S02 RFQ 36C26026Q0113 Zeiss Service.docx

SUBJECT*

Zeiss Surgical Microscope Services Base Plus 3 Option Years

GENERAL INFORMATION

Network Contracting Office 20 1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

POINT OF CONTACT*

Maureen Sundstrom Contract Specialist Maureen.Sundstrom@va.gov

PLACE OF PERFORMANCE

Portland VA Healthcare System

3710 SW US Veterans Hospital Road

Portland OR

ADDITIONAL INFORMATION

Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

DESCRIPTION

This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products,” 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 is a Request for Quote (RFQ), and the solicitation number is 36C26026Q0113. The Government anticipates awarding a firm-fixed price service order from this solicitation.

This is a solicitation for Zeiss Surgical Microscope Services, Base Plus Three Option Years. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-06 Effective October 01, 2025.

This solicitation is 100% set aside for small business. The associated North American Industrial Classification System (NAICS) code for this procurement is 811210, with a small business size of $34 Million, and the PSC is J065.

The Department of Veterans Affairs, Veterans Healthcare Administration, Regional Procurement Office West, Network Contracting Office 20, on behalf of the VA Portland Healthcare System, is seeking the following Service and Support in compliance with the below Statement of Work.

Pricing Table

Base Year: 02/17/2026-02/16/2027 Contractor to provide full-service preventative maintenance and repair services for Two (2) Carl Zeiss Kinevo 900 in accordance with the Statement of Work

1 YR

Base Year: 02/17/2026-02/16/2027

Contractor to provide full-service preventative maintenance and repair services for One (1) Carl Zeiss Tivato 700 devices in accordance with the Statement of Work

1 YR

Option Year One: 02/17/2027-02/16/2028 Contractor to provide full-service preventative maintenance and repair services for Two (2) Carl Zeiss Kinevo 900 in accordance with the Statement of Work

1 YR

Option Year One: 02/17/2027-02/16/2028 Contractor to provide full-service preventative maintenance and repair services for One (1) Carl Zeiss Tivato 700 devices in accordance with the Statement of Work

1 YR

Option Year Two: 02/17/2028-02/16/2029

Contractor to provide full-service preventative maintenance and repair services for Two (2) Carl Zeiss Kinevo 900 in accordance with the Statement of Work

1 YR

Option Year Two: 02/17/2028-02/16/2029 Contractor to provide full-service preventative maintenance and repair services for One (1) Carl Zeiss Tivato 700 devices in accordance with the Statement of Work

1 YR

Option Year Three: 02/17/2029-02/16/2030 Contractor to provide full-service preventative maintenance and repair services for Two (2) Carl Zeiss Kinevo 900 in accordance with the Statement of Work

1 YR

Option Year Three: 02/17/2029-02/16/2030

Contractor to provide full-service preventative maintenance and repair services for One (1) Carl Zeiss Tivato 700 devices in accordance with the Statement of Work

1 YR

TOTAL

STATEMENT OF WORK (SOW)

Background: The Zeiss Kinevo and Tivato surgical microscopes are used to enhance visualization/navigational capabilities during surgical procedures. Each of the components covered in this contract have a specific and vital function in the operation and optimization of the surgical microscopes to provide efficient and effective patient care.

Scope of Work: The contractor shall provide all resources necessary to provide service coverage of the surgical microscopes and any ancillary equipment needed to accomplish emergency (unscheduled) and preventative maintenance inspections, mandatory software upgrades, and repairs for equipment. The contractor ensures the proper functioning and safety of the equipment at the completion of inspection/repairs.

Performance Period: The period of performance of the contract is 12 months from the date of the award. Work at the government site shall not take place on Federal holidays or weekends unless preapproved in writing by the Contracting Officer.

Type of Contract: Firm Fixed Price single-year full-service maintenance and repair Place of Performance: VA Portland Healthcare System–Portland, OR – Operative Care Performance Tasks:

1. General Requirements:

i. Contractor shall provide all parts, labor, transportation, and supervision to perform emergency (unscheduled) and preventative maintenance inspections and repairs of the equipment and associated software.

ii. A “Field Service Report” (FSR) shall be generated, and a copy given to the VA Portland Hospital’s Point of Contact (POC) or designee after completion of any maintenance events. It is preferred that this FSR be provided electronically if possible.

iii. The contractor’s representative shall coordinate all on-site work with the medical center POC prior to performing service at the VA Portland Hospital.

2. Specific Mandatory Tasks and Associated Deliverables:

i. Preventative Maintenance (PM):

a. Preventative maintenance (PM) shall be performed by factory-trained and authorized service representatives or service technicians.

b. Preventive maintenance procedures to match the manufacturers’ recommended frequency per published service manual. Each visit includes:

1. Planned maintenance

2. Calibration of the Product

2. Functional checks

3. All PM parts, required replacement parts, labor, and travel/travel-related costs, excluding consumables.

c. All PM services shall be performed during normal business hours (8:00am to 5:00pm) and any deviations must be requested with the POC and approved by the Contracting Officer. If non-standard hours are necessary for PM, the Government will provide access during non-standard hours to the clinical area. Contractor shall include non-standard hours for PM at no additional cost to the Government.

d. PM inspections frequency will depend upon system configuration and will be determined following an initial inspection. During the PM visit, the Contractor shall perform preventative maintenance to correct any equipment malfunctions and assure that the equipment meets manufacturer’s factory specifications. Any calibration procedures or adjustments necessary to assure accurate and reliable equipment operation shall be performed at this time, with subsequent calibration certificates provided within 10 days after completion of work. Preventative maintenance shall be performed in accordance with the original equipment manufacturer’s published procedural guidelines.

e. The Contractor shall contact the POC no later than ten (10) workdays prior to a scheduled service visit to confirm availability of the equipment.

f. The Contractor shall provide telephone support services with unlimited telephone support. Priority scheduling of on-site service requirements with minimized delay of patient services will be required.

ii. Emergency Service Calls:

a. Contractor shall provide on-site emergency field service support for the covered equipment for issues that cannot be resolved by telephone or through remote support. Emergency field service support includes non-standard business hours coverage. To qualify as an emergency service event, Customer must declare the equipment “down,” cease treatment and make the equipment available to contractor service personnel immediately.

b. For each emergency service visit initiated at the request of the POC or designee, the Contractor shall furnish all labor, material, repair parts, equipment (not to include operating supplies) and travel necessary to correct any equipment malfunctions and return equipment to operational condition. The Contractor shall guarantee that, at the conclusion of any emergency maintenance performed, the equipment will meet manufacturer’s factory specifications. Unlimited emergency service calls are provided during the annual contract period.

c. After each service call, the Contractor shall submit a list containing each part installed to the POC or designee.

d. The Contractor shall provide the POC or the designee with any service representative names, address, and phone number, so that the VA Medical Center may obtain emergency maintenance service after normal VA working hours. The Contractor is responsible for notifying POC or the designee within twenty-four (24) hours of any changes in the emergency response information.

e. Emergency service coverage shall be provided 24 hours per day, 7 days per week. Any service not covered under this contract must have prior approval of the Contracting Officer or designee before any work is performed. A two (2) hour response time is required. Response time is defined as time vendor is first notified until time vendor arrives on station. Telephone response is 15 minutes.

iii. Other included service:

a. Contractor guarantees that the covered system will achieve an uptime of 97% or better or a percentage credit will be provided back to the Government if contractor fails to meet uptime objective.

b. Contractor will perform all mandatory safety and reliability modifications for the covered equipment during standard business hours at mutually agreed upon dates and times.

c. Contractor will provide all parts necessary to keep the covered equipment functioning normally excluding consumables.

d. Contractor will provide all major software upgrade releases on covered equipment by installing the most recent production version and provide the associated training.

e. Contractor will provide all optional maintenance releases and service packs released for the covered equipment with all associated training.

f. Contractor help desk specialists will provide technical support and clinical product support for the covered equipment over telephone and e-mail during standard business hours.

g. Contractor will provide on-site field service support for the covered equipment during standard business hours and non-standard business hours for issues that cannot be resolved by telephone or through remote support.

h. Contractor will undertake every business effort to transport the parts to customer site as fast as reasonably possible.

Security:

Contractor shall report to Biomedical Engineering Office to obtain vendor identification badging and to check in before being escorted to the clinical area for service.

1. All mobile media (i.e., flash drives, CD/DVD disks, etc.) that are required to complete the repairs on the equipment listed in Attachment 1 must be given to Biomedical Engineering to be scanned for viruses prior to being connected to VA equipment. Any mobile media for equipment that is removed for replacement or disposal must be surrendered to Biomedical Engineering for media sanitization and destruction. If the vendor must connect a vendor-owned laptop to perform the repairs, they must show proof that the laptop has current anti-virus software and that a recent scan shows no infections on the laptop.

Schedule of Deliverables:

Document of necessary repairs accomplished (service report) will be forwarded when the service is completed, and equipment is returned to use. This shall be completed within 14 days from completion of service. If the contractor requires a longer period of time to complete the service report, a written justification shall be sent to the end user and Contracting Officer for approval.

Changes to Statement of Work:

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

Contractor Experience Requirements—Key Personnel:

Contractor personnel shall be OEM certified or evidence of equivalent capability. All tasks shall be accomplished in accordance with the manufacturer’s standards.

Travel for Installation, Implementation and Training.

The Government anticipates Contractor travel under this contract. No travel costs will be reimbursed by VA.

The Government acknowledges the use of remote access for training and implementation purposes, within the constraints of all applicable VA Information Security Requirements

Government Furnished Equipment/Information.

The Contractor shall be allowed access to Government equipment to perform the necessary upgrades. No Government-owned property will be transferred into the Contractor’s control.

Invoicing.

Invoices shall be submitted electronically via the Financial Services Center Mandatory Electronic Invoice System, upon VA acceptance. Invoices must include, at a minimum, the following information:

· Contractor name

· Purchase order number

· Period of service the billing covers

· a list of equipment items covered during the stated period of performance.

Electronic Submission of Payment Requests: http://www.fsc.va.gov/einvoice.asp. Electronic payments are net 30 days.

Hours of Coverage & Federal Holidays.

Service will be provided during regular coverage hours of 8:00am to 5:00pm, Monday through Friday, excluding federal holidays. The contractor shall contact the POC or his/her designee prior to commencing any work on the premises.

Federal Holidays are:

Any declaration of other public holidays by the President of the United States.

1. VA Information and Information System Security/Privacy Language

a. General

i. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

b. Access to VA Information and VA Information Systems

i. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

ii. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

iii. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

iv. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html http://www.va.gov/oal/library/vaar/index.asp

The following solicitation provisions apply to this acquisition:

FAR 52.212-1, “Instructions to Offerors–Commercial Products” ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

SUBMISSION INSTRUCTIONS

a) Submissions of Offer: Offerors are required to submit their offer in response to this solicitation specifically tailored to the unique requirements of providing Zeiss Preventative Maintenance, Service, and Software updates in accordance with the Statement of Work. Please submit the quote to Maureen.Sundstrom@va.gov by the time and date indicated on the face page of the solicitation document. Include the solicitation number in the Subject line. Any attachments must be readable using Microsoft Office or Adobe PDF. The size of the email is limited to 5 megabytes (MB), but multiple emails are allowable. Quotes must be submitted electronically and will not be accepted through fax or postal mail.

b) Products/service capability description: Offerors shall provide confirmation from OEM that your company is an authorized provider for OEM parts, and either authorization from the OEM to provide scheduled maintenance, repairs, and software updates for the Zeiss equipment listed in the Pricing Table, or confirmation from OEM that your company is an authorized provider for OEM parts and sufficient evidence of technical certification and training for all proposed service providers that are to provide said services.

c) Certification: Offers must demonstrate that personnel have the certification necessary to provide the scheduled maintenance, repairs, and software updates for the Zeiss equipment listed within the Statement of Work.

d) Pricing: Complete the Pricing Table submitting a firm-fixed-price quote to include all costs associated with providing scheduled maintenance, repairs, and software updates to all equipment listed. This should encompass labor, materials, travel, equipment, and any applicable fees.

e) Required Submissions: Offers not providing the following may not be considered for award:

Submit offers to Maureen.Sundstrom@va.gov via email referencing the solicitation number in the subject line.

(a) Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e., replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

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

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

(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 contractors, 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.

(End of Addendum to 52.212-1) FAR 52.212-2, “Evaluation-Commercial Items”: The Government may 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. In accordance with FAR 9.104-2, the special standards of responsibility described below apply to this procurement. Offerors who fail to meet any special standards of responsibility will not be eligible to receive contract award. The following factors shall be used to evaluate offers:

1. Price – The price will be evaluated based on the total of all contract line items, including option years. A price will be determined reasonable if, in its nature or amount, it does not exceed what would be incurred by a reasonably prudent person.

*Adherence to the requirements of, and demonstrating capabilities to comply with, the Statement of Work is more important than price. Any offer not meeting these standards will not be evaluated for price.

(a) 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 offeror'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.

FAR 52.213-3 Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer if has not been completed on SAM.gov. Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

All Service-Disabled Veteran Owned Businesses or Veteran Owned Businesses must be registered/certified with the U.S Small Business Administration at Veteran Small Business Certification Veteran Small Business Certification (sba.gov).

The following contract clauses apply to this acquisition:

FAR 52.212-4, “Contract Terms and Conditions–Commercial Products” (OCT 2018) ADDENDUM to FAR 52.212-4 – The following clauses are included as a part of the addendum:

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

VAAR Clauses:

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION JUL 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [X] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved] [] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2025) of 52.219–9.

[] (v) Alternate IV (JAN 2025) of 52.219–9.

[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).

[] (33) [Reserved] [] (34) [Reserved] [X] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[X] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (E.O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.).

[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225-1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (JAN 2025) of 52.225-3.

[] (iv) Alternate III (FEB 2024) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note [X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513) [] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[X] (63) 52.240–1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities (NOV 2024) (Sections 1821–1826, Pub. L. 118–31, 41 U.S.C. 3901 note prec.).

[] (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[X] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

[] (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219–8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

(xi) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

(xxvi) 52.240–1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities (NOV 2024) (Sections 1821–1826, Pub. L. 118–31, 41 U.S.C.3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause) The Government intends to make award without discussions.

For information regarding the solicitation, please contact Maureen Sundstrom at Maureen.Sundstrom@va.gov.

MANDATORY ELECTRONIC INVOICING

The Department of Veterans Affairs published a final rule in the Federal Register on November 27, 2012 to require contractors to submit payment requests in electronic form in order to enhance customer service, departmental productivity, and adoption of innovative information technology, including the appropriate use of commercial best practices. The rule is effective December 27, 2012. Federal Register. https://www.federalregister.gov/documents/2012/11/27/2012-28612/va-acquisition-regulation-electronic-submission-of-payment-requests

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

1. VA FSC Electronic Commerce Branch (ECB) – ANSI X-12 v5010 format

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