5836--TV's and Mount

Active

Contract Opportunity

Procurement Technical Assistance Centers (PTACs) are an official government contracting resource for small businesses. Find your local PTAC (opens in new window) for free government expertise related to contract opportunities.

Combined Synopsis-Solicitation 36C24923Q0626 TV and Mount
Page 18 of 18
DESCRIPTION
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, 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 Federal Acquisition Circular 2023-04.
This solicitation is set-aside for Small Business.
The associated North American Industrial Classification System (NAICS) code for this procurement is 334220, with a small business size standard of 1,250 employees.
The FSC/PSC is 5836.
Network Contracting Office (NCO) 9 on behalf of Mountain Home VA Medical Center in Mountain Home, TN (VAMC) is seeking to purchase brand name or equal TV s and Mounts that work with it.
All interested companies shall provide quotations for the following:
Supplies/Services
Item Number
Description
Quantity
Unit of Measure
Unit Price
Extended Price
0001
32 Centric Hospital TV
59
EA
Â
Â
0002
Full-Swing Mount Medium f/25-55 /REG
59
EA
Â
Â

Salient Characteristics:
T.V Salient Characteristics
Real-Time Remote Monitoring
When an error occurs, a notification can be sent through the SNMP (Simple Network Management Protocol) in real-time.
Power & Network in One Line with WoL (Wake on LAN)
USB Data Cloning
Create a schedule for the TV's operation. Once you set opening/closing hours and holidays, the TV will turn on and off according to the schedule.
Speaker Output
Enhance the entertainment experience by adding an additional speaker. Guests can listen to and control the TV's audio from anywhere in the business areas, including restrooms. 5-Pin Plug that connects to Pillow Speaker
Insert Image
Lock Mode
Compatible with LG, Teleadapt (via RS232C), and Guestlink (HDMI CEC) Remote Jack Packs
Welcome Screen (splash image)
Welcome Video
USB Auto Playback (+ Playlist)
Has at least 2 HDMI inputs and 1 USB input

Mount for TV:
Full Swing Mount that is compatible with TV that is provided.
Place of Performance/Place of Delivery
Address:
James H Quillen VAMC
1 Veterans Way Bldg 205 Warehouse
Mountain Home, TN
Postal Code:
37684
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 Items
FAR 52.212-3, Offerors Representations and Certifications Commercial Items
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 Items. If paragraph (j) of the provision is applicable, a written submission is required.
The following contract clauses apply to this acquisition:
FAR 52.212-4, Contract Terms and Conditions Commercial Items DEC 2022.
FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders JUN 2023.
All quoters shall submit the below items. Non-compliance to the below items with this requirement may result in disqualification of the quote.
Only one quote. Quote shall be on offeror s company letterhead, in PDF format and emailed to james.ferro@va.gov NLT 09/20/2023 at 12:00 PM CST. The solicitation number, 36C24923Q0626 TV and Mount must be referenced in the subject line.

Product information brochure with specifications and user manual shall accompany quote.

Offeror must submit certification that equipment meets the salient characteristics of listed above.

Quote must reflect anticipated delivery date after receipt of order.

Highlighted columns of attached required line item spreadsheet shall be completed with product information and submitted along with offer. No columns shall be deleted.

Letters of Authorization (LOA) shall be included with offer.

Proof of SDVOSB status shall be included with offer.
Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.
The following are the decision factors:
Technical or Quality
Delivery (After receipt of Order)
Price
The award will be made to the response most advantageous to the Government.
Responses should contain your best terms and conditions.
52.211-6 BRAND NAME OR EQUAL (AUG 1999)
If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet or exceed the characteristics of the choice product.
To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;
(2) Clearly identify the item by
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.
The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.
(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.
(End of Provision)
52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS (MAR 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 solicitation. However, the small business size standard for a concern that submits an offer, 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 offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered 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 Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers 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 offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, 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 offers. 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) Multiple offers. Offerors are encouraged to submit multiple offers presenting 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. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, 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 offers or revisions are due.
(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government s control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, 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 offers 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.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror s initial offer should contain the offeror s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(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 specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-
GSA Federal Supply Service Specifications Section
Suite 8100 470 East L Enfant Plaza, SW
Washington, DC 20407
Telephone (202) 619-8925
Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i)Â ASSIST (Â https://assist.dla.mil/online/start/).
(ii)Â Quick Search (Â http://quicksearch.dla.mil/).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-
(i)Â Using the ASSIST Shopping Wizard (Â https://assist.dla.mil/wizard/index.cfm);
(ii)Â Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii)Â Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror 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 Offeror's name and address. The Offeror 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 Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror 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 Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k)Â [Reserved]
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency s evaluation of the significant weak or deficient factors in the debriefed offeror s offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4)Â A summary of the rationale for award;
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
52.212-2 EVALUATION SIMPLIFIED ACQUISITION PROCEDURES
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
Delivery (After receipt of Order)
Price
Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:
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.>
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 10:00 AM CST on 07/17/2023 at james.ferro@va.gov.
Solicitation number, 36C24923Q0428 Transcend Chair Cabinets w/Brackets must be referenced in the subject line and on the cover page of the quote. Non-compliance with this requirement may result in disqualification of the quote.
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.
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 items:
(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115 91).
(3) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115 232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[] (4) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109 282) (31 U.S.C. 6101 note).
[] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).
[X] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).
[] (ii) Alternate I (MAR 2020) of 52.219-28.
[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[x] (30)(i) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246).
[] (ii) Alternate I (JULY 2014) of 52.222-35.
[] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
[] (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[X] (57) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Oct 2018) (31 U.S.C. 3332).
[] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
[] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)
(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.
[X] 852.203 70, Commercial Advertising.
[] 852.209 70, Organizational Conflicts of Interest.
[x] 852.211 70, Equipment Operation and Maintenance Manuals.
[] 852.214 71, Restrictions on Alternate Item(s).
[] 852.214 72, Alternate Item(s). [Note: this is a fillable clause.]
[] 852.214 73, Alternate Packaging and Packing.
[] 852.214 74, Marking of Bid Samples.
[x] 852.215 70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.
[] 852.215 71, Evaluation Factor Commitments.
[] 852.216 71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.
[] 852.216 72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.
[] 852.216 73, Economic Price Adjustment State Nursing Home Care for Veterans.
[] 852.216 74, Economic Price Adjustment Medicaid Labor Rates.
[] 852.216 75, Economic Price Adjustment Fuel Surcharge.
[] 852.219 9, VA Small Business Subcontracting Plan Minimum Requirements.
[X] 852.219 10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.
[] 852.219 11, VA Notice of Total Veteran-Owned Small Business Set-Aside.
[] 852.222 70, Contract Work Hours and Safety Standards Nursing Home Care for Veterans.
[] 852.228 70, Bond Premium Adjustment.
[] 852.228 71, Indemnification and Insurance.
[] 852.228 72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.
[X] 852.232 72, Electronic Submission of Payment Requests.
[X] 852.233 70, Protest Content/Alternative Dispute Resolution.
[X] 852.233 71, Alternate Protest Procedure.
[] 852.237 70, Indemnification and Medical Liability Insurance.
[X] 852.246 71, Rejected Goods.
[] 852.246 72, Frozen Processed Foods.
[] 852.246 73, Noncompliance with Packaging, Packing, and/or Marking Requirements.
[] 852.270 1, Representatives of Contracting Officers.
[] 852.271 72, Time Spent by Counselee in Counseling Process.
[] 852.271 73, Use and Publication of Counseling Results.
[] 852.271 74, Inspection.
[] 852.271 75, Extension of Contract Period.
[x] 852.273 70, Late Offers.
[] 852.273 71, Alternative Negotiation Techniques.
[] 852.273 72, Alternative Evaluation.
[] 852.273 73, Evaluation Health-Care Resources.
[] 852.273 74, Award without Exchanges.
(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:
[] 852.237 74, Nondiscrimination in Service Delivery.
(End of Clause)
852.219-76Â VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products (NOV 2022)
As prescribed in 819.7011(c), insert the following clause. The contracting officer shall tailor the clause in paragraph (a)(2)(iii) as appropriate:
VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products (NOV 2022)
(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that -
(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Offeror check the appropriate box]
(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.
(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in - check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:
(i)  Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).
(ii)  Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer. [Offeror fill-in - check each box below.]
The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).
The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.
The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.
(iii) The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.]
or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).]
If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]
(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)
(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(iii) Prosecution for violating section 1001 of title 18.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror's bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.
Certification
I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].
Printed Name of Signee:
Printed Title of Signee:
Signature:
Date:
Company Name and Address:
(End of clause)
The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.
(FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
FAR Number
Title
Date
52.204-13
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
OCT 2018
52.204-18
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
AUG 2020
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
MAR 2023
852.212-71
GRAY MARKET ITEMS
FEB 2020
852.242-71
ADMINISTRATIVE CONTRACTING OFFICER
OCT 2020

Point of Contact
Any questions or concerns regarding this solicitation shall be sent in writing only via email addressed to james.ferro@va.gov subject line: 36C24923Q0626 TV and Mount Questions shall be submitted NO LATER THAN September 19th, 2023 @ 10:00 AM CST.

Attachments/Links