Inactive Total Small Business Set-Aside (FAR 19.5)

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 Proced... 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 (FAC) 2024-02 published in the Federal Register on December 22, 2023. This solicitation is a total set aside to Small business. The associated North American Industrial Classification System (NAICS) code for this procurement is 811121, with a small business size standard of $9M. The FSC/PSC is 2310. The Bruce W. Carter VA Medical Center - Miami Veterans Healthcare System 1201 NW 16th Street - Miami, FL 33125 is seeking to award a Firm Fixed Price contract for a driver's rehabilitation training vehicle. This requirement is a brands name or equal requirement, and all interested companies shall provide quotations for the following: Supplies/Services ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1.00 EA __________________ __________________ Training Vehicle: Chrysler Pacifica Tour L or Equal that include the following: LEATHER SEATS ADAPTIVE CRUISE-CONTROL WITH STOP & GO BLIND SPOT AND REAR CROSS-PATH DETECTION PARKSENSE REAR PARK ASSIST WITH STOP LANE-DEPARTURE WARNING PLUS FULL-SPEED FORWARD COLLISION WARNING PLUS PEDESTRIAN/CYCLIST EMERGENCY BRAKING ADVANCED BRAKE-ASSIST RAIN-SENSITIVE WINDSHIELD WIPERS PARKVIEW REAR BACK-UP CAMERA ADVANCED MULTISTAGE FRONT AIR BAGS DRIVER INFLATABLE KNEE-BOLSTER AIR BAG SUPPLEMENTAL SIDE-CURTAIN ALL-ROWS AIR BAGS SUPPLEMENTAL FRONT SEAT-MOUNTED SIDE AIR BAGS ELECTRONIC STABILITY CONTROL TIRE SERVICE KIT REMOTE START SYSTEM SENTRY KEY THEFT DETERRENT SYSTEM REMOTE PROXIMITY FOR ALL DOORS PUSH BUTTON START BLUETOOTH HANDS-FREE PHONE AND AUDIO PASSENGER INFLATABLE KNEE-BOLSTER AIR BAG 360 SURROUND VIEW CAMERA SYSTEM PARALLEL & PERP PARK ASSIST W/STOP PARKSENSE FT/RR PARK ASSIST W/STOP 0002 1.00 EA __________________ __________________ Training Vehicle conversion: Lowered Floor, Power Door, Power Fold-Out Ramp, Power Kneeling System, Remote Entry, Step and Roll-Away Driver/Passenger Seats, Rubberized Floor (Freight Included) 0003 1.00 EA __________________ __________________ MidiTech Equipment for evaluation vehicle by bever. It includes all the possible gas/brake input devices: Gas/brake stick, gas/brake lever with T- or L-grip, gas/brake slide w. switches and tri-pin, Mounting set Tri-pin for gas/brake lever, Armrest for input devices, Plug-in instructor Brake (optional) 0004 1.00 EA __________________ __________________ Installation of MID-TECH Equipment. 0005 1.00 EA __________________ __________________ 6-WAY RELEASE AND ROLL DRIVER SEAT. Is designed for training vehicles and meant to be removable. 0006 1.00 EA __________________ __________________ WHEELCHAIR MOUNTED UPPER CHEST RESTRAIN W/ D" RING The belt's D shape ring and Velcro makes it easy to use and adjust for people with limited dexterity 1 0007 1.00 EA __________________ __________________ JIMMY BELT ASSIST PACIFICA Is a seat buckle assist device designed to aid drivers & passengers with buckling and unbuckling the seat belt buckle 0008 1.00 EA __________________ __________________ MILFORD LIFT (S,M,L,XL) FOR PASSENGER This person Lift is used to transfer a person from their wheelchair Into the car 0009 1.00 EA __________________ __________________ MILFORD INSTALLATION Our engineering department will have to develop the installation as this device is not designed to be installed in a conversion van 0010 1.00 EA __________________ __________________ ROTARY STYLE GEAR SELECTOR This 3D printed extension provides a person with low dexterity access to the modern vehicle electronic gear control knob 0011 1.00 EA __________________ __________________ CROSSOVER TURN SIGNAL This lever enables the driver to activate the vehicle turn signals from the right side of the steering wheel 0012 1.00 EA __________________ __________________ DROP STYLE TURN SIGNAL This lever allows drivers to activate turn signals while using a left-hand control without removing their hand from hand control 0013 1.00 EA __________________ __________________ CROSSOVER INSTALLATION LABOR 0014 1.00 EA __________________ __________________ Q'STRAINT HEAD AND BACK REST EFUTURESAFE Q'straint engineers are willing to work with us on the custom installation of this system 0015 1.00 EA __________________ __________________ QSTRAINT DELUXE RETRACTORS Use to secure any wheelchair to the floor tracks 1 0016 1.00 EA __________________ __________________ BRAKE LIGHT INDICATOR (An external circuit must be created due to the vehicle brake circuit being CAN communication) 0017 1.00 EA __________________ __________________ PANORAMIC REAR VIEW MIRROR 0018 1.00 EA __________________ __________________ STUDENT DRIVER MAGNETIC SIGN 0019 1.00 EA __________________ __________________ FLQD-FEATHERLITE QUICK DISCONNECT. HAND CONTROLS SET (ROCK, RIGHT ANGLE, PULL) RIGHT 0020 1.00 EA __________________ __________________ FLPED-QD- FEATHERLITE LEFT FOOT ACCELERATOR QUICK DISCONNECT. 0021 1.00 EA __________________ __________________ FL QD CONNECTORS AND BRACKETS FOR QD SET-UP W/ EXTENSION 0022 1.00 EA __________________ __________________ BRAKE EXTENSION, Accessory needed for the brake pedal, 0023 1.00 EA __________________ __________________ V-GRIP SPINNER Orthotic device for the steering wheel 0024 1.00 EA __________________ __________________ SPIN MASTER BLACK Orthotic device for the steering wheel 0025 1.00 EA __________________ __________________ SPIN MASTER BASE Orthotic device for the steering wheel 0026 1.00 EA __________________ __________________ TRI-PIN SPINNER Orthotic device for the steering wheel 0027 1.00 EA __________________ __________________ SINGLE PIN SPINNER Orthotic device for the steering wheel 0028 1.00 EA __________________ __________________ AMPUTEE RING Orthotic device for the steering wheel 0029 1.00 EA __________________ __________________ PASSENGER SIDE TRAINING BRAKE 0030 1.00 EA __________________ __________________ VICki-2207S. VICki IS A DRIVER ASSISTANT DEVICE THAT ALLOWS THE DRIVER ACCESS TO OPERATE ALL AVAILABLE VEHICLE S COMFORT, SETTINGS, AND SAFETY FEATURES VIA A 7" TOUCHSCREEN, VOICE COMMAND, AND REMOTE ACTIVATION BUTTON WHILE DRIVING. 0031 1.00 EA __________________ __________________ HORN BUTTON ONLY Single hand control mounted horn switch 0032 1.00 EA __________________ __________________ FLQD-3PK- FEATHERLITE QUICK DISC. (RIGHT ANGLE, PULL, ROCK) LEFT 0033 1.00 EA __________________ __________________ CITY MODE BUTTON. Restricts the hand control acceleration when desired for training purpose. 0034 1.00 EA __________________ __________________ LABOR INSTALLATION OF ALL FEATHERLITE CONTROLS AND ACCESSORIES 0035 1.00 EA __________________ __________________ COLLEBUILT REDUCED EFFORT STEERING W/O ADJUSTABLE SETTINGS 0036 1.00 EA __________________ __________________ LABOR INSTALLATION FOR REDUCED EFFORT STEERING 0037 1.00 EA __________________ __________________ AUXILIARY VEHICLE POWER SUPPLY. INCUDES TWO AGM BATTERIES GRAND TOTAL __________________ The information identified above is intended to be descriptive, not restrictive, and to indicate the quality of the supplies/services that will be satisfactory. It is the responsibility of the interested source to demonstrate to the government that the interested parties can provide the supplies/services that fulfill the required specifications. Delivery shall be provided no later than 90 days after receipt of order (ARO) FOB Destination. Should the line items not be available within that time period, please specify an estimated delivery date. Place of Performance/Place of Delivery Address: Bruce W. Carter VA Medical Center Miami VA Healthcare System 1201 NW 16th Street Miami, FL Postal Code: 33125-1624 Country: UNITED STATES The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Products and Commercial Services FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services (Nov 2023) FAR 52.211-6, Brand Name or Equal (Aug 1999) Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services. If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions Commercial Products and Commercial Services (Nov 2023) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services (Nov 2023) Grey market items are Original Equipment Manufacturer (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e., replacement parts) for VA Medical Centers. No remanufactures or grey market items will be acceptable. The delivery of grey market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or grey market item(s) delivered to a VA medical facility upon discovery of such items. Reference VAAR 812.3 regarding Grey Market and Counterfeit Items. Offeror shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e., replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions. Offerors providing an or equal product(s) must adhere to the terms in FAR 52.211-6. 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 are specified in the solicitation. To be considered for award, offers of equal products, including equal products of the brand name manufacturer, must Meet the salient physical, functional, or performance characteristic specified in this solicitation; Clearly identify the item by- Brand name, if any and Make or model number, Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. 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. 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. Any award made as a result of this solicitation will be made on an All or Nothing Basis. State if quoted items are available and priced through offerors existing Government-wide Acquisition Contract (GWAC), GSA Multiple Award Schedule (MAS) contract, or VA- wide Acquisition Contract. If the acquisition is set-aside for SDVOSBs/VOSBs, their socioeconomic status must be VIP verified and visible in the VA Vendor Information Pages (VIP): https://www.vip.vetbiz.gov/ at the time of quote submission AND award, or will be considered non-responsive, and will NOT be considered for award. Offerors are warned against contacting any VA personnel other than the Contracting Officer and Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations. All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments, or the like, not specifically required by this solicitation, such will count against the Offeror s page limitations unless otherwise indicated in the specific volume instructions below. All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote. All quoters shall submit the following with the quote or the quote will be considered non-responsive, and will NOT be considered for award: The name, address, and telephone number of the vendor. Tax Identification Number (TIN) SAM UEI Number / DUNS Number / Cage Code Point of Contact for submission of orders if awarded a contract Authorized Distributor Letter certified by the OEM if the offeror is not the manufacturer Quoted price shall include delivery If applicable - VAAR 852.219-76 (Limitations on Subcontracting) must be completed and signed. (Clause inserted below: A.2 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022) ) All quotes shall be sent to the following email address: jose.delgado3@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. 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 capability or quality of the item offered to meet the Government requirement 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: Factor 1: Technical capability or quality of the item offered to meet the Government requirement: 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. Factor 2: Price: The Government will evaluate the price by adding the total of all line item prices. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement, as stated in Factor 1, shall not be selected regardless of price. Factor 3: Past Performance - The government may rely on internal documentation including PPIRS and contracting officer s knowledge of and previous experience with supply or service being acquired for determining Past Performance. If no record of past performance is found, the offeror shall not receive a favorable or unfavorable rating but shall receive a rating of neutral. (End of Provision) The award will be made to the response most advantageous to the Government. Responses should contain your best terms, conditions. ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR. The following provision is incorporated into 52.212-1 as an addendum to this solicitation: FAR 52.212-1 Instructions to Offerors Commercial Products and Commercial Services (Nov 2021) 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 a 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 if the acquisition Is set aside for small business and has a value above the simplified acquisition threshold; or Uses the HUBZone price evaluation preference regardless of dollar value, unless the quoter waives the price evaluation preference; or 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. 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. Quotes may be submitted on letterhead stationery, or as otherwise specified in the RFQ. As a minimum, quotes must show The solicitation number; The time specified in the solicitation for receipt of quotations; The name, address, and telephone number of the quoter; 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; Terms of any express warranty; Price and any discount terms; "Remit to" address, if different than mailing address; 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 quoter shall complete electronically); Acknowledgment Request for Quotation amendments; Past performance will not be considered in simplified acquisition procurements. Quote 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 and certifications, information requested in (1) to (9), and accept the terms and conditions of the solicitation may be excluded from consideration. Period for acceptance of Quotes. The quoter agrees to hold the prices in its quote 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. 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 testing. Multiple Quotes. Quoters are encouraged to submit multiple quotes presenting 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 quote submitted will be evaluated separately. Late submissions, revisions, and withdrawals of quotes. Quoters are responsible for submitting quotes 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 are due. Any quotation 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 (CO) determines that accepting the late quotation would not unduly delay the acquisition. If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotes by the exact time specified in the solicitation, and urgent Government requirements preclude a 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. 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. The Contracting Officer (CO) may issue a purchase order to other than the quoter with the lowest priced quotation. Multiple awards. The Government may 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 Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation. Availability of requirements documents cited in the solicitation. (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. Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST ( https://assist.dla.mil/online/start/). (ii) Quick Search ( http://quicksearch.dla.mil/). Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. Unique entity identifier (UEI). Applies to all quotes that exceed the micro-purchase threshold, and quotes at or below the micro-purchase threshold if the solicitation requires the contractor to be registered in the System for Award Management (SAM).) The quoter must enter, in the block with its name and address on the cover page of its quote, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the quoters name and address. The quoter also must enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the UEI. 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 UEI, it should contact the entity designated at www.sam.gov for UEI establishment directly to obtain one. The quoter should indicate that it is a quoter for a Government contract when contacting the entity designated at www.sam.gov for establishing the UEI. [Reserved] Requests for information. The CO will not notify unsuccessful quoters that responded to this Request for Quotation (RFQ). However, quoters may request information on purchase order(s) resulting from this solicitation with the CO. (End of Provision) 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 4:00 PM Eastern Standard Time (EST) on April 30, 2024, at jose.delgado3@va.gov and shall reference RFQ number in the subject of the email. 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 by 4:00 PM Eastern Standard Time (EST) on April 25, 2024. Point of Contact Contract Specialist Jose Delgado Jose.delgado3@va.gov A.2 VAAR 852.219-76 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: (i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIPlisted 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 fillin 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. [ ] 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. (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. Evide...