S02 - RFQ 36C25926Q0862.docx

Request for Quote (RFQ) #: Uninterrupted Power Sources (UPS) Battery Replacements and Maintenance Support Services

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with Revolutionary FAR Overhaul (RFO) Part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued. The Government reserves the right to make no award from this solicitation.

* The deadline for all questions is 12:00pm CST, (September 18th, 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 john.cheng2@va.gov and thomas.parsons2@va.gov no later than 12:00pm CST, (September 22nd, 2026).

Quotes shall not be hand carried. Faxed quotes shall not be accepted. Emailed quotes are the only method of submitted quotes (4MB email limit). The Government reserves the right to make the 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 (36C25926Q0862). 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 17, 2026.

(iv) The North American Industrial Classification System (NAICS) code for this procurement is (811210) with a business size standard of ($34 Million). This solicitation is 100% set-aside for (SB).

(v) List of Line Items;

Base Year Period: 09/25/2026-09/24/2027

Option Year 1 Period: 09/25/2027-09/24/2028

Option Year 2 Period: 09/25/2028-09/24/2029

Option Year 3 Period: 09/25/2029-09/24/2030

Option Year 4 Period: 09/25/2030-09/24/2031

(vi) Description of Requirements for the items/Services to be acquired: (Statement of Work):

Please Review the Statement of Work in a separate attachment *Buy American – Vendors are shall include quotes with (all) products manufactured within the U.S. whenever possible although quotes with non-domestic products will not be excluded from the solicitation.

· Vendors are required to complete the FAR 52.225-2 Buy American Certificate below and include with their quote in order to verify the Country of Origin (COO) of products included in their quote.

*FOB shall be destination *Cut sheets and specification sheets proving the offered product meets all testing specifications and salient characteristics shall be included with the quote *Quotes shall annotate the expected date of delivery to the specified location *Quotes shall be accompanied by an authorization letter consistent with the requirements of VAAR 852.212-71(c).

*Failure to meet the salient characteristics below will result in the offeror’s quote not being considered for award.

*Failure to provide the required documents or information (information documents, quote with accurate costs, delivery lead time, Buy American certificate, clause VAAR 852.219-76, and/or authorized distributor letter) by the quote deadline will result in the offeror’s quote not being considered for award.

(vii) Delivery and acceptance are to be F.O.B Destination (RFO 52.247-34) at:

Veterans Health Administration (VHA) Member Services 4800 Memorial Drive, Bldg. 90 Waco, Texas 76711

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

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

(b) 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.

(c) If the acquisition is set-aside for SDVOSBs/VOSBs, their socioeconomic status must be verified and visible in the SBA Small Business Certification (SBS): https://search.certifications.sba.gov/ at the time of quote submission AND award, or will be considered non-responsive, and will NOT be considered for award.

(d) 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 found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations.

(e) All proprietary information shall 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.

(f) 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.

(g) ADDENDUM to RFO 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

Submission of quote shall include the following volumes: (I) Technical capability or quality of the item offered to meet the Government requirement; (II) - Completion of “Attachment - VAAR Clause 852.219-75/6 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Services/Supplies and Products (DEVIATION)”; and (III) Price; (IV) Buy American Certificate; and (V) Letter of Authorized Distributor (VAAR 852.212-71 (c), as applicable.

Volume I - Technical capability or quality of the item offered to meet the Government requirement The offeror shall submit evidence that they met the following capabilities:

Does your firm hold Eaton-authorized service provider status in its own name (not through a teaming partner or subcontractor)? Please provide documentation.

Does your firm hold OEM training certification for Mitsubishi UPS/UPM systems, or will this be performed by a subcontractor? If subcontracted, identify the subcontractor and their certification status.

Are your field technicians who would perform this work full-time W-2 employees of your firm, or 1099/subcontracted labor?

. What is the physical location of the technician(s)/branch office that would be dispatched to Waco, TX, Bldg. 90, and what is the average drive time to that site?

Describe your firm's after-hours (4:00 PM–7:00 AM CST, weekends/holidays) staffing model. Do you maintain an in-house 24/7 on-call rotation, or is after-hours emergency coverage handled by a third party (e.g., an answering service or subcontracted emergency dispatch)?

Contractor and Technician minimum 3 of Years Technician must have Hold a valid journeyman electrician license or equivalent credential recognized in the State of Texas (including Texas Department of Licensing and Regulation (TDLR) electrical contractor licensing where applicable), or demonstrate equivalent documented UPS technical training from an OEM or accredited training program;

Technician must Hold a current OSHA 10-Hour General Industry Safety and Health certification (all on-site technicians, not supervisors only);

Supervisor must hold a minimum OSHA 30-Hour General Industry certification, shall be on-site during all periods of work performance.

Volume II - 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 offeror shall complete the provision VAAR 852-219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction.

Offeror must list any/all subcontractors (and their size standard IAW NAICS 811210 if they will be utilized for this requirement AND what they will be performing. How is your firm going to comply with Limitations on Subcontracting requirements? If no subcontractors will be used, please state “No Subcontractors will be used for this requirement” in the response.

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

Volume IV – Buy American/Trade Agreements Certificate The offeror shall complete and submit the included 52.225-2 Buy American Certificate/52.225-6 Trade Agreements Certificate.

Volume V – Letter of Authorized Distributor If the offeror is not an OEM, then the offeror shall submit a verifying authorization letter or other documents from the OEM consistent with the requirements of VAAR 852.212-71(c). Verifying letter must be from the OEM.

(End of Addendum to 52.212-1)

(ix) 52.212-2, Evaluation--Commercial Items applies to this acquisition.

ADDENDUM to RFO 52.212-2 EVALUATION—COMMERCIAL ITEMS:

(a) The Government will award a contract resulting from this solicitation to the offeror responsible whose offer conforming to the solicitation will be most advantageous to the Government considering price and other factors.

(b) 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. Submission of Buy American/Trade Agreements Certificate

Factor 5. Submission of Authorized Distributor Letter

Factor 6. Past Performance

(c) 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 a 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. 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 5. 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.**

Factor 6. Past Performance: The vendor offeror is not required to submit past performance references, questionnaires, or supporting documentation as part of their offer. The Government will evaluate each Offeror's past performance to assess the relative risk associated with the Offeror's likelihood of successfully performing the requirements of this solicitation. Past performance will be evaluated based on the Government's independent assessment of the Offeror's record of performance on relevant prior or ongoing contracts. The Government will independently obtain past performance information through any and all available sources, including but not limited to:

The Government reserves the right to consider past performance information from any Federal, state, local, or commercial contract the Offeror has performed that is relevant to the scope of this requirement, regardless of whether that contract is identified by the Offeror in its proposal. An Offeror with no identifiable relevant past performance history will not be evaluated favorably or unfavorably on this factor and will receive a neutral rating.

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

(d) 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)

(End of Addendum to 52.212-2)

(x) 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.

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

Employee Class Monetary Wage-Fringe Benefits Statute

(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.

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)

852.204-70 Personnel Identity Verification of Contractor Personnel (MAR 2026)

(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when physical access to VA facilities, and/or logical access to VA information and VA information systems is required.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require physical access to VA facilities and/or logical access to VA information and VA information systems.

(End of clause)

852.204-72 Personnel Identity Verification of Contractor Personnel (MAR 2026)

(a) Definitions. As used in this clause –

VA Information system is the same as information system and means, pursuant to 38 U.S.C. 5727, a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information whether automated or manual.

VA sensitive information means all VA data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information and includes sensitive personal information. The term includes information where improper use or disclosure could adversely affect the ability of VA to accomplish its mission, proprietary information, records about individuals requiring protection under various confidentiality provisions such as the Privacy Act and the HIPAA Privacy Rule, and information that can be withheld under the Freedom of Information Act. Examples of VA sensitive information include the following: individually-identifiable medical, benefits, and personnel information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information; information that is confidential and privileged in litigation such as information protected by the deliberative process privilege, attorney work-product privilege, and the attorney client privilege; and other information which, if released, could result in violation of law or harm or unfairness to any individual or group, or could adversely affect the national interest or the conduct of Federal programs.

(b) General. Contractor personnel assigned to work for or on behalf of VA must undergo a background investigation commensurate with the risk and sensitivity level designation associated with the work to be performed at the level indicated in the contract. The Contractor and subcontractors shall comply with VA Directive/Handbook 0710, Personnel Security and Suitability Program, which can be accessed at: https://vaww.va.gov/vapubs/index.cfm

(c) Risk and Sensitivity Levels. The following table identifies the risk and sensitivity levels that apply to any personnel providing services under this contract.

*VA Administrations, organizations and staff offices will use the OPM Position Designation Tool.

Positions/Tasks Designated as Non-Sensitive Positions - Tier 1/Low Risk

N/a

Positions/Tasks Designated as Non-Sensitive Positions- Tier 2/Mod Risk

N/a

Positions/Tasks Designated as Non-Sensitive Positions - Tier 4/High Risk

N/a

Security clearances are granted to individuals with a specific requirement for access to classified material (for example, Confidential, Secret and Top Secret). Contractor personnel that are required to obtain a security clearance will be subject to a Tier 3 or Tier 5 investigation. The following sensitivity designations have been assigned for the identified Tier 3 and Tier 5 required by this contract:

Tier 3: Not Applicable

Tier 5: Not Applicable

(d) Fitness. The results from a background investigation are used to determine if an individual’s fitness is sufficient for that individual to perform work for or on behalf of VA in the position identified in this contract. Contractor fitness determinations are made in accordance with 5 CFR Part 731.202.

Fitness requirements for employment are separate and distinct from job qualifications. If a Contractor or subcontractor employee is found to be unsuitable or unfit to provide services under this contract, the Contractor shall immediately remove the employee from working on this contract and take those necessary steps that restrict the employee’s logical access to VA data, information, VA sensitive information, or information technology or VA information systems containing such data or information.

The Contractor shall advise the employee that they are not permitted to access any VA controlled building or real property in relation to this contract.

The removal of an unfit Contractor or subcontractor employee does not alleviate the Contractor from satisfying the requirements of this contract. The Government will not reimburse the Contractor for any costs associated with the recruitment/replacement of an employee or subcontractor employee who is found to be unfit.

(e) Identification Cards. The Government will provide a Personal Identification Verification (PIV) card or other identification card, as necessary, to fit Contractor personnel who require physical access to VA facilities and/or logical access to VA data, information, VA sensitive information, or information technology or VA information systems containing such data or information. Contractor and subcontractor personnel shall prominently display their PIV/identification card on their persons while working at a VA facility and shall present their PIV/identification card for inspection upon request by a VA official. The Contractor must surrender the employee or subcontractor employee’s PIV/identification card in accordance with the requirements set forth in Directive/Handbook 0735 when any of the following events occur:

1. When no longer needed for contract performance.

2. Upon completion of the Contractor/subcontractor employee’s employment.

3. Upon contract completion or termination.

(f) Lost/stolen. Immediately upon detection, the Contractor shall report a lost or stolen PIV/identification card to the Government authorities as identified in Directive/Handbook 0735. Within 48 hours of reporting the lost/stolen PIV/identification card, the Contractor shall submit to the Program Manager an incident report that describes the relevant facts and circumstances regarding the loss/theft. If the loss/theft was reported by the Contractor to the local police, the Contractor shall further submit a copy of the final police report to the Program Manager within 48 hours of the report being made available by the local police department. The Government will not reimburse the Contractor for any costs that result from lost/stolen PIV/identification card(s).

(g) Regular Reporting. The Contractor shall submit a status report to PIV Sponsor within 5 working days after the end of each calendar quarter and as requested by the Government in order to initiate contract closeout procedures. The report must provide the status of each contractor/subcontractor employee who is required to have a PIV/identification card during the performance of the contract. The report shall identify the Contractor and the contract number, and list the following status for each contractor/subcontractor employee who holds a PIV/identification card under this contract:

1. Contractor/subcontractor employee name.

2. Name of VA facility where Contractor/subcontractor employee works, if applicable.

3. Date background check submitted for Contractor/subcontractor employee.

4. Date PIV/identification card issued to Contractor/subcontractor employee.

5. Contractor/subcontractor employee’s PIV/identification card number, as applicable.

6. Date Contractor/subcontractor employee no longer has need for PIV/identification card.

7. Date Contractor notified VA that PIV/identification card is no longer required.

8. Date Contractor returned PIV/identification card was returned to VA.

(h) Flow down of clause. The Contractor shall include the substance of this clause in subcontracts, third-party agreements, and BAA’s, in which subcontractors, third-party servicers/employees, and business associates will perform functions where they will have physical access to a VA facility or logical access to VA data, information, VA sensitive information, or information technology or VA information system containing such data or information.

(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 Federal Acquisition Regulation (FAR) 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

(1) 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 FAR 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 a 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."

Alternate I (OCT 2022). As prescribed in 25.1101(a)(1)(ii) substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of ‘‘domestic end product’’ in paragraph (a): (A) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components.

(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…