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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 Products and Commercial Services, 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 an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 dated February 14, 2023.

This solicitation is set aside for Service-Disabled Veteran Owned Small Business (SDVOSB) .

The associated North American Industrial Classification System (NAICS) code for this procurement is 339113, with a small business size standard of 750 employees. The FSC/PSC is 6515.

The Bruce W. Carter VA Medical Center - Miami Veterans Healthcare System - 1201 Northwest 16th Street - Miami, FL 33125-1624 is seeking to purchase Operating Room Lights with Accessories and Installation.

This is a Brand Name or Equal Requirement in accordance with FAR 52.211-6. Any or equal response shall include manufacturer plus parts list, along with details on how such item(s) match or exceed the salient characteristics. Responses shall be on an all or none basis, no partial submission. The Government reserves the right to make no award at all.

See Attachments:
1. Instructions to Offerors
2. Clauses and Provisions
3. LIMITATIONS ON SUBCONTRACTING (must be completed by contractor at time of submission of quote)

All interested companies shall provide quotations for the following:

Supplies/Services Price Cost Schedule
Line Item

Description

QTY

Unit

Unit Price

Total Price
0001
Handle Assy, Devon Slip On ULH
(BRAND NAME OR EQUAL TO STRYKER PART # P46714)
25
EA
0002
F-GEN TOUCH WALL CONTROL, VER 2 (BRAND NAME OR EQUAL TO STRYKER PART # P37633)
10
EA
0003
KIT, SLX 628 NFC.NC CARDANIC (BRAND NAME OR EQUAL TO STRYKER PART # P47503)
25
EA
0004
KIT, NFC SPRING ARM CEILING 12-17KG (BRAND NAME OR EQUAL TO STRYKER PART # P47506)
25
EA
0005
COVER, GREY 70 MM (BRAND NAME OR EQUAL TO STRYKER PART # P43410)
25
EA
0006
LABOR, CHROMOPHARE E TO F CONVERSION (BRAND NAME OR EQUAL TO STRYKER PART # RS 0006175)
25
EA
0007
KIT, SLX 628 NFC.NC CARDANIC (BRAND NAME OR EQUAL TO STRYKER PART # P47503)
1
EA
0008
KIT, NFC SPRING ARM CEILING 12-17KG (BRAND NAME OR EQUAL TO STRYKER PART # P47506)
1
EA
0009
COVER, GREY 70 MM (BRAND NAME OR EQUAL TO STRYKER PART # P43410)
1
EA
0010
LABOR, CHROMOPHARE E TO F CONVERSION (BRAND NAME OR EQUAL TO STRYKER PART # RS 0006175)
1
EA
0011
Handle Assy, Devon Slip On ULH (BRAND NAME OR EQUAL TO STRYKER PART # P46714)
1
EA
0012
Kit, Suspension, FP/LT/LT, 1100/1000/900mm (BRAND NAME OR EQUAL TO STRYKER PART # P40391)
1
EA
0013
SK BOX ENCLOSURE (SINGLE BOX, E) (BRAND NAME OR EQUAL TO STRYKER PART # CB 5210100)
1
EA
0014
Standard front door for SK enclosure (BRAND NAME OR EQUAL TO STRYKER PART # CB 5211120)
1
EA
0015
KIT, SK BOX W ELEC + ENCL., SINGLE LT (BRAND NAME OR EQUAL TO STRYKER PART # P35280)
1
EA
0016
CHROMOPHARE INSTALLATION (BRAND NAME OR EQUAL TO STRYKER PART # RS 0006008)
10
EA
0017
INSTALLATION-IMPLEMENTATION STAGING CHARGE (BRAND NAME OR EQUAL TO STRYKER PART # 8888888401)
1
EA
0018
CHROMOPHARE INSTALLATION (BRAND NAME OR EQUAL TO STRYKER PART # RS 0006008)
1
EA
Grand Total
The following salient characteristics are required to meet the needs of the government.

Salient Characteristics
*** Brand Name or Equal to Stryker SLX LED Surgical Lights ***

The surgical unit must utilize Precision Beam Technology, producing up to 650 overlapping beams of light delivering a homogenous column of light while minimizing shadows regardless of how crowded the surgical field is, thus providing maximum brightness to the surgical field.
The 75cm light head diameter with 104 LEDs must provide 160,000 lux illumination level at all color temperatures for maximum brightness.
The unit must provide maximum depth of illumination of 120cm and maximum light field diameter of 29cm that allows end user to set the light at the start of a case and keep the surgical site well-lit without adjusting.
The surgical lights must be capable of complete platform integration that meet the requirement of a unified solution when connected to the current in light camera and Stryker integration system utilized at the Bruce W. Carter VAMC operating rooms for complete control from the touch panel or voice.
The surgical lights must also be compatible with the current suspension in each operating room, thus not requiring the additional cost of new suspension or the shutdown of any operating room for an extended amount of time.   Â

Delivery shall be provided no later than 60 days after receipt of order (ARO) FOB Destination.

Installation Location is Separate and Different from the Ship To Address. Miami Veterans Healthcare System will be responsible for the transfer of the hardware to be moved from Place of Delivery to the Place of Performance/Installation.

Place of Delivery
Address:
Miami VA Medical Center Supply
Chain Management Warehouse
6725 NW 36th Ave, Suite 695
Miami, FL
Postal Code:
33166
Country:
UNITED STATES
Place of Place of Performance/Installation
Address:
Bruce W. Carter VA Medical Center
Miami Veterans Healthcare System
1201 Northwest 16th Street
Miami, FL
Postal Code:
33125-1624
Country:
UNITED STATES
The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far.

The following solicitation provisions apply to this acquisition:
FAR 52.211-6, Brand Name or Equal
FAR 52.212-1, Instructions to Offerors Commercial Products and Commercial Services
FAR 52.212-3, Offeror Representations and Certifications Commercial Products and Commercial Services

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, Offeror Representations and Certifications Commercial Products and Commercial Services. If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:
FAR 52.212-4, Contract Terms and Conditions Products and Commercial Services (Dec 2022)
FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Products and Commercial Services. (Dec 2022)

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
ADDENDUM to 52.212-1, Instructions to Offerors Commercial Products and Commercial Services

Gray market items are Original Equipment Manufacturer (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.

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.

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

Offerors providing an or equal product(s) must adhere to the terms in FAR 52.211-6. If an item in this solicitation is identified as brand name or equal, the purchase description reflects the characteristics and level of quality that will satisfy the Government s needs. The salient physical, functional, or performance characteristics that equal products must meet or exceed are specified in the solicitation. To be considered for award, offers of equal products, including equal products of the brand name manufacturer, must
Meet the salient physical, functional, or performance characteristic specified in this solicitation;
Clearly identify the item by-
Brand name, if any and
Make or model number,
Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

The contracting officer will evaluate equal products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the contracting officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Unless the offeror clearly indicates in its offer that the product being offered is an equal product, the offeror shall provide the brand name product referenced in the solicitation

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

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.

If the acquisition is set-aside for SDVOSBs/VOSBs, their socioeconomic status must be VIP verified and visible in the VA Vendor Information Pages (VIP): https://www.vip.vetbiz.gov/ at the time of quote submission AND award, or will be considered non-responsive, and will NOT be considered for award.

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.

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.

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)

All quoters shall submit the following:
The name, address, and telephone number of the vendor.
Tax Identification Number (TIN)
SAM UEI Number / DUNS Number / Cage Code
Point of Contact for submission of orders if awarded a contract
Authorized Distributor Letter certified by OEM if the offeror is not the manufacturer
Quoted price shall include delivery

Please submit with your quote the following information:
1) Original Equipment Manufacturers (OEM) Name
2) OEM DUNS and UEI numbers
3) OEM Country of Origin
4) OEM Part Number

The VAAR 852.219-78 (Limitations on Subcontracting) must be completed and provided with the quote.

All quotes shall be sent to the following email address: melissa.everett@va.gov .

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

The following are the decision factors:

ADDENDUM to 52.212-2 Evaluation Commercial Products and Commercial Services

Basis for Award. The Government will issue a purchase order to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate quotations:

Technical capability or quality of the item offered to meet the Government requirement
Price

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. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

Factor 1 Technical capability or quality of the item 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 Price: The Government will evaluate the price by adding the total of all line item prices. 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, as stated in Factor 1, shall not be selected regardless of price.

(End of Addendum to 52.212-2)

The award will be made to the response most advantageous to the Government.

Responses should contain your best terms, conditions.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:
"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."
OR
"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Submission of your response shall be received not later than 4:00 PM Eastern Standard Time (EST) on March 15, 2023, at melissa.everett@va.gov and shall reference RFQ 36C24823Q0602 Operating Room Lights with Accessories and Installation in the subject of the email.

Any questions or concerns regarding this solicitation shall be forwarded in writing via e-mail to the Point of Contact listed below by 1:00 PM Eastern Standard Time (EST) on March 8, 2023.

Point of Contact
Contract Specialist
Melissa Everett
melissa.everett@va.gov

Attachments are inserted below for reference:
Attachment 1 - Instructions to Offerors.
Attachment 2 - Clauses and Provisions.
Attachment 3 - VAAR 852.219-78 Limitations on Subcontracting.
Attachment #1: Instructions to Offerors

NOTE: 41 USC Public Contracts uses the term Quotes interchangeably with and encompassing bid, or quote, or proposal so it is not necessary to revise the title of the provision but the content of the body is tailorable if identified as an Addendum.
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR.
The following provision is incorporated into 52.212-1 as an addendum to this solicitation:
FAR 52.212-1 Instructions to Offerors Commercial Products and Commercial Services (Nov 2021)
(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 Request for Quote (RFQ). However, the small business size standard for a concern that submits a quote, 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 if the acquisition
Is set aside for small business and has a value above the simplified acquisition threshold; or

Uses the HUBZone price evaluation preference regardless of dollar value, unless the quoter waives the price evaluation preference; or

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 Quotes. Submit signed and dated quotes to the office specified in this Request for Quote (RFQ) at or before the exact time specified. Quotes may be submitted on letterhead stationery, or as otherwise specified in the RFQ. As a minimum, quotes must show
           (1) The solicitation number;
           (2) The time specified in the solicitation for receipt of quotations;Â
          (3) The name, address, and telephone number of the quoter;
A technical description of the items being quoted 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 quoter shall complete electronically);
           (9) Acknowledgment Request for Quotation amendments;
(10) Past performance will not be considered in simplified acquisition procurements.
(11) Quote should include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations and certifications, information requested in (1) to (9), and accept the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of Quotes. The quoter agrees to hold the prices in its quote firm for 30 calendar days from the date specified for receipt of quotes, 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 quotes. 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 testing.
(e) Multiple Quotes. Quoters are encouraged to submit multiple quotes presenting 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 quote submitted will be evaluated separately.
(f) Late submissions, revisions, and withdrawals of quotes.
(1) Quoters are responsible for submitting quotes 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 quotes are due.
(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is "late" and may not be considered unless it is received before purchase order issuance and the Contracting Officer (CO) determines that accepting the late quotation would not unduly delay the acquisition.
(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotes by the exact time specified in the solicitation, and urgent Government requirements preclude a notice of an extension of the closing date, the time specified for receipt of quotes 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.
(g) Issuance of Purchase Order. The Government may issue a purchase order to one or more quoters as identified in the Request for Quote (RFQ). Therefore, the quoter s initial quote should contain the best terms from a price and technical standpoint. However, the Government may reject any or all quotes if such action is in the public s best interest. The Contracting Officer (CO) may issue a purchase order to other than the quoter with the lowest priced quotation.
(h) Multiple awards. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.
      (1) Availability of requirements documents cited in the solicitation.
(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
                (i) ASSIST ( https://assist.dla.mil/online/start/).
                (ii) Quick Search ( http://quicksearch.dla.mil/).          Â
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-
(i)Â Using the ASSIST Shopping Wizard (Â https://assist.dla.mil/wizard/index.cfm);
(ii)Â Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii)Â Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier (UEI). Applies to all quotes that exceed the micro-purchase threshold, and quotes at or below the micro-purchase threshold if the solicitation requires the contractor to be registered in the System for Award Management (SAM).) The quoter must enter, in the block with its name and address on the cover page of its quote, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the quoters name and address. The quoter also must enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the UEI. The suffix is assigned at the discretion of the quoter to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the quoter does not have a UEI, it should contact the entity designated at www.sam.gov for UEI establishment directly to obtain one. The quoter should indicate that it is a quoter for a Government contract when contacting the entity designated at www.sam.gov for establishing the UEI.
(k)Â [Reserved]
(l)Â Requests for information. The CO will not notify unsuccessful quoters that responded to this Request for Quotation (RFQ). However, quoters may request information on purchase order(s) resulting from this solicitation with the CO.

(End of Provision)

Attachment #2 Clauses and Provisions

CLAUSES and PROVISIONS
Provision 52.212-1, Instructions to Offerors Commercial Products and Commercial Services applies to this acquisition.
Addendum to FAR 52.212-1 Instructions to Offerors Commercial Products and Commercial Services: All provisions and clauses applicable to this solicitation can be viewed in full text using the following web addresses: http://www.acquisition.gov/far/index.html and http://www.va.gov/oal/library/vaar/
Provision 52.212-3, Offeror Representations and Certifications Commercial Products and Commercial Services with their offer. Provision at 52.212-3 Offeror Representation and Certification can be accessed electronically at the following web address: http://www.acquisition.gov/far/index.html
Clause 52.212-4, Contract Terms and Conditions Products and Commercial Services (Dec 2022) applies to this acquisition.
Clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Products and Commercial Services (Dec 2022) applies to this acquisition.
(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 items:
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

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

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 items:
[] (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. 2402).

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

[] (5) [Reserved]

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

[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C.
657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved]

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

[] (ii) Alternate I (MAR 2020).

[] (iii) Alternate II (NOV 2011).

[] (15)(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.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (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 (JUN 2020) of 52.219-9.

[X] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[] (22) 52.219-28, Post Award Small Business Program Representation (SEP 2021) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (SEP 2021) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor Cooperation with Authorities and Remedies (JAN 2022) (E.O.
13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (29) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (31) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(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).

[] (34) 52.222-54, Employment Eligibility Verification (NOV 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(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.)

[] (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020)(42 U.S.C.
8259b).

[] (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

[X] (41) 52.225-1, Buy American Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (42)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (JAN 2021) of 52.225-3.

[] (iii) Alternate II (JAN 2021) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (43) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (FEB 2021) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (NOV 2021) (41 U.S.C.
4505, 10 U.S.C. 2307(f)).

[] (49) 52.232-30, Installment Payments for Commercial Items (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (50) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018) (31 U.S.C. 3332).

[] (51) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) 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 items:

[] (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 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).

[] (5) 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).

[] (6) 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).

[] (7) 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] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022) (Executive Order 13658).

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

(End of Clause)
Statement regarding any Additional Provisions and Clauses, or other terms and conditions important to the requirement/procurement process consistent with commercial practices:

Provisions in full text:

52.225-18 Place of Manufacture (AUG 2018).
(a) Definitions. As used in this clause
Manufactured end product means any end product in product and service codes (PSCs)
1000-9999, except
FPSC 5510, Lumber and Related Basic Wood Materials;
Product or Service Group (PSG) 87, Agricultural Supplies;
PSG 88, Live Animals;
PSG 89, Subsistence;
PSC 9410, Crude Grades of Plant Materials;
PSC 9430, Miscellaneous Crude Animal Products, Inedible;
PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
PSC 9610, Ores;
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.
(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998).

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es):

http://www.acquisition.gov/far/index.html

http://www.va.gov/oal/library/vaar/

(End of provision)

852.252-70 Solicitation provisions or clauses incorporated by reference (JAN 2008). The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

(End of provision)

Provisions incorporated by reference are:
52.203-11 Certification and Disclosure regarding payments to Influence Certain Federal Transactions (SEP 2007);
52.204-7 System for Award Management (OCT 2018)
52.204-17 Ownership or Control of Offeror (AUG 2020)
52.211-6 Brand Name or Equal (AUG 1999)
52.212-1 Instructions to Offerors Commercial Items (NOV 2021);

Clauses in Full Text:

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):

52.216-21 Requirements (OCT 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the
period stated, in the Schedule. The quantities of supplies or services specified in the Schedule
are estimates only and are not purchased by this contract. Except as this contract may
otherwise provide, if the Government's requirements do not result in orders in the quantities
described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis
for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance
with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere
in this contract, the Contractor shall furnish to the Government all supplies or services specified
in the Schedule and called for by orders issued in accordance with the Ordering clause. The
Government may issue orders requiring delivery to multiple destinations or performance at
multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor
all the supplies or services specified in the Schedule that are required to be purchased by the
Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of
any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest
date that delivery may be specified under this contract, and if the Contractor will not accept an
order providing for the accelerated delivery, the Government may acquire the urgently required
goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that
period shall be completed by the Contractor within the time specified in the order. The contract
shall govern the Contractor's and Government's rights and obligations with respect to that order
to the same extent as if the order were completed during the contract's effective period;
provided, that the Contractor shall not be required to make any deliveries under this contract after.

(End of Clause)

Clauses Incorporated by Reference:

52.204-13 System for Award Management Maintenance (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)
52.222-20 Contracts for materials, supplies, articles, and equipment exceeding $15,000.00 (JUN 2020);
52.232-1 Payments (APR 1984);
52.232-8 Discounts for prompt payment (FEB 2002);
52.243-1 Changes Fixed Price (AUG 1987);
852.203-70 Commercial Advertising (MAY 2020);
852.246-71 Inspection (OCT 2018)

Provision 52.212-2, Evaluation Commercial Items (NOV 2021), applies to this acquisition.
(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 will be used to evaluate offers: Price and technical acceptability as applicable will be determined in accordance with the statement of work provided (Please see item description). The Government has determined in advance that the Best Value will be the offer with the lowest the lowest pricing.
(b) Additional Instructions to offerors concerning Grey Market items-
The VHA (Veterans Health Administration) will not accept Grey Market Goods .Â
Grey market goods are defined as: Gray Market Goods also known as parallel market, is the trade of a commodity through distribution channels which, while legal, are unofficial, unauthorized, or unintended by the original manufacturer.
Products that are purchased outside of our authorized distributor network on the gray market generate a number of concerns such as: counterfeit or adulterated devices, inadequate storage conditions, tracking issues in case of a recall, loss of warrantee, and most importantly patient safety. In some instances, unauthorized distributors procure products from an authorized distributor for resale.
(c) 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)

Attachment #3 Limitations on Subcontracting
C.4 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021) (DEVIATION)
(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that
(1) If awarded a contract (see F(a)FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Offeror check the appropriate box]
(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.
(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:
(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).
(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required to qualify as a nonmanufacturer. [Offeror fill-in check each box below.]
[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).
[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.
[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.
(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.]
or [Contracting Officer tailor clause to remove one or other block under subparagraph (iii).]
[ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]
(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(iii) Prosecution for violating section 1001 of title 18.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.
Certification:
I hereby certify that if awarded the contract, [insert name of offeror] qualifies as a manufacturer or nonmanufacturer as stated herein and that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting requirement specified in the resultant contract, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].
Printed Name of Signee:________________________________________
Printed Title of Signee:_________________________________________
Signature:___________________________________________________
Date:_____________________
Company Name and Address: ________________________________________
_________________________________________________________________
(End of Clause)

Attachments/Links