6515 DURABLE MEDICAL EQUIPMENT GUAM AND AMERICAN SAMOA
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 solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2021-06. This solicitation is set-aside for Small Business This solicitation is for five one-year ordering periods. The associated North American Industrial Classification System (NAICS) code for this procurement is 621610 with a small business size standard of $16.5 M. The FSC/PSC is 6515. The VA Pacific Islands Health Care System (VAPIHCS) Prosthetic Service has an ongoing requirement for the pickup, delivery, storage, and routine service/refurbishment of Durable Medical Equipment (DME) to veteran patients. The Offeror shall price each CLIN on the attached Line Item Price List inclusive of all transportation, fuel cost, labor, storage, training instruction, supervision and any other required element to carry out the statement of work. The Offeror shall ensure that its price is inclusive of mileage/fuel within 50 miles as defined in paragraph 4.3 of the Performance Work Statement. There are no ranges, sections, separations, etc. of locations as it relates to mileage/fuel/tolls charges and/or pricing. The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: FAR 52.212-1, “Instructions to Offerors–Commercial Items” FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” [OCT 2018] FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” [JUL 2021] FAR 52.216-22 “Indefinite Quantity” [OCT 1995] FAR 52.217-8, “Option to Extend Services” [NOV 1999] FAR 52.237-3 Continuity Of Services” [JAN 1991] VAAR 852.204-70 “Personal Identity Verification of Contractor Personnel” [MAY 2020] VAAR 852.212-70 “Provisions and Clauses Applicable To VA Acquisition Of Commercial Items” [APR 2020] VAAR 852.237-75 Key Personnel [OCT 2019] VAAR 852.242-71 Administrative Contracting Officer [OCT 2020] VAAR 852.252-70 Solicitation Provisions or Clauses Incorporated by Reference [JAN 2008] The following subparagraphs of FAR 52.212-5 are applicable: a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91). (3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note). [X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note). [X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). [X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)). [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246). [X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). [X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). [X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). [X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627). [X] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). [X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [X] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020). [X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332). (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). [X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020). [X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition teshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91). (iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232). (v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable teshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246). (viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020). (xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. The following subparagraphs of VAAR 852.212-70 are applicable: PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) (a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference. _X__ 852.203-70, Commercial Advertising. _X__ 852.209-70, Organizational Conflicts of Interest. __X_ 852.232-72, Electronic Submission of Payment Requests. __X_ 852.233-70, Protest Content/Alternative Dispute Resolution. _X__ 852.233-71, Alternate Protest Procedure. __X_ 852.270-1, Representatives of Contracting Officers.. (End of clause) ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation: FAR 52.212-1 INSTRUCTIONS TO QUOTERS—COMMERCIAL ITEMS North American Industry Classification System (NAICS) code and small business size standard are stated in the combined synopsis/solicitation. Submission of quotations. Provide your quote to victoria.torres@va.gov by the due date and time expressed in this RFQ. The subject line of the email should be in the following format “QUOTE: VA Pacific Islands Health Care System DME RFQ 36C26121Q0899” As a minimum, quotations must show- The solicitation number; The time specified in the solicitation for receipt of quotations; The name, address, and telephone number of the quoter; Factor 1- Technical Expertise: Technical Expertise: Offeror must submit the following to be considered for award of this contract: The Offeror shall submit a program management plan demonstrating how it proposes to accomplish the Performance Work Statement service requirements tough the seamless integration of its diverse organizational elements, personnel, and subcontractors to ensure quality and continuity of operations toughout the contract life cycle. The program management plan, at a minimum and where applicable, shall address the following: • An overview of the qualifications (i.e. years of experience, value-added qualifications, etc.) of key personnel, as well as their assignment to PWS functions. • An organizational chart(s) that shows: - the management reporting structure among the key personnel and their assignment to PWS functions; - the corporate structure and the relationship between the organizational components and their respective responsibilities relating to the performance of the DME contract and assignment to PWS functions, if applicable; - the organizational alignment with its teaming partners and/or subcontractors and their respective responsibilities relating to the performance of the DME contract and assignment to PWS functions, if applicable; • A description of its quality control plan for ensuring (at a minimum): its adherence to the deliverables schedule; the security of protected health information; the accuracy and quality of written products; and ISO or similar certification. Factor 2 – Experience This factor will be used to assess the Offeror’s experience providing services similar to those described in the VA Pacific Island Health Care System DME Performance Work Statement. Offerors shall provide a narrative describing their specific experience providing services at quantities similar to the projected scope of this contract. For each reference the Offeror submits as evidence of its experience providing services, the Offeror’s narrative must clearly state the following information: a. the legal name of entity with whom the Offeror held the contract; b. the contract number; c. a description providing details of the specific tasks the Offeror performed under that contract, including the volume of equipment provided on an annual or monthly basis; d. the dates during which the Offeror performed the contract; e. whether the Offeror was the prime contractor or a subcontractor for that contract; f. the name, phone number, and email address of a person at the entity with whom the Offeror held the contract who can verify the information the Offeror provides in the narrative description for this factor. The information requested above is required for the Government to evaluate quotes for the Experience evaluation factor. General statements claiming experience that do not include specific references to prior contract work, or that do not include the information required above, are not acceptable. Factor 3 – Price The quoter shall fill out the attachment with filename “VA Pacific Island Health Care System DME Line Item Price List.” (Attachment 2) as part of their Price quote. The Offeror shall price each CLIN on the attached Line Item Price List inclusive of all transportation, fuel cost, labor, storage, training instruction, supervision and any other required element to carry out the statement of work. The Offeror shall ensure that its price is inclusive of mileage/fuel within 50 miles as defined in paragraph 4.3 of the Performance Work Statement. There are no ranges, sections, separations, etc. of locations as it relates to mileage/fuel/tolls charges and/or pricing. Miscellaneous (Submit in PDF or Word Format) Acknowledgement of Amendments 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. 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 FAR 52.212-3 (see FAR 52.212-3( b ) for those representations and certifications that the quoter shall complete electronically); Acknowledgment of Solicitation Amendments; 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 If the quotation 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. Quotations that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration. Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. Late submissions Quoters are responsible for submitting quotations 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 quotations are due. Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the Contracting Officer 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 quotations 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 quotations 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 Contract. Quotations should contain the quoter’s best technical and price terms. The Contracting Officer may reject any or all quotations. The Contracting Officer may award a contract to other than the quoter with the lowest priced quotation. After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing a contract award. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15. Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding the Micro-Purchase Teshold (MPT), and quotations of MPT or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the quoter’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and Bradstreet office. [Reserved]. Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on purchase order(s) resulting from this solicitation from the contracting officer. Addendum to 52.212-2 EVALUATION—SIMPLIFIED ACQUISITION PROCEDURES Basis for Award. The Government will issue a contract 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 offers: Technical Acceptability Criteria Factor 1 – Technical Expertise Factor 2 - Experience Factor 3 – Price Explanation of Evaluation Approach: The first step of the evaluation involves determining whether a quote is acceptable/unacceptable based on the requirements of the solicitation. Requirements that will be used to determine this include but are not limited to Status as Small Business, Acknowledgement of Amendments, Submission of an Accurate and Complete “VA Pacific Island Health Care System DME Line Item Price List”, Submission of Technical Expertise that meet solicitation requirement, and ability to meet all submissions requirements as indicated in this solicitation. Only quotes determined to be acceptable will move on to the comparative evaluation process identified below. 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 Expertise: Offeror’s will be evaluated for their understanding of the Performance Work Statement, program management plan, key personnel, organizational chart, corporate structure, organizational alignment, and quality control plan. Factor 2 – Experience: The VA will evaluate an Offeror’s Experience by assessing the Offeror’s narrative response detailing their experience submitted in accordance with the solicitation’s Instructions to Offerors. Factor 3 – Price: The Contracting Officer will check all price quotes to ensure that the was properly completed in accordance with RFQ instructions (see Addendum to FAR 52.212-1). VA Pacific Island Health Care System DME Line Item Price List is used for evaluation purposes to determine the estimated total price based on the estimated quantities detailed in the VA Pacific Island Health Care System DME Performance Work Statement. The Government will use half of the quoted price for Ordering Period 5 to determine the total evaluated price inclusive of FAR 52.217-8 “Option to Extend Services”. The Government will use the unit prices that the awardee submitted in the VA Pacific Island Health Care System DME Line Item Price List for the unit prices of the IDIQ contract award. Technical Expertise and Experience, when combined, are Approximately equal to cost or price. The award will be made to the response most advantageous to the Government. Responses should contain your best terms, conditions. End of Provision Submission of your response shall be received not later than 10 September 2021 at 4:00 pm at victoria.torres@va.gov. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. Point of Contact Victoria M. Torres, Contracting Specialist, victoria.torres@va.gov . See attached document: VA Pacific Island Health Care System DME Performance Work Statement. See attached document: VA Pacific Island Health Care System DME Line Item Price List.
36C26121Q0899 Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 21
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