6640--Biotek Synergy Microplate/Nonodrop One Spectrophotometer for Buffalo VA Medical Center

Active

Contract Opportunity

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 334516 Analytical Laboratory Instrument Manufacturing
.
The FSC/PSC is 6640 Laboratory Equipment and Supplies

The Network Contracting Office 02, 130 West Kingsbridge Road, Bronx, NY 10468, is seeking to purchase One (1) Agilent BioTek Synergy HTX MultiMode Reader or equivalent and one (1) Thermo Scientific NanoDrop One Microvolume UV-Vis Spectrophotometer or equivalent for the Buffalo VA Medical Center. Note that this is a brand name or equal requirement.

All interested companies shall provide quotations for the following:

Supplies/Services

Line Item
Description
Quantity
Unit of Measure
Unit Price
Total Price
0001
Agilent BioTek Synergy HTX Multi-Mode Microplate Reader (or equivalent), Model: S1LFA, Includes: Absorbance; Luminescence; Fluorescence (Top/Bottom); Alpha; Incubation; Shaking, Compatibility: BioStack and Third Party Automation Compatible, Detector Type: Photodiode, PMT, Plate Type: 6- to 384-well plates
1
EA
0002
Thermo Scientific NanoDrop One Microvolume UV-Vis Spectrophotometer (or equivalent), Includes: PR-1 pedestal conditioning solution, PV-1 performance verification solution, USB memory device, Microfiber screen wipe, USA Power Cable, Warranty: 2 Years
1
EA

Pricing should be all inclusive, including all materials and shipping and handling.
______________________________________________________________________

STATEMENT OF WORK (SOW)
1. Technical Point of Contact
Name:
Cynthia Tatta
Section:
Research S/L
Address:
3495 Bailey Avenue Buffalo, NY 14215
Phone Number:
716-862-6524
Fax Number:
716-862-6526
E-Mail Address:
Cynthia.tatta@va.gov

2. Contract Title:
Agilent BioTek Synergy HTX Multi-Mode Microplate Reader and Thermo Scientific NanoDrop One Microvolume UV-Vis Spectrophotometer

3. Background.
This effort is required to accomplish Specific Aims of a VA Merit Award (BLRD) to the Principal Investigator (Zhen Yan, PhD). The Agilent BioTek Synergy HTX multimode reader combines versatility and performance for many key end point and kinetic applications with UV-Vis absorbance and filter-based fluorescence and luminescence, including Protein quantification, Enzyme kinetics, ELISAs, Cytotoxicity, Cell proliferation, Drug absorption and metabolism. The Thermo Scientific NanoDrop One Microvolume UV-Vis Spectrophotometer is a high-performing and popular instrument designed for determining the average concentration of DNA or RNA in a sample. It uses the optical technology, UV-Vis measurement, to accurately quantify the amount of nucleic acids in a sample. Without these instruments, it is impossible to compare differential expression of proteins and nucleic acids (RNA & DNA) in diseased brain samples.

4. Scope.
The scope of work is the delivery of the instruments with training on their usage provided by the seller. The instruments will be located in Building 20, Rm 231 of the Western New York VA Research Facility. The work will be performed in Dr. Yan s laboratory. Other labs can also share the instruments.

5. Specific Tasks.
It is expected that instruments will be delivered and training provided.

5.1 Task 1 - Enterprise Management Controls.

5.1.1 Subtask 1 Installation of Equipment. The Contractor will travel to the VA WNYHCS to install the instruments and provide on-site training. It is estimated that the device will be installed and adjusted within the same day. It is expected that the system will provide the full expected technical capacity when evaluated under actual conditions presented by the users; this will provide the essential quality assurance for the device in this SOW.

6. Performance Monitoring
The Principal Investigator will continuously measure performance of the instrument. Changes in functionality will be communicated to the contractor by Dr. Yan on an as-needed basis.
7. Security Requirements
The Contractor will not require access to VA patient records, patient data, or VA computer systems. The Contractor will not need to enter the VA hospital to install the equipment. The equipment computer will NOT be connected to the VA internet in VA WNY Building 20. It will be a stand-alone device. It will be housed in Room 231 in Building 20 of the VA WNY Research Service. The Contractor will not require access to any sensitive research information as well. Given the above, there is a perceived minimal risk regarding patient or information security.
8. Other Pertinent Information or Special Considerations.

a. Packaging, Packing and Shipping Instructions.
The Contractor must provide shipping container for the equipment which is appropriate to its transport, arrival, movement in the VA WNY system, and protection during unpacking in order to assure that there is no damage to the instrument physically or functionally.

9. Place of Performance.
Work will be performed at the VA Western NY Healthcare System, Building 20. The instrumentation will be installed in Rm 231 of Building 20 (Dr. Yan s laboratory). Shipping of the instrument, insurance of the instrument during shipping, Contractor travel and lodging needed for the installation and education are all expected to be part of the single contract price.
10. Period of Performance.
Shipping and installation of equipment shall occur within 30 days after receipt of order (ARO). During this time the contractor should also plan with the VA POC for installation of equipment as well as training.
13. Delivery Schedule.

SOW Task#
Deliverable Title
Format
Number
Calendar Days ARO
1
Agilent BioTek Synergy HTX Multi-Mode Microplate Reader and Thermo Scientific NanoDrop One Microvolume UV-Vis Spectrophotometer
Contractor-determined format
Standard Distribution*
n/a
* Standard Distribution: 1 copy of the transmittal letter without the deliverable to the Technical Point of Contact shall be emailed.
(End of Statement of Work)

Salient Characteristics

Agilent BioTek Synergy HTX Multi-Mode Microplate Reader and Thermo Scientific NanoDrop One Microvolume UV-Vis Spectrophotometer
System Description
The Agilent BioTek Synergy HTX Multi-Mode Microplate Reader is specifically designed to use UV-Vis absorbance and filter-based fluorescence and luminescence for many key end point and kinetic applications, including Protein quantification, Nucleic acid quantification, Enzyme kinetics, ELISAs, Cell proliferation, Cytotoxicity, Drug absorption and metabolism. The compact system has a unique dual-optics design: a xenon flash lamp and monochromator enable filter-free, 200 to 999 nm wavelength selection for absorbance measurements, and a tungsten halogen lamp plus interference filters provide excellent sensitivity for fluorescence detection. Synergy HTX also features the Agilent BioTek unique 4-Zone incubation to 50 ºC, dual reagent injectors, plus linear and orbital shaking to meet a wide variety of assay requirements in 6- to 384-well microplates. Synergy HTX is controlled by the easyto-use, yet powerful Agilent BioTek Gen5 microplate reader and imager software for data collection, analysis, exporting and reporting. For increased workflow automation and throughput, the Agilent BioTek BioStack microplate stacker can be easily connected to Synergy HTX to automatically process up to 50 microplates at a time. For convenience, versatility and affordability, Synergy HTX is the ideal multimode microplate reader.
The Thermo Scientific NanoDrop One Microvolume UV-Vis Spectrophotometer is a high-performing and popular instrument designed for determining the average concentration of DNA or RNA in a sample. It uses the optical technology, UV-Vis measurement, to accurately quantify the amount of nucleic acids in a sample.
These instruments shall be delivered and installed at the VA Western NY Medical Center Research Service.
Specifications
The vendor shall supply instrumentation that meets or exceeds the following specifications:

Agilent BioTek Synergy HTX Multi-Mode Microplate Reader
Monochromator-based UV-Vis absorbance and filter-based fluorescence detection for flexibility and performance
2 L low volume nucleic acid quantification with Take3 and Take3 Trio plates
Cell friendly orbital shaking and advanced incubator design to 50 ºC with Condensation Control to minimize plate lid condensation
Dual reagent injectors for inject/read applications, such as enzyme kinetics and Dual-Luciferase Reporter assays
Alpha assay capable
Modular and upgradable
Powerful Gen5 microplate reader and imager software for reader control and all
data reduction needs
Compatible with the BioStack microplate stacker and 3rd party automation

NanoDrop One Microvolume UV-Vis Spectrophotometer
include the NanoDrop One/OneCÂ Spectrophotometer for convenient, single-sample microvolume analysis
It is simple no sample preparation, dyes, or standards are required
Can provide direct measurements of purity ratios A260/280 and A260/230
Can provide information on contaminants: can identify non-nucleic acid contamination in samples (proteins, phenol, guanidine salts) as well as mammalian DNA/RNA contamination and provide corrected concentrations
(End of Salient Characteristics)
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:
Buffalo VA Medical Center
3495 Bailey Avenue Buffalo, NY
Postal Code:
14215
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:

52.212-1Â 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)Â Price and any discount terms;
(7)Â "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 Purchase Order. The Government may issue a purchase order to one or more quoters as identified in the Request for Quote (RFQ). Therefore, the quoter s initial quote should contain the best terms from a price and technical standpoint. However, the Government may reject any or all quotes if such action is in the public s best interest. In addition, the Contracting Officer (CO) may issue a purchase order to other than the quoter with the lowest quoted price.
(h) Multiple awards. The Government may accept issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the quotation, offers may not be submitted for quantities less than those specified in the RFQ. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the 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)Â Using the ASSIST feedback module (Â 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)Â [Reserved]
(l)Â Notification. The CO will not notify unsuccessful quoters that responded to this Request for Quotation (RFQ).
(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)
852.239-75 Information and Communication Technology Accessibility Notice (Feb 2023)
FAR 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

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 or Quality
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, the offeror 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 offeror must be clearly identified in writing. The evaluation will consider the following:
Technical or Quality: 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.
Price: The Government will evaluate the price by adding the total of all line item prices. The Total Evaluated Price will be that sum.

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)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

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 Factors (Deviation) (Jan 2023)

852.215-71 Evaluation Factor Commitments (Oct 2018)

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)
Buffalo VA Medical Center
3495 Bailey Avenue
Buffalo, NY 14215

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) (Deviation Jul 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:

(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) (Â Pub. L. 115 390, title II).

(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).

(26) (i) 52.219-28, PostAward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).
(32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2025)(E.O.13126)

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

(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)

(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.).

(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) (Â 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)
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 completion 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, 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 9:00AM EST on August 11, 2025 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, Contracting Officer, Jonathan.kilgore@va.gov.

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