Description This is a combined synopsis/solicitation for commercial products and commercial services 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 2025-04. This solicitation is set-aside for Small Business. The associated North American Industrial Classification System (NAICS) code for this procurement is 339112 Surgical and Medical Instrument Manufacturing, with a small business size standard of 1,000 employees. The FSC/PSC is 6515 - Medical and Surgical Instruments, Equipment, and Supplies. The Network Contracting Office 2, 130 W. Kingsbridge Road, Building 16, Bronx, NY 10468 is seeking to purchase brand name or equal Guldmann GH3+ patient transfer lifts, as well as installation, and training of hospital staff, for the Spinal Cord Injury (SCI) Dialysis, and Sleep Lab departments at the Syracuse VA Medical Center. All interested companies shall provide quotations for the following: Supplies/Services Line Item Description Quantity Unit of Measure Unit Price Total Price 0001 GH3+ or equal 605lb SWL Motor and Medium Hanger Bar, 6m x 3m 12 EA 0002 GH3+ or equal 825lb SWL Motor and Medium Hanger Bar, 4m x 3m 2 EA 0003 GH3+ or equal 605lb SWL Motor and Medium Hanger Bar, 3m x 3m 8 EA 0004 GH3+ or equal 605lb SWL Motor and Medium Hanger Bar, 3m x 3m 2 EA 0005 Installation 1 JB Price for Line Items 0001, 0002, 0003, 0004, and 0005 should include all materials, hardware, and shipping. Statement of Work Title of Project: Guldmann SCI Lift GENERAL INFORMATION Title of Project: SCI Lift Type of Contract Contemplated: Equipment Purchase SCOPE The scope of this procurement is the deinstallation of the current twenty-five (25) Tollos lifts in the Spinal Cord Injury (SCI), Dialysis, and Sleep Lab departments and purchase, installation, inspection, and training of staff on new lifts. Work must be done with the collaboration of Safe Patient Handling (SPH) and Mobility Facility Coordinator (MFC), Facilities Management Service (FMS), and Healthcare Technology Management (HTM). The current fleet of Tollos Cirrus 600 lifts are unserviceable as they are both End of Life and End of Service. Delivery Location: Warehouse, Syracuse VA Medical Center, 800 Irving Ave Syracuse NY 13210 REQUIREMENTS/SALIENT CHARACTERISTICS/SPECIFICATIONS Common Nomenclature: LIFTS: PATIENT TRANSFER: OVERHEAD TRACK Kind of Material: Equipment Dimensions, Size, Capacity: Rail dimensions (L x W) Rail Dimensions Lift Model Weight Capacity Quantity 6m x 3m GH3+ or equal 605 lbs 12 4m x 3m GH3+ or equal 825 lbs 2 3m x 3m GH3+ or equal 605 lbs 8 3m x 3m GH3+ or equal 605 lbs 2 Principles of Operation: Patient Transfer Lifts consist of a permanently mounted overhead track supporting a suspended sling. These lifts include but are not limited to the following: a track usually mounted on the ceiling, a mounting system which attaches the track to the ceiling; a console containing the motor and pulleys; a suspension system including the seat; and a control box for lift movement regulation. Intended Use: Track-mounted lifts are used to transfer patients from one position to another within patient rooms in the Syracuse VAMC. Equipment with which the item is used: Disposable slings. (This is a value add.) Who will use the equipment: Nursing staff, radiology staff, and other qualified personnel properly trained in the use of the equipment will use the equipment as intended. REQUIREMENTS All installation must comply with requirements of Patient Safety Alert AL14-07, the Checklist for Installation and Relocation, provided separately. The installation checklist must be filled out in its entirety, including signatures, for each installed lift, in addition to any checklist required by the manufacturer, and supplied after completion. Contractor must coordinate with Engineering services to verify access to engineering mechanical, HVAC, and fire systems components within the mounting area of the lift units during installation. Contractor must schedule installations efficiently. Contractor must provide all qualified personnel, materials, equipment, and labor necessary to install ceiling lifts, including but not limited to lifts, tracks, spreader bars, attachment hardware, and all other equipment essential for safe operation. Detailed requirements are described in the Ceiling Lift Performance Requirements section. Contractor must install and test all equipment for ceiling lifts, resulting in a turnkey system. Contractor must mitigate any new hazards created by installation. The Contractor must state what efforts will be made to minimize noise during installation of equipment. Batteries must have a minimum five (5) year warranty. Rail system with in-line charging must have twenty-five (25) year warranty that includes all travel, labor, and parts. Warranty must include all travel or shipping associated with any warranty repair. STANDARDS Ceiling lifts must meet the latest versions of NFPA 13, NFPA 101, NFPA 70, NFPA 99, and all other applicable federal, state, and local codes. Appropriate documentation should be provided. Ceiling lifts must comply with ISO 10535: Hoists for the transfer of disabled persons Requirements and test methods . Ceiling lifts must include a 2-point hanger bars that are quickly removable without tools, and the manufacturer must warrant the use of their lifts with the full range of manufacturer s loop-style sling lifting and repositioning slings. Lift systems must be configured to provide lifting capability for the maximum area needed within each room efficiently. Lifts must be capable of picking up patients off the floor. Ceiling lifts must not have an external scale attachment. The lift hand control must be attached to the lift. Ceiling lift motors must be capable of lifting at least 600 pounds for standard lifts and 880 pounds for bariatric lifts. Ceiling lifts' vertical motion must be motorized. Motors must be GFCI protected. Lift must automatically charge through charging liners in the rails anywhere and not be restricted to charging on a docking station only. During installation of tracks, the contractor must not interfere with the operations of existing sprinkler heads, lights, HVAC grills, curtain tracks, IV tracks, televisions, permanent furniture, or other permanent structures. Any fire barrier that must be penetrated during installation must be immediately repaired, and an Above Ceiling Permit obtained before ceiling work. Ceilings must not be slotted exposing space above the ceiling to the room below. The rail system and Patient Lift Motor must be provided by the same manufacturer. New lifts must accept generic type replacement batteries without voiding any warranties. TRAINING Contractor must provide certified in-service training for 1st ,2nd, and 3rd shift of direct patient care nursing staff, radiology staff, and other qualified personnel where lifts are installed at no additional cost to the Government, for any equipment new to this facility (up to 10 sessions in coordination with the SPHM Program Manager). This training must include but is not limited to hands-on lift use and be extensive to prepare participants to train others. Training must include each new type of equipment and sling used in an area. Contractor must provide certified in-service training on each site, multiple times a day, for biomedical engineering staff in coordination with SPHM Program Manager and HTM. Hours of training must fall between Monday through Friday 0800-1630. INSPECTION Each room s lift system must be weight and function tested after installation in compliance with the VHA checklist PSA AL14-07 required by Patient Safety, SPHM, HTM, and/or FMS. Each checklist must be provided to HTM within 3 days of installation along with any checklist required by the manufacturer. Any changes in inspection requirements during the period of installation will be communicated to the Contractor immediately. Inspection of each room must be done room by room after the installation has been completed. INSTALLATION REQUIREMENTS Equipment and supplies must not be shipped before designs are approved and contractor has approval to install. Syracuse VA Medical Center cannot store uninstalled equipment for a significant length of time. All employees and subcontractors must wear a visible name and company identification when onsite. Upon entering the site, contractor must check in with Syracuse VA Medical Center Police. Contractor personnel must conduct their work so as not to interfere with the normal functioning of the facility. If there are any issues, the contractor must speak with HTM, FMS, and SPHM Program Manager. Hours of work must be within Monday through Friday 0700-1700. The Contractor must follow procedures required by Syracuse VA Medical Center Infection Control personnel and the Construction Safety Committee, including but not limited to any required dust control specified in the Infection Control Risk Assessment (ICRA), such as sticky mats on the floor and zipper doors upon entry to the room and covering any vents in the room to reduce dust spread. The Contractor must immediately correct any fire and safety deficiencies caused by their personnel. If the contractor fails or refuses to correct deficiencies promptly, the Contracting Officer (CO) may issue an order stopping all or any part of the work and may hold the contractor in default of the contract. All material and equipment must be removed from the facility or stored properly at the end of each workday and secured during the workday in the areas specified. The Contractor is responsible for producing and submitting all reports required or requested by Federal, State, or local ordinances which pertain to any duties contained in the contract. The Contractor will be required to furnish the Syracuse VA Medical Center with material safety data sheets for all chemicals used during installation. This information is required by the VA for emergency treatment in the event of ingestion of and/or contact with the material by humans and is required by OSHA regulations. The Contractor s personnel must follow applicable policies of the Syracuse VA Medical Center, including but not limited to policies concerning fire and disaster preparedness programs. All work needs to complete and performed by the trained professional. I. DELAYS AND CHANGES If any deliverable cannot be delivered within the scheduled time frame, the contractor must explain why in writing, including a firm commitment of when the work will be completed. Any changes to this SOW must be authorized and approved by the Contracting Officer. J. POINTS OF CONTACT a. Biomed Tech is James Egan - james.egan3@va.gov. b. End User is Kristin Smelkoff - kristin.smelkoff@va.gov or (315) 425-4400 x54249. (End of Statement of Work) Delivery shall be provided no later than 30 days after receipt of order (ARO). Delivery shall be FOB Destination. Place of Performance/Place of Delivery Address: Syracuse VA Medical Center 800 Irving Ave Syracuse, NY 13210 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 52.212-1, Instructions to Offerors Commercial Products and Commercial Services The following provision is incorporated into 52.212-1 as an addendum to this solicitation: 52.212-1 Instructions to Offerors Commercial Products and Commercial Services (SEP 2023) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the Request for Quote (RFQ). However, the small business size standard for a concern that submits an 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, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition (1) Is set aside for small business and has a value above the simplified acquisition threshold; (2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value. (b) Submission of Quotes. Submit signed and dated quotes to the office specified in this Request for Quote (RFQ) at or before the exact time specified in this solicitation. Quotes may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotes must show (1) The solicitation number. (2) The time specified in the solicitation for receipt of quotations; (3) The name, address, and telephone number of the quoter; (4) 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 offeror shall complete electronically); (9) Acknowledgment of Quotation Amendments; (10) Past performance information will not be considered in simplified acquisition procurements. (11) Quotes 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, or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of Quotes. The offeror agrees to hold the prices in its offer 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 preaward testing. (e) Alternate Quotes. The Government is not requesting alternate quotations, however, quoters may present alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Any exceptions taken by the quoter must clearly be identified in writing. (f) Late submissions, modifications, revisions, and withdrawals of quotes. (1) Quoters are responsible for submitting quotes, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotes or revisions are due. (2) Any quote 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 determines that accepting the late quote would not unduly delay the acquisition. (3) If an emergency or unanticipated event interrupts normal Government processes so that quotes cannot be received at the Government office designated for receipt of quotes by the exact time specified in the Request for Quote, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of 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 Contract. The Government may issue a contract 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. In addition, the Contracting Officer (CO) may issue a contract to other than the quoter with the lowest quoted price. (h) Multiple awards. The Government may issue a contract for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the quotation, offers may not be submitted for quantities less than those specified in the RFQ. The Government reserves the right to issue a contract for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quote. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101 29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision. (2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil. (3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by (i) Using the ASSIST feedback module ( https://assist.dla.mil/ feedback); or (ii) Contacting the Defense Standardization Program Office by telephone at 571 767 6688 or email at assisthelp@dla.mil. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier.(Applies to all quotes that exceed the micro-purchase threshold, and quotes at or below the micro-purchase threshold if the Request for Quote (RFQ) requires the Contractor to be registered in the System for Award Management (SAM).) The quoter shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Quoter's name and address. The Quoter also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the 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 unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Quoter should indicate that it is an planning to submit a quote for a Government Request for Quote (RFQ) when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. (k) [Reserved] (l) Notification. The CO will not notify unsuccessful quoters that responded to this Request for Quotation (RFQ). (m) Authorized Distributor. If the vendor is not the original equipment manufacturer (OEM) for the proposed equipment/system, they shall be an authorized dealer, authorized distributor, or authorized reseller, verified by an authorization letter or other documents from the OEM. (n) Service Life. As part of their quote, quoters shall provide information on the estimated service life of the products being offered. (End of provision) ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) 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. 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR) 52. 204-7 System for Award Management (Nov 2024) 52. 204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-29 Federal Acquisition Supply Chain Security Act Orders Representation and Disclosures (Dec 2023) 52.211-6 Brand Name or Equal (Aug 1999) 52.229-11 Tax on Certain Foreign Procurements Notice and Representation (Jun 2020) 52.233-2 Service of Protest (Sep 2006) (a) Receipt from Jonathan Kilgore, Contracting Officer. 852.233-70 Protest Content/Alternative Dispute Resolution (Oct 2018) 852.233-71 Alternate Protest Procedure (Sep 2018) 852.239-75 Information and Communication Technology Accessibility Notice (Feb 2023) FAR 52.212-2 Evaluation-Commercial Products and Commercial Services 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 Veterans Involvement 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 alternate quotations, however, quoters may present alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Any exceptions taken by the quoter must clearly be identified in writing. The evaluation will consider the following: Technical Capability: 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. As part of their quote, quoters shall provide information on the estimated service life of the products being offered. Veterans Involvement: In accordance with Veterans Affairs Acquisition Regulation (VAAR) 852.215-70 (DEVIATION), Service-Disabled Veteran-Owned and Veteran-Owned Small Business (VOSB) Evaluation Factors, the Government will assign evaluation credit for a Quoter (i.e., prime contractor) which is a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a VOSB. To receive credit, an offeror must be registered and verified in the Small Business Administration (SBA) Small Business Search database at time of quotation submission and at time of award (https://search.certifications.sba.gov/) and must meet federal small business size standards for the North American Industry Classification System (NAICS) code assigned to this solicitation. Non-SDVOSB/VOSB quotations that use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation Factor. Quoters must state in their quotations the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the SBA Small Business Search database (https://search.certifications.sba.gov) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both quotation submission and at time of award. Price: The Government will evaluate the price by adding the total of all line item prices. The Total Evaluated Price will be that sum. (b) 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) FAR 52.212-3, Offerors 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://sam.gov/ in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services. If paragraph (j) of the provision is applicable, a written submission is required. Note: www.sam.gov registration is required to be completed at the time of submission of response. The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions Commercial Products and Commercial Services (Nov 2023) Addendum to 52.212-4 Contract Terms and Conditions Commercial Products and Commercial Services (NOV 2023) Clauses 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 following clauses are incorporated into 52.212-4 as an addendum to this contract: 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 852.203-70 Commercial Advertising (May 2018) 852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factor (Deviation) (Jan 2023) 852.215-71 Evaluation Factor Commitments (Oct 2019) 852.222-71 Compliance with Executive Order 13899 (Deviation) (Apr 2025) 852.232-72 Electronic Submission of Payment Requests (Nov 2018) 852.242-71 Administrative Contracting Officer (Oct 2020) 852.246-71 Rejected Goods (Oct 2018) 852.247-71 Delivery Location (Oct 2018) Syracuse VA Medical Center 800 Irving Ave Syracuse, NY 13210 852.247-73 Packing for Domestic Shipment (Oct 2018) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services (Jan 2025) The following subparagraphs of FAR 52.212-5 are applicable: (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 Kapersky 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: (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). (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). (5) 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub L. 117-328). (11) (i) 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition. (Dec 2023) (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). (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)). (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s). (26) (i) 52.219-28, PostAward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)). (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)). (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) (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). (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. 7671l) (48)(i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83). (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). (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) (59) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (OCT 2018) (31 U.S.C. 3332). (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.). (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: N/A (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, and does not contain the clause at 52.215-2, Audit and Records - Negotiation. 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 and 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, or 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 Telecommunication 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. (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) (xxivi) 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. 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) If the quoter is not the original equipment manufacturer (OEM) for the proposed equipment/system, they shall be an authorized dealer, authorized distributor, or authorized reseller, verified by an authorization letter or other documents from the OEM. Quoters should submit this documentation as part of their quote, if applicable. As part of their quote, quoters shall provide information on the estimated service life of the products being offered. Submissions that don t include this information will not be considered and will be deemed ineligible for evaluation and award. All quotes shall be sent to the Network Contracting Office 2 (NCO 2), Jonathan Kilgore, Contracting Officer at Jonathan.kilgore@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. See ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) section above for a complete explanation of the instruction to offerors. See ADDENDUM to 52.212-2 EVALUATION COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES section above for a complete explanation of how submissions will be evaluated. The award will be made to the response most advantageous to the Government. Responses should contain your best terms and 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 no later than 4:00PM EST on September 9, 2025, at Jonathan.kilgore@va.gov. Submissions not received at this email address by the specified date and time will be deemed late. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. Telephone calls will not be accepted. The CO will not notify unsuccessful quoters that responded to this Request for Quotation (RFQ). Point of Contact Jonathan Kilgore, Contracting Officer, Jonathan.kilgore@va.gov.
