Inactive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)

36C24724Q0456 Page 1 of 41 Page 38 of 57 Page 1 of 41 SUBJECT* ANESTHESIA INFUSION PUMPS GENERAL INFORMATION CONTRACTING OFFICE S ZIP CODE* 29209-1639 SOLICITATION NUMBER* 36C24724Q0456 RESPONSE DATE/... 36C24724Q0456 Page 1 of 41 Page 38 of 57 Page 1 of 41 SUBJECT* ANESTHESIA INFUSION PUMPS GENERAL INFORMATION CONTRACTING OFFICE S ZIP CODE* 29209-1639 SOLICITATION NUMBER* 36C24724Q0456 RESPONSE DATE/TIME/ZONE 03-21-2024 10:00AM EASTERN TIME, NEW YORK, USA ARCHIVE 60 DAYS AFTER THE RESPONSE DATE RECOVERY ACT FUNDS N SET-ASIDE SDVOSB PRODUCT SERVICE CODE* 6515 NAICS CODE* 339112 CONTRACTING OFFICE ADDRESS Department of Veterans Affairs W.J.B. Dorn VA Medical Center 6439 Garners Ferry Road Columbia SC 29209-1639 POINT OF CONTACT* Joseph Locke Contracting Officer 803-979-0338 joseph.locke@va.gov PLACE OF PERFORMANCE ADDRESS AUGUSTA VA MEDICAL CENTER Freedom Way, Bldg. 111 WAREHOUSE Augusta, GA POSTAL CODE 30904 COUNTRY USA ADDITIONAL INFORMATION AGENCY S URL: https://www.va.gov/augusta-health-care/ URL DESCRIPTION; Augusta, GA VAMC AGENCY CONTACT S EMAIL ADDRESS EMAIL DESCRIPTION DESCRIPTION Solicitation: Ophthalmic Supplies Notice Type: Combined Synopsis/Solicitation Contracting Office Address: NCO 7 Contracting Office Department of Veterans Affairs VA Columbia Healthcare System 6439 Garners Ferry Road Columbia, SC 29029 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 a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-01 dated January 25, 2024. This solicitation is SET ASIDE FOR SERVICE DISABLED VETERAN OWNED BUSINESSES (SDVOSB) ONLY. All vendors interested in submitting a quotation for this requirement MUST be registered in System for Award Management (SAM), www.sam.gov and MUST be registered in Verified Information Pages (VIP), www.vip.gov as a SDVOSB. The associated North Aerican Industrial Classification System (NAICS) code for this procurement is 339112; Surgical and Medical Instrument Manufacturing; Small Business Size Standards; 1000 employees. The FSC/PSC is 6515 The Augusta VA Medical Center, Freedom Way, Bldg. 111, Augusta, GA 30904 is seeking to procure anesthesia infusion pumps. Offerors are therefore asked to complete PRICE/COST SCHEDULE-Item Information for each period of performance in their response, and to include a Grand Total. Specifications and Salient Characteristics for Anesthesia Syringes Pumps The syringe pumps must have the ability to administer fluids (i.e.: drugs, antibiotics, blood, lipids, etc.) via a variety of syringe sizes (1-60 mL) requiring precisely controlled infusion rates via venous, arterial, epidural, intrathecal, subcutaneous, and enteral routes. Possesses a nominal +/-2% delivery accuracy with an infusion range of 0.01 mL/hr to > 1000 mL/hr. Delivery modes must include continuous, volume/time, mass, body weight, intermittent, and bolus. Possesses software to allow for the entry of a drug library for commonly used medications over a range of concentrations. Allows for end user programming of drug delivery for medications/concentrations not included in the installed drug library. May be used inside the MRI outside the 150 Gauss line and with shielded magnets of field strength of 1.5 Tesla. Ability to run via AC power or battery power. B.2 PRICE/COST SCHEDULE ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 12.00 EA __________________ __________________ 4000-0106-01 - Medfusion 4000 Syringe Pump, v1.6 LOCAL STOCK NUMBER: 4000-0106-01 0002 12.00 EA __________________ __________________ PharmGuard Medication Safety Software, 4000 v1.6 LOCAL STOCK NUMBER: 22-0014-0106-01-6 0003 12.00 EA __________________ __________________ Rotating Pole Clamp LOCAL STOCK NUMBER: 22-1050-51 0004 1.00 EA __________________ __________________ Starter Software Implementation Services LOCAL STOCK NUMBER: 22-0026-001 GRAND TOTAL __________________ B.3 DELIVERY SCHEDULE ITEM NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE 0001 SHIP TO: CH A&MM Department Uptown Warehouse 1 Freedom Way, Bldg. 111 Augusta, GA 30904 United States 12.00 MARK FOR: Joseph Locke 803-979-0338 joseph.locke@va.gov 0002 SHIP TO: CH A&MM Department Uptown Warehouse 1 Freedom Way, Bldg. 111 Augusta, GA 30904 United States 12.00 MARK FOR: Joseph Locke 803-979-0338 joseph.locke@va.gov 0003 SHIP TO: CH A&MM Department Uptown Warehouse 1 Freedom Way, Bldg. 111 Augusta, GA 30904 United States 12.00 MARK FOR: Joseph Locke 803-979-0338 joseph.locke@va.gov 0004 SHIP TO: CH A&MM Department Uptown Warehouse 1 Freedom Way, Bldg. 111 Augusta, GA 30904 United States 1.00 MARK FOR: Joseph Locke 803-979-0338 joseph.locke@va.gov EVALUATION CRITERIA AND BASIS FOR AWARD: 52.212-2 EVALUATION COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: SEE ADDENDUM BELOW Technical and past performance, when combined, are Equal. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified 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) Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Page 8 of 8 Combined Synopsis/Solicitation Notice *= Required Field Combined Synopsis/Solicitation Notice Page 1 of 8 EVALUATION(S) OF QUOTATION(S): Lowest Priced Technically Acceptable; Brand Name or Equal; Meets or Exceeds ALL stated salient characteristics of the Brand Name Item; Contractor shall provide twelve (12) syringe pumps with supporting software to manage drug library for pumps with implementation support. 2. Contractor shall provide a one-year manufacturer s warranty at no cost to the Government. 3. Contractor shall provide support for initial pump implementation. 4. Contractor shall provide Specification Sheets for both the Brand Name item as well as the Equivalent item, if an equivalent item is being quoted. The following solicitation provision applies to this acquisition and is included below in full text. The full text may be accessed electronically at http://acquisition.gov/comp/far/index.html. FAR 52.212-1, Instructions to Offerors- Commercial Products (Sep 2023) 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 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) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of 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 Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision. (2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil. (3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by (i) Using the ASSIST feedback module ( https://assist.dla.mil/ feedback); or (ii) Contacting the Defense Standardization Program Office by telephone at 571 767 6688 or email at assisthelp@dla.mil. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier.(Applies to all 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) [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) 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) VAAR 852.219-73  VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)  (a) Definition. for the Department of Veterans Affairs, Service-disabled Veteran-owned small business concern or SDVOSB :    (1) Means a small business concern      (i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);      (ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;      (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;      (iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and      (v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.    (2) The term Service-disabled Veteran means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).    (3) The term small business concern has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).    (4) The term small business concern owned and controlled by Veterans with service-connected disabilities has the meaning given the term small business concern owned and controlled by service-disabled veterans under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).    (5) The term SDVOSB participant  or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).  (b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.    (1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.    (2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.    (3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.  (c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.  (d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or similarly situated (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219 75 or 852.219 76 as applicable). These requirements are summarized as follows:    (1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.    (2) Supplies/products.      (i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.      (ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.    (3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.    (4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.    (5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.   (e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows: [ ] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [ ] By the end of the performance period for each order issued under the contract.  (f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.  (g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.  (h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406 2 Causes for Debarment). 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 52.212-3, Offerors Representations and Certifications Commercial Items (NOV 2020) FAR 52.204-7, System for Award Management (Oct 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.204-29, Federal Acquisition Supply Chain Security Act Orders- Representation and Disclosures (Dec 2023) FAR 52.211-6, Brand Name or Equal FAR 52.214-21, Descriptive Literature FAR 52.229-11, Tax on Certain Foreign Procurements- Notice and Representation (Jun 2020) FAR 52.233-2, Service of Protest (Sep 2006) VAAR 852.233-71, Alternate Protest Procedure (Oct 2018) VAAR 852.239-75, Information and Communication Technology Accessibility Notice (Feb 2023) 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 clause applies to this acquisition and is included in full text: 1. VAAR 852.212-71 Gray Market and Counterfeit Items. GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023) (a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory. (b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. (c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. (End of clause) The following contract clauses apply to this acquisition; are included by reference: 1. FAR 52.212-4, Contract Terms and Conditions Commercial Items (OCT 2018) The following clauses are incorporated into 52.212-4 as an addendum to this contract: 52.204-18, 52.217-8, 52.217-9, VAAR 852.203-70, VAAR 852.219-10, VAAR 852.232-72, and VAAR 852.237-70. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (NOV 2020). The following subparagraphs of FAR 52.212-5 are applicable: 52.203-6, 52.204-10, 52.204-27, 52.204-30, 52.209-6, 52.219-8, 52.219-27, 52.219-28, 52.219-33, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-50, 52.223-18, 52.225-1, 52.225-13, 52.229-12, 52.232-33; 52.232-36. VAAR 852.219-73, VA Notice of Total Set-Aside for Certified Service-Disabled Veteran Owned Small Businesses (Deviation) Jan 2023 VAAR 819-76 VA Notice of Limitations on Subcontracting- Certificate of Compliance for Supplies and Products (Jan 2023) VAAR 852.232-72 Electronic Submission of Payment Requests...