6520--Equipment - Dental Patient Chair and Accessories

(Expired)

From: Federal Government(Federal)

Basic Details	Start Date 23 Apr, 2024 (10 days ago) Due Date 30 Apr, 2024 (3 days ago) Type Bid Notification Identifier 36C24224Q0595
Customer / Agency	VETERANS AFFAIRS, DEPARTMENT OF (103626)VETERANS AFFAIRS, DEPARTMENT OF (103626)242-NETWORK CONTRACT OFFICE 02 (36C242) (5239)
SetAside	SDVOSBC(Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14))
Attachments (3)	PG_Part808.405-6_Atch1_Limiting_Sources_Justification_MPT-SAT - Dental Patient Chair and Accessories.pdf RFQ - 36C24224Q0595.docx

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36C24224Q0595 Page 1 of Page 39 of 68 Page 1 of 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 2024-03. 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 339114 - Dental Equipment and Supplies Manufacturing, with a small business size

standard of 750 employees. The FSC/PSC is 6520 - Dental Instruments, Equipment, and Supplies. The Department of Veterans Affairs, VISN 02, Network Contracting Office 02 (NCO 02), on behalf of the Buffalo VA Medical Center, is seeking to purchase an A-Dec dental patient chair and accessories. All interested companies shall provide quotations for the following: Supplies/Services Line Item Description Quantity Unit of Measure Unit Price Total Price 0001 Model 511 - A-Dec Patient Chair 1 EA 0002 77.1019.00 - Remote Floor Box,300,OTC 1 EA 0003 Model 521 - A-Dec Doctor's Stool 1 EA 0004 Model 522 A-Dec Assistant's Stool 1 EA 0005 Model 532 A-Dec Radius Traditional Delivery System 1 EA 0006 Model 551 A-Dec Assistant's Instrumentation 1 EA 0007 Model 577L A-Dec LED Dental Light, Track Mt 1 EA 0008 Model 595 - Inspire Storage & Dispensing 2 EA 0009 Model 595 - Inspire Storage & Dispensing 4 EA 0010 Model 593 - Inspire Side Support 1 EA 0011 Model 593 - Inspire Side Support 1 EA 0012 Model 594 - Inspire Sterilization Center 1 EA 0013 Model 5744 - Oregon Cart 2 EA 0014 INSTALLATION - Charges For Install Labor 1 EA Total Price Statement of Work Dental Equipment and Furniture - VA WNY HCS Buffalo NY A. GENERAL INFORMATION The general scope of this procurement is to purchase dental equipment and furniture for room 116 of the VA Buffalo, NY Dental Clinic. SCOPE: VA WNY HCS Buffalo needs dental equipment and furniture to perform dental procedures in room 116. The performance of dental procedures requires a patient chair, operator and assistant stools, a delivery system, vacuum instrumentation, a dental light, and casework (aka dental furniture) to store necessary materials, supplies, instruments, and small equipment. Patient chair. Operator stool. Assistant stool. Delivery system. Vacuum instrumentation. Dental furniture, side support console for supplies, instruments, and small equipment. Dental furniture, wall hung dispensing and storage cabinet for supplies, instruments, and small equipment. Dental furniture, tall storage console for bulk supplies, and small equipment. Mobile storage cart(s) for small instruments, and supplies. Common Nomenclature: Dental Equipment, Dental Furniture, Casework, Cabinet. Principles of operation: Dental equipment and furniture allows a dental team to perform treatment on patients efficiently and in a comfortable environment. Original equipment manufacturer model/part numbers: 511b, 77.1019.00, 521, 522, 532, 551, 577L, 595, 593, 594, 5744. Other pertinent information that describes the item, material or service required: The system must include the following components/features/options for acceptance: Patient chair must be UL rated to 500LB. (227 kg) maximum patient load. Patient chair must have accumulators in the hydraulic lift system provide a soft chair start and stop. Lift cylinders are guaranteed for ten years. Patient chair must offer vacuum-formed seamless upholstery that is constructed of 40 ounces per yard/67-gauge superior grade vinyl. Material must meet flammability specifications for: California Flammability Regulation 117-2013. Patient chair headrest must offer a standard dual articulating with gliding cushion and quick release adjustment lever. Patient chair must offer an integrated 300-Watt power supply provides electrical requirements for chair-mounted dental light and ancillary products. Operator stool must utilize a dynamic seat armature with three layers of flexible seating: cushion foam, comfort-flex armature, and flex frame. The seat mechanism must provide 8 degrees of forward tilt in the thigh zone. Operator and assistant stools must utilize a base designed with five casters that provide movement on both carpet and hard flooring surfaces. The base material of the stool must be Akulon (a robust and durable material). Stools must be rated for 350-pound user weight. Assistant stool must have a seat height range of 23.1" to 28.7" (578 mm-729 mm). Dental delivery system must have an integrated four position handpiece control block capable of operating up to four active handpiece positions and constructed of plated lead-free brass (per section 14.17 of the Safe Drinking Water Act). Each handpiece position must have an individual drive air and water adjustment, removable water cartridge valves that allow for quick and easy servicing of block, and a single sliding locking tab that secures the handpiece tubing to the control block (requiring no tools and allows easy access to connect or disconnect tubing). The delivery system must have a water-flow system that eliminates dead ends which can harbor stagnant water. Dental delivery system must be designed with a positive positioning system allowing doctors to easily position the delivery where necessary and stay in place. Dental delivery system must use a 2.0 liter, quick-connect water bottle designed with an interior pickup tube that reduces the chance of cross-contamination. Dental light design must allow for a three axis barycentric positioning capability. Full 540 degrees of horizontal rotation. The dental light must rotate 500-600Â°, the optics head must rotate 105Â° Â±5 total (0Â° up 105Â° down), the optics head must rotate 80Â° Â±5Â° (Â±40Â° from vertical). Dental light must have a cure-safe composite setting (25000lux(2323fc)/yellow light): this is a yellow light providing ample illumination in the oral cavity without the premature curing of photo-initiated dental materials. Dental light thermal energy output must meet the following: 24 BTU/hr. nominal at High intensity. No radiant heat. No bulb replacement. 15-Watt power consumption. Dental furniture material, (shell and related component parts) must be 5/8" or 3/4 thick, 45# industrial grade particleboard. Curved end panels must be made of medium density fiberboard. Dental furniture material must consist of 100% post-industrial recycled/recovered fiber. All particleboard and plywood must be CARB compliant. (Title 17, California Code of Regulation 93120). Cabinet columns must be constructed of e-coated 12-gauge cold rolled steel for strength and rigidity. Dental furniture sub base structure must be made from 10-gauge roll-formed steel with 16-gauge cold-rolled steel powder coated covers that are attached by rare earth neodymium magnets. B. OTHER UNIQUE REQUIREMENTS: Live technical support available between 8 am 5 pm eastern standard time (U.S.), Monday-Friday. 95% of service parts available to be shipped within 24 hours. Warranty: Standard 5-year manufacturer warranty from date of invoice*. *Products (including accessories, components, and replacement parts) not manufactured by vendor must be covered by the original manufacturer's warranty, if any, and are not covered by this Limited Warranty. Examples include, but are not limited to, sterilizers, maintenance equipment, cameras, curing lights, ultrasonics, control modules, electric motors, attachments, handpieces, and turbines, etc. Service and/or Maintenance: Provided through manufacturer technical support available 8 am 5 pm eastern standard time (U.S.) Monday through Friday. Local authorized dealer service technicians must be available, and factory trained. Free technical training must be offered to all government bio-medical service technicians at manufacturer s facilities. Technical training must be offered at various times throughout the year. It is accepted that class sizes will be limited, and registration for training courses will be on a first come first serve basis. Delivery: Boxed freight delivery. Equipment will be delivered to the warehouse: Buffalo VA Medical Center 3495 Bailey Ave, Buffalo, NY 14215. POC, Mohanad Abdullah, (716)834-9200 X 25204. Product will be manufactured to order and will be delivered to the project site, boxed on pallets, and ready for installation. Customer is responsible for receiving boxed equipment deliveries, inclusive of off-loading, handling, storage requirements and movement of goods to site if installation is provided. Undeliverable freight shipments may result in additional storage and handling costs at the Customer s expense. Customer is responsible for disposal of all crating or packing materials with boxed deliveries unless specified in the quote. C. Government-Furnished Property, Material, Equipment, or Information (GFP, GFM, GFE, or GFI): N/A D. SECURITY: Manufacturer must be an authorized GSA vendor. __________________________________________________________________________ Delivery shall be provided no later than 90 days after receipt of order (ARO). Freight on Board (FOB) Destination. Place of Performance/Place of Delivery Address: Buffalo VA Medical Center 3495 Bailey Ave, Buffalo, NY Postal Code: 14215 Country: UNITED STATES The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Products and Commercial Services The following solicitation provisions are incorporated into the Addendum to FAR 52.212-1: 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 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) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) 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)Â North American Industry Classification System (NAICS) code and small business size standard.Â The NAICS code(s) and small business size standard(s) for thisÂ acquisitionÂ appear elsewhere in theÂ Request for Quote (RFQ). However, the small business size standard for a concern that submits aÂ quote, other than on aÂ constructionÂ or serviceÂ acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if theÂ acquisition Is set aside for small business and has a value above theÂ simplified acquisition threshold; or Uses theÂ HUBZoneÂ price evaluation preference regardless of dollar value, unless theÂ quoterÂ waives the price evaluation preference; or Is an 8(a),Â 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)Â Submission ofÂ Quotes. Submit signed and datedÂ quotesÂ to the office specified in thisÂ Request for Quote (RFQ) at or before the exact time specified.Â QuotesÂ mayÂ be submitted on letterhead stationery, or as otherwise specified in theÂ RFQ. As a minimum,Â quotesÂ mustÂ show Â Â Â Â Â Â Â Â Â Â Â (1)Â TheÂ solicitation number; Â Â Â Â Â Â Â Â Â Â Â (2)Â The time specified in theÂ solicitationÂ for receipt ofÂ quotations;Â Â Â Â Â Â Â Â Â Â Â (3)Â The name, address, and telephone number of theÂ quoter; A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in theÂ solicitation. ThisÂ mayÂ include product literature, or other documents, if necessary; Â Â Â Â Â Â Â Â Â Â Â (5)Â Terms of any expressÂ warranty; Â Â Â Â Â Â Â Â Â Â Â (6)Â Price and any discount terms; Â Â Â Â Â Â Â Â Â Â Â (7)Â "Remit to" address, if different than mailing address; (8)Â A completed copy of the representations and certifications at FederalÂ AcquisitionÂ Regulation (FAR)Â 52.212-3Â (see FARÂ 52.212-3(b) for those representations and certifications that theÂ quoterÂ shallÂ complete electronically); Â Â Â Â Â Â Â Â Â Â Â (9)Â Acknowledgment Request for Quotation amendments; (10)Â Past performanceÂ will not be considered in simplified acquisition procurements. (11)Â Quote should include a statement specifying the extent of agreement with all terms, conditions, and provisions included in theÂ solicitation.Â QuotesÂ that fail to furnish required representations and certifications, information requested in (1) to (9), and accept the terms and conditions of theÂ solicitationÂ mayÂ be excluded from consideration. (c)Â Period for acceptance ofÂ Quotes. TheÂ quoterÂ agrees to hold the prices in itsÂ quoteÂ firm for 30 calendar days from the date specified for receipt ofÂ quotes, unless another time period is specified in an addendum to theÂ solicitation. (d)Â Product samples. When required by theÂ solicitation, product samplesÂ shallÂ be submitted at or prior to the time specified for receipt ofÂ quotes. Unless otherwise specified in thisÂ solicitation, these samplesÂ shallÂ be submitted at no expense to the Government, and returned at the sender s request and expense, unless they are destroyed during testing. (e)Â MultipleÂ Quotes.Â QuotersÂ are encouraged to submit multipleÂ quotesÂ presenting alternativeÂ line itemsÂ (provided that the alternativeÂ line itemsÂ are consistent with FARÂ subpartÂ 4.10), or alternativeÂ commercial productsÂ orÂ commercial servicesÂ for satisfying the requirements of thisÂ solicitation. EachÂ quoteÂ submitted will be evaluated separately. (f)Â Late submissions, revisions, and withdrawals ofÂ quotes. (1)Â QuotersÂ are responsible for submittingÂ quotes so as to reach the Government office designated in theÂ solicitationÂ by the time specified in theÂ solicitation. If no time is specified in theÂ solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date thatÂ quotesÂ are due. (2)Â AnyÂ quotation received at the Government office designated in theÂ solicitationÂ after the exact time specified for receipt ofÂ quotesÂ is "late" and may not be considered unless it is received before purchase order issuance and theÂ Contracting OfficerÂ (CO) determines that accepting the lateÂ quotationÂ would not unduly delay theÂ acquisition. (3)Â If anÂ emergencyÂ or unanticipated event interrupts normal Government processes so thatÂ quotations cannot be received at the Government office designated for receipt ofÂ quotesÂ by the exact time specified in theÂ solicitation, and urgent Government requirements preclude a notice of an extension of the closing date, the time specified for receipt ofÂ quotes will be deemed to be extended to the same time ofÂ dayÂ specified in theÂ solicitationÂ on the first workÂ dayÂ on which normal Government processes resume. (g)Â 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, theÂ quoter s initialÂ quoteÂ shouldÂ contain theÂ best terms from a price and technical standpoint. However, the GovernmentÂ mayÂ reject any or allÂ quotesÂ 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)Â Multiple awards. The GovernmentÂ mayÂ issue a purchase order for any item or group of items of a quotation, unless theÂ quoterÂ qualifies theÂ quotation by specific limitations. Unless otherwise provided in the Schedule,Â quotationsÂ mayÂ 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 theÂ quoterÂ specifies otherwise in theÂ quotation. Â Â Â Â Â Â (1)Â Availability of requirements documents cited in theÂ solicitation. (i)Â 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 thisÂ solicitationÂ mayÂ 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)Â If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued thisÂ solicitation, a single copy of specifications, standards, and commercial item descriptions cited in thisÂ solicitationÂ mayÂ 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)Â Most unclassified Defense specifications and standardsÂ mayÂ be downloaded from the following ASSIST websites: Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â (i)Â ASSIST (Â https://assist.dla.mil/online/start/). Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â (ii)Â Quick Search (Â http://quicksearch.dla.mil/).Â Â Â Â Â Â Â Â Â Â Â (3)Â Documents not available from ASSISTÂ mayÂ 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)Â Nongovernment (voluntary) standardsÂ mustÂ be obtained from the organization responsible for their preparation, publication, or maintenance. (j)Â Unique entity identifier (UEI). Applies to all quotesÂ that exceed theÂ micro-purchase threshold, andÂ quotesÂ at or below theÂ micro-purchase thresholdÂ if theÂ solicitationÂ requires the contractor to beÂ registered in the System for Award Management (SAM).) TheÂ quoterÂ mustÂ enter, in the block with its name and address on the cover page of itsÂ quote, the annotation "Unique Entity Identifier" followed by theÂ unique entity identifierÂ that identifies theÂ quoters name and address. TheÂ quoterÂ alsoÂ must enter itsÂ Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to theÂ UEI. The suffix is assigned at the discretion of theÂ quoterÂ to establish additional SAM records for identifying alternative EFT accounts (see FARÂ subpartÂ 32.11) for the same entity. If theÂ quoterÂ does not have a UEI, itÂ shouldÂ contact the entity designated atÂ www.sam.govÂ forÂ UEIÂ establishment directly to obtain one. TheÂ quoterÂ shouldÂ indicate that it is aÂ quoterÂ for a Government contract when contacting the entity designated atÂ www.sam.govÂ for establishing theÂ 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) 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 is the Lowest Price Technically Acceptable (LPTA) Offer. The following factor shall be used to evaluate quotations: 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. 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: Price: The Government will evaluate the price by adding the total of all line item prices. The Total Evaluated Price will be that sum. The Government will complete a preliminary scan of all quotations for conformance with the solicitation requirements, such as equality of brand name, if applicable. The Government will then choose the offer that conforms with the solicitation requirements and has the lowest price. (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://www.sam.gov/portal 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. www.sam.gov registration is required to be completed at 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) The following clauses are incorporated into the Addendum to FAR 52.212-4: 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION) VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) VAAR 852.246-71 REJECTED GOODS (OCT 2018) VAAR 852.247-71 DELIVERY LOCATION (OCT 2018) VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018) VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023) VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services (Feb 2024). 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 Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115 91). (3) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115 232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.232 40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [X] (5) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109 282) (31 U.S.C. 6101 note). [X] (9) 52.204 27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117 328). [X] (11)(i) 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition. (DEC 2023) (Pub. L. 115 390, title II). [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] (25) 52.219 27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f). [X] (26) (i) 52.219 28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)). [X] (32) 52.222 19, Child Labor Cooperation with Authorities and Remedies (NOV 2023) (DEVIATION) (JAN 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). [X] (36)(i) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). [X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). [X] (48) 52.223 18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). [X] (52)(i) 52.225-1, Buy American Supplies (OCT 2022) (41 U.S.C. chapter 83). [X] (55) 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). [X] (62) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018) (31 U.S.C. 3332). [X] (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). (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 (SEP 2023) (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) 52.247-64, 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) Attachment 1: Template for Combined Synopsis-Solicitation for Commercial Products and Commercial Services Effective Date: 03/15/2023 Revision: 01 All quoters shall submit a copy of their authorized distributor letter to verify that they are an authorized distributor of the products/service they are providing, if applicable. All quotes shall be sent to the Network Contracting Office 2 (NCO 2), Jonathan Kilgore, Contract Specialist 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. 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 April 30, 2024, at 4:00 PM Eastern Standard Time at jonathan.kilgore@va.gov. 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. Point of Contact Jonathan Kilgore, Contract Specialist, jonathan.kilgore@va.gov.

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