Page 2 of 2 (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. (ii) The solicitation number 36C26225Q0549 is issued as a Request for Quotation (RFQ) in conjunction with FAR -- Part 13 Simplified Acquisition Procedures and constitutes the only solicitation. The Government intends to award a single Firm-Fixed Price (FFP) award Blanket Purchase Agreement (BPA). (iii) The provisions and clauses in this document are in effect through the Federal Acquisition Circular 2025-03, January 17, 2025. (iv) This solicitation intends to award a contract through full and open competition to a business associated with NAICS North American Industrial Classification System Code 531210. (v) See Attachment A Pricing Schedule for a list of line-item numbers, items, quantities and units of measure. (vi) The Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 22, Pathology and Laboratory Medicine Services department seeks to make a procurement for Maintenance, Service, and Support for existing Data Innovations Instrument Manager Licenses for the VISN 22 healthcare systems listed in section vii. See Attachment B Performance Work Statement for a listing of minimum capabilities / requirements and other requirements. Offeror quotations must demonstrate meeting the salient physical, technical, functional, or performance characteristic specified in this solicitation, otherwise it will be considered non-responsive. The technical specifications for this requirement are listed for Brand Name or Equal per FAR 52.211-6. The information identified provided is intended to be descriptive, not restrictive and to indicate the quality that will be satisfactory. The interested parties bear full responsibility to ensure their submission demonstrates to the government that they can provide the Maintenance, Service, and Support for Data Innovations Instrument Manager Licenses services being requested. BLANKET PURCHASE AGREEMENT ADMINISTRATION DATA SECTION A GENERAL TERMS A.1 BLANKET PURCHASE AGREEMENT ADMINISTRATION DATA BPA ADMINISTRATION: All BPA administration matters shall be handled by the following individuals: OFFERER / CONTRACTOR: [Primary Contractor Contact]: [Company]: [Street Address]: [City, State, Zip]: [Phone number]: [Email address]: [DUNS Number]: GOVERNMENT: Samuel Han, Contracting Officer Department of Veterans Affairs Network 22 Contracting Office 4811 Airport Plaza Drive Suite 600 Long Beach, CA 90815 562-766-2314; Samuel.Han@va.gov OFFEROR REMITTANCE ADDRESS: All payments by the Government to the Offeror will be made in accordance with: [X] 52.232-34, Payment by Electronic Funds Transfer - Other than Central Offeror Registration, or [ ] 52.232-36, Payment by Third Party INVOICES: Invoices shall be submitted in arrears: Quarterly [] Semi-Annually [] Other [ X ] (Monthly) GOVERNMENT INVOICE ADDRESS: All invoices from the Offeror shall be submitted electronically to: https://us.tungsten-network.com/. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE The above amendment section must be filled-out in the event that an Amendment(s) is sent to the offeror or posted to https://sam.gov/ and must be returned with the RFQ package. Failure to acknowledge amendment(s) may constitute the rejection of the offer. A.2 DESCRIPTION OF AGREEMENT INTENT: In the spirit of the Federal Acquisition Streamlining Act and pursuant to Federal Acquisition Regulation (FAR) Part 12 and FAR Part 13.303, the Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 22 establishes this Single Award Blanket Purchase Agreement (BPA) for Instrument Manager License Maintenance, Service, and Support described within this solicitation. The Contractor shall make available for purchase all the necessary service line-items made commercially available by Contractor to perform the specified functions for VISN 22 as outlined within this BPA. In addition, as requirements change, facilities within VISN 22 may be added or deleted by supplemental agreement of the Government and the Contractor. TERM OF AGREEMENT: This BPA shall be for a 5-year base period which will be reviewed, at least, annually In Accordance With (IAW) FAR Part 13.303-6 to ensure the BPA terms are met, to assess current market conditions and to determine price reasonableness. Additional discounts maybe requested by VISN 22 at any time. If the Contractor fails to perform in a manner satisfactory to the Contracting Officer (CO), this BPA may be canceled with a thirty (30) day written notice to the Contractor by the CO. PARTICIPATING FACILITIES: The following facilities currently within VISN 22, and future facilities that fall under the authority of VISN 22, may be added or deleted to this agreement with an exercise of a supplemental agreement between the Government and the Contractor. VA Greater Los Angeles Healthcare System | 11301 Wilshire Blvd, Los Angeles, CA 90073 VA Loma Linda Healthcare System | 11201 Benton Street Loma Linda, CA 92357 VA San Diego Healthcare System | 3350 La Jolla Village Dr, San Diego, CA 92161 VA Long Beach Healthcare System | 5901 E. 7th Street, Long Beach, CA 90822 VA Phoenix Healthcare System | 650 E Indian School Rd, Phoenix, AZ 85012 VA Prescott Healthcare System | 500 North Hwy 89, Prescott, AZ 86313 VA Tucson Healthcare System | 3601 S 6th Ave, Tucson, AZ 85723 VA Albuquerque Healthcare System | 1501 San Pedro Dr SE, Albuquerque, NM 87108 BPA ORDERS: This BPA is a pricing agreement and does not obligate any funds. The Government is obligated only to the extent of authorized BPA Task Orders (TO) issued under the BPA by authorized individuals. TO s shall be identified by the BPA Number TBD and TO Number TBD. TO s may include option years, if it is determined that option years would be in the best interest of the Government. Any TO s issued during the effective term of this BPA shall be completed by the Contractor within the time specified in the TO, including all option years, which may extend beyond the BPA term. All products ordered under TO s shall be subject to the terms and conditions of this BPA. The Contractor shall accept the price, terms and conditions of an issued TO as long as they do not conflict with the terms set forth in the BPA. ORDERING METHOD: All orders shall be placed against valid TO s signed by the CO. The CO shall designate primary facility Point-of-Contacts (POC s), as necessary, which may coordinate delivery quantities and schedule via Electronic Data Interchange (EDI), telephone, facsimile, email or other written communication, identifying the products by number, quantity, purchase price, address for delivery, and any special instructions. BPA PROGRAM MANAGER: The Contractor shall provide a primary BPA program manager who shall be responsible for the performance of the work under the BPA. In addition, the program manager shall act as the main focal point of communication between the CO and the Contractor. The name of this person shall be designated in writing to the CO. The program manager shall have full authority to act on behalf of the Contractor on all contractual/BPA matters relating to daily operation of the BPA. Contact Name: Contact Title: Street Address: City, State, Zip: Direct Phone No.: Alt. Phone No.: Fax No.: Email address: ORDERING CONTACT: The Contractor shall list in the spaces below the name(s) and address(es) of customer service departments with whom the Government facilities shall place orders: Contact Name: Contact Title: Street Address: City, State, Zip: Direct Phone No.: Alt. Phone No.: Fax No.: Email address: Contact Name: Contact Title: Street Address: City, State, Zip: Direct Phone No.: Alt. Phone No.: Fax No.: Email address: DELIVERY: The Contractor shall deliver all supplies and services identified in the schedule to the locations identified in Section A.2.3, Participating Facilities. The delivery location is subject to change as required by the designated authority or authorized personnel at the receiving facility. The primary facility POC shall be required to notify the Contractor when delivery locations have been changed. All deliveries shall be accompanied by a delivery ticket or sales slip which shall contain: Contractor name, BPA number, TO number, VA obligation number, date of order, date of delivery, itemized list of products furnished, including product description and quantity shipped. All deliveries shall be made during normal working hours from 8:00a.m. to 4:30p.m, local time unless specified otherwise. Emergency requests may be necessary on rare occasions and may occur outside of working hours from 4:30 p.m. to 8:00 a.m. Under emergency occurrences, the Contractor shall deliver to the Government site in the most expeditious manner possible. Without additional cost to the Government, unless expedited shipping/delivery is approved by the primary facility POC, CO or other authorized individual. The Contractor shall provide an emergency point of contact, if different from the standard points of contacts. No product substitutions shall be made by Contractor without prior approval of the treating facilities primary Point of Contact. However, if substitution would further obligate the government, the Contractor shall have approval of a warranted Contracting Officer. PACKAGING: All supplies shall be adequately packaged to prevent damage during shipping, handling and storage. Bags or packages shall be whole, intact, and not otherwise torn or damaged. Upon delivery, the Government shall examine all packages. The Contractor shall be required to replace unacceptable or damaged products at the Contractor s expense. INVOICING AND PAYMENT INFORMATION: An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets. Invoices shall be submitted to WWW.TUNGSTEN-NETWORK.COM in accordance with FAR Part 52.232-34, Payment by Electronic Funds Transfer and VAAR Part 852.232-72. The following information shall be listed on all invoices (Failure to comply may result in refusal of an invoice resulting in delayed payment at the fault of the Contractor). Facility s Name and address where service was provided BPA Number (For Example: 36C26223A0001) Delivery/Task Order Number (For Example: 36C26223N0001) Obligation Number (For Example: 600-C17001) A Line Item break down of usage for example: Line item 1 Base Software with High Availability: 1 EA at $100.00 Line item 2 Interface Connection with High Availability: 1 EA at $200.00 Include the period of time that is being invoiced for in the invoice. BPA Holder s Internal Contract number (if applicable) Include point of contact for concerns and questions. Contractor must name a specific person, phone number and email. BPA REVIEW: The Contractor shall conduct a complete BPA review with the CO/CS, at least annually and as requested by the CO/CS, to ensure the BPA terms and conditions are being met, analyze and project item ordering trends, and discuss all other actions that are within the scope of this BPA. FEDERAL HOLIDAYS: In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 the following national holidays are observed and for the purpose of this contract are defined as Legal Federal official holidays. HOLIDAY DATE New Year s Day January 1st Martin Luther King s Birthday Third Monday in January President s Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day First Monday in September Columbus Day Second Monday in October Veteran s Day November 11th Thanksgiving Day Fourth Thursday in November Christmas Day December 25th When a holiday falls on a Sunday, the following Monday will be observed as a National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government Agencies. (vii) Delivery Requirements: Place of Delivery: VA Greater Los Angeles Healthcare System 11301 Wilshire Blvd. Los Angeles, CA 90073 VA Long Beach Healthcare System 5901 E. 7th St. Long Beach, CA 90822 VA San Diego Healthcare System 3350 La Jolla Village Dr. San Diego, CA 92161 VA Loma Linda Healthcare System 11201 Benton St. Loma Linda, CA 92357 Phoenix VA Healthcare System 650 East Indian School Rd. Phoenix, AZ 85012 Southern Arizona VA Healthcare System 3601 S. 6th Ave. Tucson, AZ 85723 Northern Arizona VA Healthcare System 500 N. Hwy 89 Prescott, AZ 86313 Albuquerque VA Healthcare System 1501 San Pedro Dr. SE Albuquerque, NM 87108 Period of Performance/Delivery Timeframe: The period of performance will start shortly after award for a Five-Year Base Period. Additional Delivery Requirements Orders shall be made on an as-needed basis throughout the period of performance. All shipping shall be inclusive of prices within the schedule and FOB Destination. (viii) The provision at 52.212-1, Instructions to Offerors Commercial Products and Commercial Services, applies to this solicitation. Addendum: All offeror quotes for this solicitation must be received electronically through email no later than Friday, March 14, 2025, 1:00PM Pacific Time. Ensure to reference solicitation number 36C26225Q0549 within subject line of the email. Any offeror quotes received after the prescribed date/time shall be considered non-responsive and will not be considered for award. Any questions regarding this solicitation must be received electronically through email no later than Friday, March 7, 2025, 8:00AM Pacific Time. Offers shall be sent by email to Samuel Han at Samuel.Han@va.gov. Offerors shall submit the following via email: Complete Attachment A Schedule of Pricing Offerors shall fill out all unlocked fill-ins/tabs (define your fill-ins or tabs) of Attachment A conforming to requirements stated by the salient characteristics and the instructions below. Tabs 1 5 Offerors shall complete column N for unit prices on each tab. If providing an equivalent product, offerors shall either provide information regarding how their product meets the salient characteristics in Attachment B in Column H - K or alternatively may state where in the offeror s overall submission that information can be found. See 52.211-6 for additional information. Complete Attachment B Performance Work Statement Offerors must submit a completed Attachment B Performance Work Statement. Throughout Attachment B, there are several fill-ins and/or checkboxes that must be completed. We recommend that the entire solicitation and Performance Work Statement is read completely prior to filling out the solicitation. Section D Performance Work Statement Requirements Offeror shall either provide information/evidence regarding how they meet the specified requirements in each green text box or, alternatively, may state where in the offeror s overall submission that information can be found. Blanket Purchase Agreement Administration Data Offerors shall submit this RFQ document with Blanket Purchase Agreement Administration Data completed under Section vi: There are green boxes throughout this document that ask for basic information about the offeror and must be completed. To fill out all required information, use the Tab key on your computer keyboard. This will jump the Offeror to the next field that requires a response. Do not use the Enter key as that will not take the Offeror to the next field and only changes the spacing format of the solicitation. Offerors shall submit their proposals by email to Samuel.Han@va.gov and provide the following company information as a cover letter or within the body of the email: Company s name Company s address Company s Point-of-Contact Name Phone number Email address Company SAM UEI Number Company Tax ID Number (TIN) (End of Provision) (ix) 52.212-2 Evaluation -- Commercial Products and Commercial Services (Nov 2021) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Lowest priced quotation that meets all minimum performance requirements in Attachment B Performance Work Statement that is both responsive and responsible. Acceptability of services shall be established by review of each submitted quotation by the designated evaluator(s) and verification that offers meet the salient, technical, physical, functional, or performance characteristics included in this solicitation. Submissions to this solicitation must show clear, compelling, and convincing evidence that meet all the salient, technical, physical, functional, or performance characteristics (see Attachment A and B). Offers that include any items that are not determined as Brand Name or Equal shall result in an unacceptable offer. See 52.211-6 Brand Name or Equal for additional information. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (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 with a minimum of at least sixty days, 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) (x) Must include a completed copy of the provision at 52.212-3 -- Offeror Representations and Certifications -- Commercial Products and Commercial Services, with this solicitation or ensure SAM.gov is updated with current information. (xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Products and Commercial Services, applies to this acquisition. (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Products and Commercial Services, applies to this acquisition. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115 91). (3) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115 232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.232 40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [] (1) 52.203 6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655). [] (2) 52.203 13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509). [] (3) 52.203 15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.203 17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community see FAR 3.900(a). [X] (5) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109 282) (31 U.S.C. 6101 note). [] (6) [Reserved] [] (7) 52.204 14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). [] (8) 52.204 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). [X] (9) 52.204 27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117 328). [] (10) 52.204 28, Federal Acquisition Supply Chain Security Act Orders Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115 390, title II). [X] (11)(i) 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition. (DEC 2023) (Pub. L. 115 390, title II). [] (ii) Alternate I (DEC 2023) of 52.204 30. [X] (12) 52.209 6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note). [X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). [] (14) [Reserved] [] (15) 52.219 3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a). [X] (16) 52.219 4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (17) [Reserved] [] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). [] (ii) Alternate I (MAR 2020) of 52.219-6. [] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). [] (ii) Alternate I (MAR 2020) of 52.219-7. [X] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)). [] (21)(i) 52.219 9, Small Business Subcontracting Plan (SEP 2023) (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. [] (v) Alternate IV (SEP 2023) of 52.219 9. [] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). [] (ii) Alternate I (MAR 2020) of 52.219-13. [] (23) 52.219 14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s). [] (24) 52.219-16, Liquidated Damages Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). [] (25) 52.219 27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f). [X] (26) (i) 52.219 28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)). [] (ii) Alternate I (MAR 2020) of 52.219 28. [] (27) 52.219 29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)). [] (28) 52.219 30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)). [] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). [] (30) 52.219 33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)). [X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). [] (32) 52.222 19, Child Labor Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126). [X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (34)(i) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). [] (ii) Alternate I (FEB 1999) of 52.222-26. [X] (35)(i) 52.222 35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). [] (ii) Alternate I (JUL 2014) of 52.222-35. [X] (36)(i) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). [] (ii) Alternate I (JUL 2014) of 52.222-36. [X] (37) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). [X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) [] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.). [] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.). [] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.). [] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.). [X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I). [] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [] (ii) Alternate I (JAN 2017) of 52.224-3. [] (48)(i) 52.225-1, Buy American Supplies (OCT 2022) (41 U.S.C. chapter 83). [] (ii) Alternate I (OCT 2022) of 52.225-1. [] (49)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [] (ii) Alternate I [Reserved]. [] (iii) Alternate II (JAN 2025) of 52.225-3. [] (iv) Alternate III (FEB 2024) of 52.225-3. [] (v) Alternate IV (OCT 2022) of 52.225-3. [] (50) 52.225 5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note [X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (52) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). [] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). [] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). [X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513) [X] (56) 52.229 12, Tax on Certain Foreign Procurements (FEB 2021). [] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805). [] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805). [X] (59) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018) (31 U.S.C. 3332). [] (60) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (JUL 2013) (31 U.S.C. 3332). [] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [X] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). [] (63) 52.240 1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act Covered Foreign Entities (NOV 2024) (Sections 1821 1826, Pub. L. 118 31, 41 U.S.C. 3901 note prec.). [] (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). [] (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). [] (ii) Alternate I (APR 2003) of 52.247-64. [] (iii) Alternate II (NOV 2021) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). [X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). Employee Class Monetary Wage-Fringe Benefits [X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [X] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). [] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). [] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). [] (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause (i) 52.203 13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509). (ii) 52.203 17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712). (iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iv) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115 91). (v) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115 232). (vi) 52.204 27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117 328). (vii) (A) 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition. (DEC 2023) (Pub. L. 115 390, title II). (B) Alternate I (DEC 2023) of 52.204 30. (viii) 52.219 8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219 8 in lower tier subcontracts that offer subcontracting opportunities. (ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (x) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). (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 (MAY 2022) (E. O. 12989). (xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). (xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xxiii) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). (xxiv) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxv) 52.232 40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232 40. (xxvi) 52.240 1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act Covered Foreign Entities (NOV 2024) (Sections 1821 1826, Pub. L. 118 31, 41 U.S.C.3901 note prec.). (xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) (xiii) The following clauses also apply: 52.216-18 ORDERING (AUG 2020) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 4/1/2025 through 3/31/2030. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) A delivery order or task order is considered "issued" when (1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail; (2) If sent by fax, the Government transmits the order to the Contractor s fax number; or (3) If sent electronically, the Government either (i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (ii) Distributes the delivery order or task order via email to the Contractor s email address. (d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract. (End of Clause) 52.216-19 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of $100,000.00; (2) Any order for a combination of items in excess of $1,000,000.00; or (3) A series of orders from the same ordering office within 1 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performance of the contract. (End of clause) 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): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/index.asp 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.209-6 Protecting the government s interest when subcontracting with contractors debarred, suspended, or proposed for debarment Jan 2025 52.227-14 Rights in Data - General May 2014 52.232-18 Availability of Funds Apr 1984 52.232-33 Payment by electronic funds transfer system for award management Oct 2018 52.232-40 Providing accelerated payments to small business subcontractors Mar 2023 52.233-1 Disputes May 2014 52.233-3 Protest after award Aug 1996 852.203-70 Commercial advertising May 2018 852.232-72 Electronic submission of payment requests Nov 2018 852.239-70 Security Requirements For Information Technology Resources Feb 2023 852.239-73 Information System Hosting, Operation, Maintenance, Or Use Feb 2023 852.239-74 Security Controls Compliance Testing Feb 2023 (End of clause) 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/index.asp 52.204-7 System for Award Management Nov 2024 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.209-7 Information Regarding Responsibility Matters Oct 2018 52.217-5 Evaluation of Options Jul 1990 52.211-6 Brand Name or Equal Aug 1999 52.233-2 Service of Protest Sep 2006 852.233-70 Protest Content/Alternative Dispute Resolution Sep 2018 852.239-71 Information System Security Plan And Accreditation Feb 2023 852.239-75 Information And Communication Technology Accessibility Notice Feb 2023 852.252-70 Solicitation Provisions or Clauses Incorporated by Reference Jan 2008 (End of provision)
