36C10G22Q0100 0001.docx

Amendment to a Previous Combined Solicitation

Amendment to a Previous Combined Solicitation

GENERAL INFORMATION

SET-ASIDE

OPAL | Strategic Acquisition Center

10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697

POINT OF CONTACT*

Contract Specialist David Daniel David.Daniel1@va.gov

TBD

PLACE OF PERFORMANCE

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF

SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the soli citation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV.

11/2016) is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITE M 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 4

3.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION

OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND

TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headi ngs, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO

AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 6/21/2022 36C10G U.S.

Department of Veterans Affairs OPAL | Strategic Acquisition Center 10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697 36C10G U.S. Department of Veterans Affairs OPAL | Strategic Acquisition Center 10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697 To all Offerors/Bidders

36C10G22Q0100 06-21-2022

X X

See CONTINUATION Page X The purpose of this solicitation amendment is to provide the Government’s responses to questions received from industry as a result of solicitation # 36C10G22Q0100 for NX EQ Manual Refractors. All other terms and conditions remain the same.

Please see Government responses on the Continuation Page.

David Barber Contracting Officer

VA-OPAL-SAC-2022-166958

QUESTIONS & ANSWERS RFQ 36C10G22Q0100 NX EQ MANUAL REFRACTORS

Question 1. Just curious when the VA decided not to utilize the VOBs and SDVOSB's for these contract opportunities? ABMS has been an authorized distributor for Reichert and many other ophthalmic manufacturers for years, in fact, we currently hold a SAC (NXEQ) contract for Reichert Equipment. I will appreciate an answer to this. You have eliminated these socio economic groups from competition by allowing manufacturers to compete. I might add they do not install, train, or perform any warranty work on their equipment. ABMS and others do all of that for the VA. You may get the equipment a few dollars cheaper, but the problems created will be much more expensive.

Answer:

NAICS Code 339112 does not have a class Non-Manufacturer Waiver found on NMR Class Waiver Database October 1, 2020 (sba.gov). FAR 19.505(c)(4)(B) is clear that a Contracting Officer “may” request an Individual Waiver but is not required. The VAAR describes the process for obtaining an Individual Waiver, but remains silent on requirement to do so. Additionally, the Government Accountability Office opined in Manus Medical, B-412331 (January 21, 2016), the VA is not obligated to seek a Non-Manufacturer Waiver and the determination to seek the waiver is discretionary. As such, the Contracting Officer has made the determination not to request an Individual Non-Manufacturer Rule Waiver for this requirement.

Based on the research conducted there is not anticipation of competition among small business or other socio-economic concerns that manufacture the Phoropters that meet or exceed the Manual Refractors requirement.

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Amendment to a Previous Combined Solicitation