This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation for quote to be requested with no other form of written solicitation to be issued.
This solicitation RFQ- 36C25026Q0769 is issued as a request for quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026 01, effective 03/13/2026.
The North American Industry Classification System (NAICS) number is 339112.
NOTE: This solicitation is for Mitral Valve Retractor systems specifically designed to support advanced reconstructive mitral valve repair procedures. Retractors intended solely for routine mitral valve replacement or basic atrial exposure do not meet the clinical requirements and will not be considered.
Vendor to supply necessary materials and/or parts for the requirements listed below. Materials and parts will be delivered to: Richard L. Roudebush VA Medical Center, 1481 W. 10th St., Indianapolis, IN 46202, FOB destination.
Requirements:
Description
Qty.
FIXED ARM W/ RACK DOWN + MOBILE ARM + KEY/HANDLE
2
TRANSVERSE BAR
2
MEDIAL RAIL SYSTEM WITH SCREW
2
NEW NON-DETACHABLE BRACKET RETRACTOR WIRE BLADE AND ROD, 5MM
6
PAIR OF BLADES - 50X40MM FOR RACK DOWN
2
PAIR OF BLADES - 70X40MM FOR RACK DOWN
2
PAIR OF DUBOST BLADES - 97X40MM FOR RACK DOWN
2
LONG AND THIN HOOK FOR MITRAL VALVE, L:270MM W:20MM D:34MM FOR RETRACTOR
4
MEDIUM HOOK FOR MITRAL VALVE, L:250MM W:26MM D:34MM FOR RETRACTOR
2
LARGE HOOK FOR MITRAL VALVE, L:250MM W:35MM D:34MM FOR RETRACTOR
2
TRICUSPIDE HOOK, L:265MM W:35MM D:16MM FOR RETRACTOR
2
Minimum Requirements
Lateral Atrial Displacement Mechanism
The device shall provide controlled lateral displacement of the left atrium up to 30 mm, allowing enhanced mitral valve exposure without additional sternal spreading.
Multi Positional, Adjustable Retraction System
The retractor must include:
A fixed arm with rack and a mobile arm with key hole style adjustment
Capability for rack-up and rack-down configurations for varying exposure needs
Interchangeable Sternal Blades (Three Size Categories Required)
Blade sets must include at least the following equivalent dimensions:
Small blades: approx. 50 mm × 30 40 mm
Medium blades: approx. 70 mm × 40 mm
Large sternotomy blades: approx. 97 mm × 30 50 mm
Advanced Atrial Hooks for Mitral Repair
Must include multiple hook options enabling leaflet and commissural visualization, including:
Long, thin hooks (approx. 220 270 mm length)
Medium hooks (approx. 200 250 mm length)
Medial Rail System with Locking Mechanism
The retractor must incorporate a locking medial rail capable of maintaining sustained lateral displacement during reconstructive procedures (e.g., annuloplasty, chordal repair).
Antero Lateral Atrium Retraction Capability via Transverse Rail
System must include a transverse rail with anti rotation secured click in functionality that supports antero lateral atrial hook positioning.
Minimal Additional Sternal Spreading Requirement
Device shall permit optimized mitral visualization with reduced sternal spreading, supporting reconstructive mitral repair via small or modern sternotomy approaches.
Compatibility Across Conventional and Modern Sternotomy Approaches
The device must support:
Conventional sternotomy
Modern sternotomy (7 8 cm incision)
Ergonomic Design and Reusable Surgical-Grade Construction
The system must:
Be fully autoclavable
Include ergonomic handles
Use robust surgical-grade materials capable of reuse
Must Facilitate Advanced Reconstructive Mitral Techniques
System must support complex repair procedures including:
Multi segment leaflet repair
Chordal replacement
Annuloplasty
Non resectional repair techniques
The PO number must appear on all invoices, packing slips, shipping labels, and/or correspondences to the contracting officer.
Contact: Rachel MacRae, Contracting Specialist, via email at rachel.macrae@va.gov. No telephone inquiries will be accepted. Only written inquiries received directly for the offeror are acceptable. All quotes must be received by 8/3/2026 by 12:00pm EST to Rachel MacRae (rachel.macrae@va.gov).
Offerors must comply with all instructions contained in provision 52.212-1, Instructions to Offerors-Commercial Products (SEP 2023) (DEVIATION OCT 2025), applying to this acquisition. 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.
Contractor shall provide an authorized distribution letter. The Contractor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor, or authorized Contractor reseller for the proposed equipment/system such that the OEM warranty and service are provided and maintained by the OEM. All warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. The Contractor shall provide new items ONLY; no remanufactured/used or "gray market" items (852.212-71 Gray Market and Counterfeit Items (FEB 2023)). All items must be covered by the manufacturer's warranty.
The following additional FAR provisions apply:
52.212-2 Evaluation - Commercial Products (NOV 2021) (DEVIATION OCT 2025)
The Government will award a contract/purchase order resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation and is determined to be the most advantageous to the government; technical, price, estimated delivery time, warranty, and past performance may be considered.
(End of clause)
52.212-4 Inspection/Acceptance (NOV 2023) (DEVIATION OCT 2025)
The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.
(End of clause)
52.222 90 Addressing DEI Discrimination by Federal Contractors (APR 2026)
(a)Â Definitions. As used in this clause
Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b)Â In connection with the performance of work under this contract, the Contractor agrees as follows:
(1)Â The Contractor will not engage in any racially discriminatory DEI activities;
(2)Â The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3)Â In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4)Â The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5)Â The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6)Â The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c)Â The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(End of clause)
52.240-91 Security Prohibitions and Exclusions (DEVIATION NOV 2025)
(a) Definitions. As used in this clause
American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Covered article, as defined in 41 U.S.C. 4713(k), means:
(1)Â Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2)Â Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3)Â The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4)Â Hardware, systems, devices, software, or services that include embedded or incidental information technology.
 Covered foreign country means The People s Republic of China.
Covered telecommunications equipment or services means
(1)Â Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2)Â For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3)Â Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4)Â Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
 Critical technology means
(1)Â Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2)Â Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled
(i)Â Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii)Â For reasons relating to regional stability or surreptitious listening;
(3)Â Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4)Â Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5)Â Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6)Â Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
 FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act covered foreign entity.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):
(1)Â The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2)Â The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3)Â The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
 Information technology, as defined in 40 U.S.C. 11101(6)
(1)Â Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use
(i)Â Of that equipment; or
(ii)Â Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2)Â Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3)Â Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
 Intelligence community, as defined by 50 U.S.C. 3003(4), means the following
(1)Â The Office of the Director of National Intelligence;
(2)Â The Central Intelligence Agency;
(3)Â The National Security Agency;
(4)Â The Defense Intelligence Agency;
(5)Â The National Geospatial-Intelligence Agency;
(6)Â The National Reconnaissance Office;
(7)Â Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8)Â The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9)Â The Bureau of Intelligence and Research of the Department of State;
(10)Â The Office of Intelligence and Analysis of the Department of the Treasury;
(11)Â The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12)Â Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
 Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Kaspersky Lab-covered article means any hardware, software, or service that
(1)Â Is developed or provided by a Kaspersky Lab-covered entity;
(2)Â Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or
(3)Â Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.
 Kaspersky Lab-covered entity means
(1)Â Kaspersky Lab;
(2)Â Any successor entity to Kaspersky Lab, including any change in name, e.g., Kaspersky ;
(3)Â Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4)Â Any entity of which Kaspersky Lab has a majority ownership.
 National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency
(1)Â The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2)Â Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
 Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).
Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).
(b)Â Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:
(1)Â A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));
(2)Â A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));
(3)Â Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing
(i)Â A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii)Â Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c)Â Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act covered foreign entities.
(1)Â Prohibition. The Contractor is prohibited from
(i)Â Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);
(ii)Â On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31); and
(iii)Â On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).
(2)Â Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.
(3)Â Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.
(d)Â Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.
(1)Â Certain telecommunications and video surveillance equipment, systems, or services.
(i)Â Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).
(ii)Â This prohibition applies to using covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. This does not prohibit the contractor from using
(A)Â A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements; or
(B)Â Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2)Â Office of Foreign Assets Control Restrictions.
(i)Â Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.
(ii)Â Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas.
(A) For lists of entities and individuals subject to economic sanctions, see OFAC s List of Specially Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists.
(B) For more information about these restrictions, as well as updates, see OFAC s regulations at 31 CFR chapter V and at https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information.
(C) To conduct electronic screens of potential parties to regulated transactions, see the consolidated screening list at https://www.trade.gov/consolidated-screening-list, which consolidates multiple export screening lists of the Departments of Commerce, State, and the Treasury.
(3)Â Sudan prohibition. The Contractor is prohibited from conducting any restricted business operations in Sudan in accordance with Accountability and Divestment Act of 2007 (Pub. L. 110-174).
(4)Â Iran prohibitions.
(i)Â Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, the contractor shall not engage in certain activities or transactions relating to Iran (section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C. 1701 note).
(ii)Â Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, contractor shall not export certain sensitive technology to Iran, as determined by the President, and has an active exclusion in SAM (22 U.S.C. 8515).
(iii)Â The prohibition in paragraphs (d)(4)(i) and (d)(4)(ii) do not apply if the acquisition is subject to trade agreements and the offeror certifies that all the offered products are designated country end products or designated country construction material (see part 25).
(iv)Â Unless an exception applies or the Government grants a waiver, contractors are prohibited from knowingly engaging in any significant transaction (i.e., over $15,000) with Iran s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked according to the International Emergency Economic Powers Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C. 1701 note)).
(e)Â Governmentwide exclusion and removal orders.
(1)Â Unless the Government has issued an applicable waiver, contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order as follows:
(i)Â For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.
(ii)Â For all other solicitations and contracts, DHS FASCSA orders apply.
(2) The Contractor shall search for the phrase FASCSA order in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders.
(3)Â The Government may identify in the solicitation other FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resulting contract.
(4)Â A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)).
(f)Â Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any prohibited products or services. The inquiry will look at any information in the entity s possession but does not need to include an internal or third-party audit.
(g)Â Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that this clause prohibits.
(h)Â General report.
(1)Â If the Contractor identifies or is notified by any source, (including a subcontractor at any tier), that any product or service provided or used (or to be provided or used) during contract performance does not comply with any prohibition in this clause, then the Contractor shall report the following information, or as much information is known, in writing to the contracting office as identified in paragraph (h)(2) within 72 hours:
(i)Â Contract number and order number, if applicable;
(ii)Â The specific prohibition the product or service is not complying with;
(iii)Â A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(iv)Â The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));
(v)Â Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;
(vi)Â An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the contractor would like the Government to consider a waiver, and asks for such a waiver);
(vii)Â Whether alternative products or services are available that would comply with the prohibition;
(viii)Â If the product or service is related to item maintenance, include the following information on the item being maintained:
(A)Â Brand;
(B)Â Model number, OEM number, manufacturer part number, or wholesaler number; and
(C)Â Item description, as applicable.
(ix)Â Any readily available information about mitigation actions implemented or recommended.
(2)Â If a report must be submitted to a contracting office, the Contractor shall submit the report as follows:
(i) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.
(ii)Â For all other contracting offices, the Contractor shall report to the Contracting Officer.
(iii)Â For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.
(3)Â If the report provided does not contain any of the information required by paragraph (h)(1) of this clause, and the contractor later discovers new information that is required by paragraph (h)(1) of this clause, then the contractor shall submit a subsequent report within 72 hours of discovering the new information.
(4)Â The contractor shall also report the information in paragraph (h)(1) if the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification.
(i)Â New FASCSA orders report.
(1)Â During contract performance, the Contractor shall review SAM at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (e) of this clause.
(2)Â If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance. The inquiry will look at any information in the entity s possession but does not need to include an internal or third-party audit.
(3)Â The Contractor shall submit a report to the contracting office identified in paragraph (h)(2) of this clause if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s). For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order. The Contractor shall report the following information within 72 hours for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order:
(i)Â Contract number and order number, if applicable;
(ii)Â Name of the covered article or source subject to a FASCSA order;
(iii)Â The specific FASCSA order the product or service does not comply with;
(iv)Â The elements of (h)(1)(iii) through (ix) of this clause.
(j)Â Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (j) but excluding subparagraphs (d)(1) and (i)(1), in all subcontracts and other contractual instruments, including subcontracts for acquiring commercial products or commercial services.
(End of clause)
52.252-5 Authorized Deviations in Provisions (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any VA Acquisition Regulation (VAAR) (48 CFR Chapter 8) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
From the VAAR the following apply:
852.232-72 Electronic submission of payment requests (NOV 2018)
All invoices must be submitted to Tungsten for payment processing. The PO number must appear on all invoices, packing slips, shipping labels, and/or correspondences to the contracting officer.
(End of clause)
852.246-71 Rejected Goods (OCT 2018)
Inspection of all parts will be held. If goods are rejected, they will be held for 15 days, if not replaced, the rejected merchandise will be returned to the contractor at their risk and expense. Payment of invoice will be delayed.
(End of clause)
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with 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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaulpart-52#FAR_52_252_1
https://www.va.gov/oal/library/vaar/index.asp
52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)
52.203-18 Prohibition on Contracting with Entities that Require Certain
Internal Confidentiality Agreements or Statements-Representation. (JAN 2017)
52.203 19 Prohibition on Requiring Certain Internal Confidentiality Agreements
or Statements. (JAN 2017)
52.204 7 System for Award Management Registration (NOV 2024)
(DEVIATION NOV 2025)
52.204-13 System for Award Management-Maintenance (OCT 2018)
(DEVIATION NOV 2025)
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
(DEVIATION NOV 2025)
52.222-19 Child Labor-Cooperation with Authorities and Remedies. (MAR 2026)
(DEVIATION NOV 2025)
52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020)
(DEVIATION NOV 2025)
52.222-50 Combating Trafficking in Persons. (NOV 2021)
(DEVIATION NOV 2025)
52.223-23 Sustainable Products. (MAY 2024) (DEVIATION NOV 2025)
52.225-1 Buy American-Supplies (OCT 2022)
(DEVIATION NOV 2025)
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. (MAY 2024)
52.232-33 Payment by Electronic Funds Transfer-System for Award Management. (OCT 2018)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)
52.233 3 Protest After Award (OCT 2004)
(DEVIATION NOV 2025)
52.233 4 Applicable Law for Breach of Contract Claim. (OCT 2004)
(DEVIATION NOV 2025)
52.240-91 Security Prohibitions and Exclusions. (DEVIATION NOV 2025)
52.244 6 Subcontracts for Commercial Products (JAN 2025)
(DEVIATION OCT 2025)
803.570-2 Commercial Advertising (MAY 2018)
852.232 72 Electronic Submission of Payment Requests (NOV 2018)
852.246-71 Rejected Goods (OCT 2018)
