGHT ATTACHMENT EA 12

5 5407-120-452 ELITE 7CM ANGLED ATTACHMENT EA 12

6 5407-120-470 ELITE 12CM STRAIGHT ATTACHMENT EA 12

7 5407-120-472 ELITE 12CM ANGLED ATTACHMENT EA 12

8 5407-120-480 ELITE 14CM STRAIGHT ATTACHMENT EA 12

9 5407-120-482 ELITE 14CM ANGLED ATTACHMENT EA 12

10 5407-NF2-8CM NON FOOTED ATTACHMENT 8CM EA 12

11 5407-120-050 HD 9CM STRAIGHT ATTACHMENT EA 12

12 5407-FA2-000 FOOTED ATTACHMENT 16MM EA 12

13 5407-FA3-000 FOOTED ATTACHMENT 25MM EA 12

14 5400-210-060 MAESTRO PERFORATOR CHUCK EA 12

15 5407-478-000 SIGNATURE STERILIZATION TRAYLARGE, FULL EA 2

16 5420-100-000 BONE MILL+ BASE EA 2

17 5420-100-052 BONE MILL+ SOFTWARE EA 2

18 5420-101-000 BONE MILL+ PERFORATED TRAY EA 2

19 5402-007-000 CORE FOOTSWITCH EA 2

20 5400-052-000US CORE 2 CONSOLE EA 2

21 5407-150-000 PI DRIVE 2 MOTOR EA 5

22 5407-120-450 ELITE 7CM STRAIGHT ATTACHMENT EA 5

23 5407-476-000 SIGNATURE STERILIZATION TRAYSMALL, 1/2 EA 5

24 5450-400-000 S2 DRILL EA 5

25 5450-040-001 4.0 CM STRAIGHT ATTACHMENT ASM EA 5

26 5450-040-003 4.0 CM ANGLED IRR ATTACHMENT EA 5

27 5450-040-011 4.0CM STRAIGHT IRRIGATION CLIP EA 5

28 5407-476-000 SIGNATURE STERILIZATION TRAYSMALL, 1/2 EA 5

29 7400-034-000 TPX SAGITTAL SAW EA 5

30 7400-037-000 TPX RECIPROCATING SAW EA 5

31 5100-004-000 TPS HANDPIECE CORD EA 5

32 5450-040-011 4.0CM STRAIGHT IRRIGATION CLIP EA 5

33 1788-010-000 PKG, 1788 CAMERA CONTROL UNIT (CCU) EA 4

34 0220-240-300 PKG, L12 LED LIGHT SOURCE WITH AIM EA 4

35 0240-099-155 CONNECTED OR CART, 120 V EA 1

36 0240-031-311

32" 4K OLED SURGICAL DISPLAY WITH OLED DISPLAY

COVER KIT

EA 4

37 PC9200

SPY-QP FLUORESCENCE ASSESSMENT SOFTWARE,

NORTH AMERICA

EA 3

38 1788-210-105 PKG, 1788 4K CAMERA HEAD, C-MO EA 18

39 1788-610-122

PKG, 1788 4K CAMERA HEAD WITH INTEGRATED

COUPLER

EA 5

40 0233-050-400

FG, SAFELIGHT FIBER OPTIC CABLE WITH ADVANCED

IMAGING MODALITY, 5 MM

EA 5

41 0502-538-030K

SPY LAPAROSCOPE, AUTOCLAVABLE, DIA 5.4MM 30

DEG, 30CM AND SAFELIGHT ADAPTER KIT

EA 5

42 0502-538-010K

SPY LAPAROSCOPE, AUTOCLAVABLE, DIA 5.4MM 0

DEG, 30CM AND SAFELIGHT ADAPTER KIT

EA 5

43 0502-938-030K

SPY LAPAROSCOPE, AUTOCLAVABLE, DIA 10MM 30

DEG, 33CM AND SAFELIGHT ADAPTER KIT

EA 5

44 0502-938-010K

SPY LAPAROSCOPE, AUTOCLAVABLE, DIA 10MM 0 DEG,

33CM AND SAFELIGHT ADAPTER KIT

EA 5

45 PC9018

NO-WRAP REPROCESSING TRAY FOR ONE (1) CAMERA

HEAD

EA 1

46 0233-032-108

LAPAROSCOPE STERILIZATION TRAY (HOLDS 2

LAPAROSCOPES)

EA 1

47 0240-200-101 CONNECTED OR HUB VIP PACKAGE EA 4

48 9205-000-000 SYSTEM 9 DUAL TRIGGER ROTARY HANDPIECE EA 30

49 9206-000-000 SYSTEM 9 RECIPROCATING SAW EA 15

50 9208-000-000 SYSTEM 9 SAGITTAL SAW EA 15

51 8203-126-000 DUAL TRIGGER PIN COLLET 2.0 - 3.2MM EA 15

52 8203-026-000 DUAL TRIGGER WIRE COLLET 0.7 - 2.0MM EA 15

53 8203-133-000 1/4" (6.4MM) LOCKING KEYLESS CHUCK EA 30

54 6203-110-000 AO SMALL ATTACHMENT EA 15

55 6203-135-000 HUDSON/MODIFIED TRINKLE ATTACH EA 15

56 6203-215-000 DHS/DCS QUICK LOCK EA 15

57 6203-131-000 1/4" CHUCK W/KEY EA 30

58 6203-210-000 AO LARGE REAMER ATTACHMENT EA 15

59 7102-550-000 S7 4HP INSERT TRAY/CONTAINER EA 15

60 9215-000-000 SYSTEM 9 LARGE BATTERY EA 60

61 4605-000-000 SYSTEM 9 CORDLESS DRIVER EA 10

62 4608-000-000 SYSTEM 9 SABO SAGITTAL SAW EA 10

63 9212-000-000 SYSTEM 9 SMALL BATTERY EA 20

64 4405-554-000 TRAUMA PERFORATED CONTAINER EA 10

65 9110-120-000 S9 STERILE CHARGER EA 5

PROCARE

66 5407-000-000W SIGNATURE SERIES ATTACHMENT PROCARE MO 46

67 5407-300-000W PI DRIVE + MOTOR PROCARE MO 6

68 5407-150-000W PI DRIVE 2 MOTOR PROCARE MO 17

69 5400-052-000W CORE 2 CONSOLE PROCARE MO 7

70 5450-400-000W S2 DRILL PROCARE MO 5

71 5450-040-000W S2 STRAIGHT ATTACHMENT PROCARE MO 5

72 5450-040-002W S2 ANGLED ATTACHMENT PROCARE MO 5

73 5400-007-000W NSE FOOTSWITCH PROCARE MO 5

74 5402-007-000W PROCARE CORE FOOTSWITCH MO 2

75 5500-050-000W

SONOPET 110V CONSOLE WITH FOOT PEDAL AND

POLE PROCARE

MO 1

76 5500-255-000W SONOPET ANGLED HANDPIECE, UNIVERSAL PROCARE MO 2

77 7400-034-000W TPX SAGITTAL SAW PROCARE MO 12

78 5420-100-000W BONE MILL+ BASE PROCARE MO 2

79 5400-704-000W BONE MILL CABLE PROCARE MO 2

80 1788010000SC 1788 CAMERA CONTROL UNIT MO 4

81 0220240300SC L12 LIGHT SOURCE MO 4

82 0240031300SC SERVICE CONTRACT FOR 0240-031-300 MO 1

83 0240200100SC ANNUAL SERVICE CONTRACT FOR ITEM 0240-200-100 MO 1

84 1788210105SC 1788 AIM 4K CAMERA HEAD, C-MOUNT MO 18

85 1788610122SC

1788 AIM 4K CAMERA HEAD WITH INTEGRATED

COUPLER

MO 5

86 0502538030SC

SPY LAPAROSCOPE, AUTOCLAVABLE, DIA 5.4MM 30

DEG, 30CM PROCARE

MO 5

87 0502538010SC

SPY LAPAROSCOPE, AUTOCLAVABLE, DIA 5.4MM 0

DEG, 30CM PROCARE

MO 5

88 0502938030SC

SPY LAPAROSCOPE, AUTOCLAVABLE, DIA 10MM 30

DEG, 33CM PROCARE

MO 5

89 0502938010SC

SPY LAPAROSCOPE, AUTOCLAVABLE, DIA 10MM 0 DEG,

33CM PROCARE

MO 5

90 0502826030SC ANNUAL SERVICE CONTRACT FOR ITEM 0502-826-030 MO 1

91 0502344550SC ANNUAL SERVICE CONTRACT FOR ITEM 0502-344-550 MO 1

92 0502344560SC ANNUAL SERVICE CONTRACT FOR ITEM 0502-344-560 MO 1

93 0502344530SC ANNUAL SERVICE CONTRACT FOR ITEM 0502-344-530 MO 1

94 0502344510SC ANNUAL SERVICE CONTRACT FOR ITEM 0502-344-510 MO 1

95 0502304070SC ANNUAL SERVICE CONTRACT FOR ITEM 0502-304-070 MO 2

96 0502827030SC ANNUAL SERVICE CONTRACT FOR ITEM 0502-827-030 MO 1

97 0502823010SC ANNUAL SERVICE CONTRACT FOR ITEM 0502-823-010 MO 1

98 0502823030SC ANNUAL SERVICE CONTRACT FOR ITEM 0502-823-030 MO 1

99 0502819010SC ANNUAL SERVICE CONTRACT FOR ITEM 0502-819-010 MO 1

100 0502819030SC ANNUAL SERVICE CONTRACT FOR ITEM 0502-819-030 MO 1

101 ONSITE ONSITE SPECIALIST MO 1

102 8888882005 STRYKECAM HD-ONE YEAR PREVENT (NEW) MO 12

103 8888888777

CHROMOPHARE LIGHT (F-GEN) - ONE YEAR PREVENT

(NEW)

MO 49

104 8888888732 TELETOM BOOM - ONE YEAR PREVENT (NEW) MO 34

105 8888881099 FP/VPA/LEAD SHIELD-1 YEAR PREVENT (NEW) MO 35

106 8888888998 OPERON D-SERIES - ONE YEAR PREVENT (NEW) MO 11

107 8888888655 EIZO - ONE YEAR PROCARE PREVENT MO 1

108 9205-000-000W SYSTEM 9 DUAL TRIGGER ROTARY PROCARE MO 30

109 9206-000-000W SYSTEM 9 RECIPROCATING SAW PROCARE MO 15

110 9208-000-000W SYSTEM 9 SAGITTAL SAW PROCARE MO 15

111 9000-000-000W SYSTEM 9 ATTACHMENT PROCARE MO 45

112 9110-120-000W SYSTEM 9 STERILE CHARGER PROCARE MO 5

113 4605-000-000W SYSTEM 9 CORDLESS DRIVER PROCARE MO 10

114 4608-000-000W SYSTEM 9 SABO SAGITTAL SAW PROCARE MO 10

115 9215-000-000W SYSTEM 9 LARGE BATTERY PROCARE MO 30

116 9212-000-000W SYSTEM 9 SMALL BATTERY PROCARE MO 20

117 4000-000-000W CORDLESS/ROTARY ATTACHMENT PROCARE MO 10

118 7400-037-000W TPX RECIPROCATING SAW PROCARE MO 4

119 7400-034-000W TPX SAGITTAL SAW PROCARE MO 4

120 7400-031-000W TPX OSCILLATING SAW PROCARE MO 4

121 7400-099-000W TPX UNIVERSAL DRIVER PROCARE MO 4

122 7400-062-000W TPX ELECTRIC WIRE DRIVER PROCARE MO 4

123 7400-000-000W TPX ATTACHMENT PROCARE MO 8

124 7400-015-000W TPX MICRO DRILL PROCARE MO 4

125 6400-034-000W

REMB SAGITTAL SAW PROCARE*SERVICE

OBSOLESCENCE IS 12/31/2024

MO 7

126 6400-000-000W

REM B ATTACHMENT (PROCARE) - SERVICE

OBSOLESCENCE IS 12/31/2024

MO 14

127 6400-015-000W

REMB MICRO DRILL PROCARE -SERVICE

OBSOLESCENCE IS 12/31/2024

MO 7

128 6400-031-000W

REMB OSCILLATING SAW PROCARE - SERVICE

OBSOLESCENCE IS 12/31/2024

MO 7

129 6400-034-000W

REMB SAGITTAL SAW PROCARE - SERVICE

OBSOLESCENCE IS 12/31/2024

MO 7

130 6400-037-000W

REMB RECIP SAW PROCARE - SERVICE

OBSOLESCENCE IS 12/31/2024

MO 7

131 6400-062-000W

REMB DEDICATED DRIVER PROCARE - SERVICE

OBSOLESCENCE IS 12/31/2024

MO 7

132 6400-099-000W

REMB U-DRIVER PROCARE - SERVICE OBSOLESCENCE

IS 12/31/2024

MO 7

ROM FMV PRICING - 60 MONTHS

133 MONTHLY EQUIPMENT PAYMENT MO 60

134 MONTHLY PROCARE PAYMENT MO 60

135 TOTAL MONTHLY PAYMENT (60) MO 60

(Left Blank Intentionally)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12.00 MO __________________ __________________

Monthly equipment and service lease Contract Period: Base POP Begin: 04-25-2025 POP End: 04-24-2026 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

1001 12.00 MO __________________ __________________

Monthly equipment and service lease Contract Period: Option 1 POP Begin: 04-25-2026 POP End: 04-24-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

2001 12.00 MO __________________ __________________

Monthly equipment and service lease Contract Period: Option 2 POP Begin: 04-25-2027 POP End: 04-24-2028 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

3001 12.00 MO __________________ __________________

Monthly equipment and service lease Contract Period: Option 3 POP Begin: 04-25-2028 POP End: 04-24-2029 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

C.1 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 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.

(End of Clause)

C.2 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 ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 four (4) years.

(End of Clause)

C.3 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

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

JAN 2025

52.217-6 OPTION FOR INCREASED QUANTITY MAR 1989

52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY

PRICED LINE ITEM

MAR 1989

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.237-3 CONTINUITY OF SERVICES JAN 1991

852.246-71 REJECTED GOODS OCT 2018

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023)

(DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the

SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/

(see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13

CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to https://veterans.certify.sba.gov/ debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-

Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National

Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.9 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

Department of Veterans Affairs Michael E. DeBakey VA Medical Center Receiving Warehouse Building 100 2002 Holcombe BLVD Houston TX 77030-4298

(End of Clause)

C.10 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

(b) Mark deliverables, except reports, for:

(End of Clause)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

N/A

(Left Blank Intentionally)

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, 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 is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) 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.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition

Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of

Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the

Government reserves the right to conduct discussions if later determined by the Contracting

Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of

Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the

ASSIST website at https://assist.dla.mil.

https://assist.dla.mil/ https://assist.dla.mil/

(3) Defense documents not available from the ASSIST website may be requested from the

Defense Standardization Program Office by-

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity

Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address.

The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision) https://assist.dla.mil/feedback https://www.sam.gov/SAM/ https://www.sam.gov/SAM/

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:

• Factor 1: Technical

• Factor 2: Price

• Factor 3: Past Performance

(b) Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b)(3), where quotations will be compared to one another to determine which provides the best benefit to the Government.

(1) Under Factor 1 Technical, 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, statement of work, and based on the information requested in the instructions to offers section of this solicitation.

(2) Under Factor 2 Price, the Government will evaluate the quoted price for reasonableness by adding the total of all line-item prices, including all ordering periods.

The government will also compare the proposed prices with the Independent Government Estimate (IGCE) and quotes posed by other offers.

(3) Past Performance: Past Performance history will be reviewed through the Contractor Performance Assessment Reports System to assist in making the responsibility determination. Past Performance will be reviewed as part of the responsibility determination only.

(c) 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 shall not obligate the Government to exercise the option(s).

(d) 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 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual https://www.sam.gov/ representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

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 127, and the concern is identified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-

9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education;

or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13

CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38

U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits

Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the

SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to

SDVOSB concerns eligible under the SDVOSB Program.

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 size standards in this solicitation.

(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, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) 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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at

13 CFR 124.104(c)(2); 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 paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in

SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212–3, Offeror Representations and Certifications—Commercial

Products and Commercial Services, have been entered or updated…