2. 36C25623Q1331.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* John Deere 320 P-Tier Backhoe Loader or its equivalent

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 77056-5643

SOLICITATION NUMBER* 36C25623Q1331

RESPONSE DATE/TIME/ZONE 07-10-2023 10:00 EASTERN TIME, NEW YORK,

USA

ARCHIVE 5 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSBC

PRODUCT SERVICE CODE* 3805

NAICS CODE* 333924

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

POINT OF CONTACT*

Contract Specialist Jeneice Matthews jeneice.matthews@va.gov

PLACE OF PERFORMANCE

ADDRESS Michael E. DeBakey VA Medical Center

2002 Holcombe Blvd.

Houston Texas

POSTAL CODE 77030

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov URL DESCRIPTION Department of Veterans Affairs AGENCY CONTACT’S EMAIL ADDRESS jeneice.matthews@va.gov

EMAIL DESCRIPTION 36C25623Q1331

mailto:jeneice.matthews@va.gov https://www.va.gov/

36C25623Q1331

DESCRIPTION

36C25623Q1331 – Brand Name or Equal: John Deere 320 P-tier Backhoe Loader or Equal for Michael E. DeBakey VA Medical Center (MEDVAMC) located in Houston, Texas.

This is a combined synopsis/solicitation (CSS) 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. The CSS number is 36C25623Q1331. It is issued as a Request for Quote (RFQ). This requirement will be evaluated in accordance with the lowest priced technically acceptable source selection methodology.

Please review the attached document(s) for more details on this requirement.

See attached document(s):

36C25623Q1331 – RFQ

36C25623Q1331 – Brand Name or Equal: John Deere 320 P-tier Backhoe Loader or Equal for Michael E. DeBakey VA Medical Center (MEDVAMC) located in Houston, Texas.

1. This is a combined synopsis/solicitation (CSS) for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

2. The CSS number is 36C25623Q1331. It is issued as a Request for Quote (RFQ). The government anticipates awarding one Firm-Fixed Price contract resulting from this solicitation.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04 (eff. 06/02/2023).

4. This solicitation is issued as Service-Disabled Veteran Owned Small Business Set- Aside.

5. The associated North American Industrial Classification System (NAICS) code for this procurement is 333924 Industrial Truck, Tractor, Trailer and Stacker Machinery Manufacturing with a small business size standard of 750 employees.

6. The FSC/PSC is 3805.

7. The Department of Veterans Affairs, Michael E. DeBakey VA Medical Center, 2002 Holcombe Boulevard, Houston, Texas 77030 is seeking to purchase 1 (one) John Deere 320 P-tier Backhoe Loader or Equal.

8. A complete description of the requirement and/or applicable government need(s) are as follows: See attached 36C25623Q1331

Contracting Office:

Department of Veteran Affairs Network Contracting Office (NCO)-16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston, TX 77056

Contracting Officer:

Jeneice Matthews POC: jeneice.matthews@va.gov

Quotes in response to this RFQ are due at 9:00 AM Central Time, July 10, 2023. Quotes shall be submitted in writing and sent via email to jeneice.matthews@va.gov . Telephone calls are not acceptable. Please insert “Solicitation No. 36C25623Q1331 Quote in the subject line of your email.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

1.00 EA

John Deere 320P-tier Backhoe or equal

GRAND

TOTAL

B.3 DELIVERY SCHEDULE

*** FOB Destination. All shipping charges must be included in price of items. ***

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Michael E. DeBakey VA Medical Center (MEDVAMC) ATTN: Warehouse, Building 100 2002 Holcombe Blvd.

Houston, TX 77030

USA

1.00

DELIVERY ***The Michael E. DeBakey VA Medical Center reserves the right to change the delivery schedule at any time. Written notice will be sent to vendor electronically no later than 3 days before a change in the delivery schedule is needed. ***

B.4 STATEMENT OF WORK

1. General Information: The MEDVAMC (Michael E. DeBakey VA Medical Center) located at 2002 Holcombe Boulevard, Houston, Texas 77030 is requesting the purchase of 1 (one) John Deere 320 P-tier Backhoe Loader or its equivalent for the MEDVAMC. See Equipment Schedule in Section 2. The contract shall be for a Firm-Fixed Price.

2. Equipment Schedule:

Item

Brief Description of Supply/ Service* Qty Unit

1 John Deere Backhoe 320 P-Tier Backhoe Loader 1 EA

3. Salient Characteristics: All items shall include, but not limited to as follows:

FT4 ENGINE: John Deere PowerTech™ EWL 4.5L turbocharged 4-cylinder engine Serpentine belt with automatic belt tensioner Vertical spin-on engine oil filter Primary and secondary spin-on fuel filter with water separator Dual safety element dry-type air cleaner with evacuator valve Vertical curved exhaust stack

COOLING SYSTEM: Engine radiator, Engine coolant -40 degrees F (-40C), Coolant recovery tank with low level indicator Cooling fan with fan guard Oil-to-water engine oil cooler Oil to air hydraulic oil cooler Oil to water transmission oil cooler Fold-out hinged cooling system High ambient temperature engine coolant.

POWERTRAIN: Powershift transmission with torque converter Auto-shift feature (on/off) Vertical spin-on transmission filter Single electric transmission control lever (forward/neutral/reverse) with integrated gear selection & horn Electronic transmission controller with on-board diagnostics Rigid mounted rear axle with 4-planet final drive Differential lock, foot switch activated, protection on/off Mechanical limited slip front wheel drive Hydrostatic power steering with emergency manual mode power-assisted hydraulic service brakes inboard, wet disc, self-adjusting and self-equalizing (conforms to ISO 3450) Power-assisted hydraulic service brakes inboard, wet disc, self-adjusting and self-equalizing (conforms to ISO 3450) Parking/emergency brake: independent of service brakes (conforms to ISO 3450) spring applied, hydraulically released, wet multidisc.

LOADER: Return-to-dig feature Bucket level indicator Hydraulic self-leveling (anti-spill) Single lever control with electric clutch cut-off switch and momentary MFWD control Less bucket with bucket pins Loader boom service lock High-visibility loader arms.

HYDRAULICS: 42 GPM (159 L/m) axial piston pump - closed center / PCLS hydraulics system Dedicated hydraulic reservoir 4 micron vertical spin-on filter "O" ring face seal connectors Circuit relief valve protection Economy mode Auto idle Lift mode provides up to 15% additional craning capacity

BACKHOE: 14 ft. 9 in. (4.50 m) digging depth (extendible dipperstick, retracted) Backhoe transport lock lever Swing locking pin stored in op. station ISO (Deere) 2 lever mechanical backhoe controls Reversible pad stabilizer feet with integrated lock Stabilizer two-direction anti-drift valves

Less bucket with bucket pins Backhoe boom includes mounting hole for optional boom protection plat

ELECTRICAL: 12 volt system 145 amp alternator (4) front drive/work, (4) rear work and (2) side docking halogen lights (32,500 candlepower each) (2) front and (2) rear turn signal/flashing

(2) rear stop and tail (2) rear reflectors Single battery with 175 minute reserve capacity and

950 CCA

Blade type multi-fused circuits By-pass start safety cover on starter Positive terminal battery cover

OPERATOR STATION: Modular-design ROPS/FOPS (level 2) canopy with molded roof (meets ISO 3471 and ISO 3449): isolation mounted Left and right side access Slip resistant steps and ergonomically located handholds (conforms to SAE J185) Seat, deluxe deep foam, vinyl cover, high back with adjustable: Suspension for weight/height Fore-aft Lumbar adjustments Flip-up arm rests 3 in. orange seat belt with retractor Tilt steering Engine coolant temperature gauge Fuel gauge Transmission oil temperature gauge Electric monitor system with audible and visual warning:

- Air cleaner restriction

- Low alternator voltage

- Engine coolant temperature

- Engine oil pressure & temperature

- Hydraulic filter restriction

- Low brake pressure

- Seat belt indicator

- Transmission oil temperature

- Fuel level

- Hour meter / tachometer / voltmeter Machine diagnostics Keyless start Sealed switch module Machine security Horn (1-FNR, 1-side console) Interior rearview mirror Rotary hand throttle.

OVERALL VEHICLE: (2) front and (2) rear built-in tie downs One piece unitized construction mainframe Extended grille frame Dent resistant rear fenders Vandal protection locking for:

Engine hood Monitor Tool box Fuel tank Hydraulic reservoir 34 gal. (128.7 L) fuel tank Reverse warning alarm 19.5L - 24 in. 12 PR (R4) tubeless rear and 12.5/80 - 18 in. 12 PR traction front sure grip lug tires Ground level fueling Remote grease bank for front axle Tilt hood with (2) service positions JDLink

Additional accessories: Forks, Pallet (2) 60 in. (1.52m) with 60 in. (1.52m Dealer supplied 96 CS 26M DL 24.7CI F/JRB E-series KIT sprinkler and tank 205/VRS/CS 25 Gla 12 V

4. Delivery: The Contractor shall deliver all items to the MEDVAMC (Michael E. DeBakey VA Medical Center) ATTN: Warehouse, 2002 Holcombe Blvd. Houston, Texas 77030. All items shall meet manufacturer specifications. The Contractor is responsible for any missing equipment, parts, and components not included to carry out the delivery. Delivery Schedule:

FOB-Destination 120 Days ARO.

4.1 Equipment shall be packaged to prevent damage or deterioration during shipment, handling, and storage.

4.2 The Contractor shall provide the delegated VA (Department of Veterans Affairs) POC (Point of Contact) with Alert/Notifications of any delays in delivery as well as any or all technical advisory/recalls prior to or simultaneously with filed alerts.

4.3 The Contractor shall be responsible for replacement of unsuitable or damaged equipment or items delivered in error.

4.4 The Contractor shall pay all shipping and handling fees for equipment.

5. Hours of Coverage: All work shall be conducted Monday through Friday at 8:00a.m. – 4:30p.m., excluding Federal holidays and unless other times are arranged in advance and approved in writing by the delegated VA POC. The government also observes Executive Orders, President’s Proclamation, and days designated by Federal Statute.

5.1 The government hereby provides notice, and the Contractor hereby acknowledges receipt that government personnel observe the listed days as holidays:

New Year’ Day January 01 Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth Day Third Monday in June Independence Day July 04 Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

5.2 If the holiday falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S. government agencies, and any other day specifically declared by the President of the United States.

5.3 In addition to the days designated as holidays, the government observes the following days:

5.3.1 Any other day designated by Federal Statute.

5.3.2 Any other day designated by Executive Order.

5.3.3 Any other day designated by the President’s Proclamation

5.4 It is understood and agreed between the government and the Contractor that observance of such days by the government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation. In the event the Contractor’s personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation shall be reimbursed either as a direct or indirect cost, other than Contractor normal compensation for the time worked.

6. The following laws, regulations, policies, and procedures, including all subsequent changes or updates apply:

FAR Federal Acquisition Regulation VAAR Veterans Administration Acquisition Regulation

Standards All applicable Federal, State, Local and Industry: Laws, Policies and Standards as applicable to the proper performance afore and hereafter described.

7. Glossary:

CO Contracting Officer CDR Contract Deficiency Report MEDVAMC Michael E. DeBakey VA Medical Center OEM Original Equipment Manufacturer OSHA Occupational Safety and Health Administration VA Department of Veteran Affairs The Joint Commission Business Day: A business day includes the entire 24-hour period ending at midnight, and a notice required by the regulation is effective even if given outside normal business hours.

8. Safety: Safety precautions shall include, but are not limited to the following requirements:

a) OSHA (Occupational Safety and Health Act)

b) Applicable State and Local Safety Operation Procedures

c) VA Safety Practices and Policies, VAMC standard operating procedures, and any other Federal, State, and Local regulations pertaining to the equipment listed for this contract.

d) JCAHO (The Joint Commission, formerly, Joint Commission Accreditation of Healthcare Organizations)

9. Parking: It is the responsibility of the Contractor personnel to park at the appropriate designated parking areas. The government does not validate or make reimbursement for parking violations of the contractor personnel under any circumstance.

10. Gray Market Prevention:

(a) No gray market or remanufactured items will be acceptable. Gray market items are OEM goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for a supply contract for the purchase of new medical equipment for the MEDVAMC. No remanufactures or gray market items will be acceptable.

(b) Vendor shall be the OEM (Original Equipment Manufacturer) or an approved authorized distributor for the proposed supply contract for the purchase of new medical equipment to include replacement parts (if applicable), such that the OEM’s warranty and service associated with the equipment and system is in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to 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 gray market item(s) delivered to a VA medical facility upon discover of such items.

11. The C&A (Certification and Accreditation) requirements do not apply, and a Security Accreditation Package is not required.

12. Privacy Information: The Contractor will not have access to VA desktop computers, nor will they have access to online resources belonging to the government while conducting services. The Contractor personnel shall secure (in a sealed envelope) and relinquish any documentation found anywhere on the VA grounds that contains sensitive VA patient and/or government information such as privacy information within 60 minutes of finding such documentation to the Privacy Officer, MEDVAMC. If the Privacy Officer is not available, please relinquish any documentation found to the VA Police Services in Building 100, first floor.

13. Confidentiality and Nondisclosure:

13.1 The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this purchase order are the exclusive property of the U.S. Government and shall be submitted to the Contracting Officer after the purchase order.

13.2 No information shall be released by the contractor. Any request for information relating to this purchase order presented to the contractor shall be submitted to the Contracting Officer for response.

13.3 Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the Contracting Officer.

14. Invoicing/ Billing Requirements:

14.1 The Contractor shall submit requests for payment electronically to the VA’s Tungsten Network (https://www.fsc.va.gov/einvoice.asp ).

14.2 Payment for services provided under the terms of this contract will be made upon delivery, inspection, and acceptance of all line items.

14.3 Invoices shall be properly prepared in accordance with FAR (Federal Acquisition Regulation) 52.212-4.

14.4 Invoices will be returned when documentation is missing, inaccurate or incomplete. Invoices shall include, at a minimum, the following information:

a) Company Name, Address, and telephone number

b) Invoice Date and Number

c) PO (Purchase Order) number and Task Order Number (if applicable);

d) Description, quantity, unit of measure, unit price and extended price of the items delivered.

e) Name and Title of Contact to notify in event of defective invoice.

14.5 The Contractor shall contact the VA POC and Contracting Officer if they do not receive payment within 45 calendar days of submission of a proper invoice. The VA POC will be responsible to cross reference all shipping/packing slips against invoices submitted for payment for accuracy. The Contracting Officer will contact the Contractor for resolution of any discrepancies.

15. Changes to the SOW (Statement of Work): Any changes to the SOW shall be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be kept in the contract file along with all other documentation of the work. Any such change shall be reflected in a written modification to this contract signed by the Contractor and the Contracting Officer. Price/cost incurred by the Contractor through the actions of parties other than the Contracting Officer shall be borne by the Contractor.

END OF SOW

https://www.fsc.va.gov/einvoice.asp

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:

1. ADDENDUM 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 following provisions are 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)

INSTRUCTION TO OFFERORS:

This acquisition is being procured 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 Products and Commercial Services,” as supplemented with additional information. This solicitation is a Service Disabled Veteran Owned Small Business Set Aside, and it includes all contract line item number(s) being requested in this solicitation. The government intends to solicit this requirement and award a subsequent contract without discussions or negotiations. Offerors are encouraged to provide their best offer initially because the opportunity to enter into discussions or to provide a better offer at a later time will not be possible. The government will award a contract on the basis of Lowest Priced Technically Acceptable (LPTA).

SUBMISSION OF QUOTE INSTRUCTIONS:

Quotation shall be received no later than 9:00a.m. Central Standard Time on July 10, 2023. Quote shall be submitted electronically through email addressed to Jeneice Matthews, Contracting Officer at jeneice.matthews@va.gov .

The Contractor shall be registered in www.sam.gov to receive government contracts to be considered for award.

Offeror shall complete and submit the following:

a. The Contractor shall complete Contract Administration and provide the name, title, address, email address and telephone number of the company/division point of contact regarding business decisions made with respect to the quote and who can contractually obligate the company. The quoter shall identify those individuals authorized to negotiate with the government.

b. The Contractor shall submit a price for all Contract Line-Item Number (CLIN) of the solicitation.

c. Provide all CLIN items listed in this solicitation that are annotated in B.2 Price/Cost Schedule. See FAR Clause 52.212-2 Addendum for basis for award. The Government is seeking discounts.

http://acquisition.gov/comp/far/index.html http://www.sam.gov/

d. 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.

The Contractor’s past performance history will be evaluated by the government for the purpose of a responsibility determination.

All quotes shall remain valid for 120 calendar days.

Quoter(s) may, at the discretion of the government, be asked to provide information for clarification purposes regarding their quote. Requests for clarification of information does not constitute discussions. The CO will not notify unsuccessful quoters that responded to this Request for Quotation (RFQ).

The quoter(s) shall be held responsible for the validity of all information supplied in his/her quote, including information provided by potential subcontractors. Should subsequent investigation disclose that the fact and conditions were not as stated, the quote may be rejected and received no further consideration.

An offer shall be considered complete if it includes the technical capability, as specified in the Statement of Work, price quote and required documentation in accordance with instructions provided herein.

The following solicitation provisions apply to this acquisition:

• FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

• FAR 52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

• FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

• FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING (AUG 2020)

• FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

• FAR 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

• FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (MAR 2023)

• FAR 52.214-21 DESCRIPTIVE LITERATURE (APR 2002)

• FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

• FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION (JUN 2020)

2. ADDENDUM FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

(a) This solicitation is issued under Simplified Acquisition Procedures in accordance with FAR subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items. This solicitation is to establish a Firm-Fixed Price contract. The Government will award a contract resulting from this solicitation on the basis of lowest price, technically acceptable (LPTA) to the responsive and responsible quoter whose quote, conforms to the solicitation. All quoters must have a current registration in the System for Award Management to be considered for award.

Since this solicitation is LPTA the government will begin by reviewing the lowest priced quote first and if the government determines that this quote is technically acceptable, no other quotes will be reviewed. This quote will have been deemed technically acceptable with the lowest price, so for this reason the award will be made based on FAR guidance.

If no offer is technically acceptable the government will make a determination to re-solicit. Technical tradeoff will not be made, and no additional credit will be given for exceeding the minimum requirements. In the event an offeror’s quote is determined to be technically unacceptable for any of these factors, the entire quote will be considered technically unacceptable and the quote will be ineligible for award.

Please read each section below carefully for the submittals and information required as part of the evaluation. Failure to provide the requested information below shall result in the Contractor’s quote technically unacceptable. In addition, the government intends to award without discussions. The government reserves the right to request clarifications.

Past Performance: The government will review past performance for responsibility determination purposes only. The government will review government systems such as Contractor Performance assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Past Performance Information Retrieval System (PPIRS) and other government systems. Offerors with no relevant past performance history will not be evaluated favorably or unfavorably.

The following are the decision factors:

1. Technical

2. Price

The Contractor shall be registered in SAM.gov https://sam.gov to receive government contracts to be considered for award.

The Contractor shall be certified in https://veterans.certify.sba.gov as a Service Disabled Veteran Owned Small Business (SDVOSB), in order to receive credit as a SDVOSB and must be verifiable in SBA VetCert (Veteran Small Business Certification) at the time of submission of offers and at time of award.

https://sam.gov/ https://veterans.certify.sba.gov/

The Government will determine the merits of each offer on the basis of (1) its acceptability, and (2) its price reasonableness.

1. Technical –

A. Acceptability: If providing an ‘equal’ product, comply with FAR 52.211-6, Brand Name or Equal. ‘Equal’ product must meet all salient characteristics to be considered technically acceptable. An offer is acceptable when quote clearly evidences the Offeror’s compliance, without exception, to meet the minimum requirements set forth herein the Statement of Work and in this solicitation. Product literature must be provided along with quote.

Offeror(s) must include place of manufacture with their technical quote (include US city, state and ZIP+4; or foreign country) Failure to provide this information may render your quote ineligible for award.

2. Price – All line items listed in B.2 Price/Cost schedule must include a price. The total evaluated price will consist of the offeror’s total proposed price in Section B.2 Price/Cost Schedule. The government may determine that an offer is unacceptable if the prices are significantly unbalanced.

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:"

3. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services (DEC 2022)

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:

• ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

• FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

https://www.sam.gov/portal http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

DEC 2022

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

MAR 2023

• VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

• VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

• VAAR 852.219-73 VA NOTICE TO TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)(DEVIATION)

• VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

• VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

• VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

• VAAR 852.246-71 REJECTED GOODS (OCT 2018)

All quoters shall submit the following:

a) 36C25623Q1331 B.2 Price/Cost Schedule B.3 Delivery Schedule

b) Offeror(s) acknowledgement of Solicitation Amendments.

c) Signed VAAR Clause 852.219-76 VA Notice of Limitations on Subcontracting-

Certificate of Compliance for Supplies and Products

All quotes shall be sent electronically to:

Network Contracting Office 16 Jeneice Matthews, Contract Specialist Email: jeneice.matthews@va.gov Telephone calls are not acceptable.

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:

[Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in -check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer. [Offeror fill-in - check each box below.]

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA.

[ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns.

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)

(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer.

Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror's bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification: I hereby certify that if awarded the contract, (CONTRACTOR)

________________________________ will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of (CONTRACTOR)

Printed Name of Signee: _________________________________________________

Printed Title of Signee: __________________________________________________

Signature: ____________________________________________________________

Date: _______________________

Company Name and Address: ____________________________________________