36C10G23R0015 Questions and Reponses.docx

Amendment 0001 Scooters for In Home Use Solicitation Number 36C10G23R0015 Questions and Responses

Question 1. Attachment 1 (Invoice Inquiry Tracker 02): I believe this is to just show an example of future paperwork, yes? Nothing to complete?

Response 1. Yes, Attachment 1 is provided as an example only. Nothing is required to be completed.

Question 2. Attachment 2 (Contractor Discrepancy Report): I believe this is to just show an example of future paperwork, yes? Nothing to complete?

Response 2. Yes, Attachment 2 is provided as an example only. Nothing is required to be completed.

Question 3. Attachment 3 (QSR Reporting Tool): I believe this is to just show an example of future paperwork, yes? Nothing to complete?

Response 3. In Section B.2(d), Page 6, the VA requires the Contractor to submit the quarterly report of sales in the approved format listed in contract Attachment 2 – Quarterly Sales Report (QSR) Reporting Tool based on the Government’s fiscal calendar year. Thus, Attachment 3 is the approved format for this action upon award of the contract(s).

Question 4. Attachment 4 (Pay.gov Vendor Submittal Instructions): This is to just to show an example of future paperwork? Is there a need to register at this time?

Response 4. In Section C.11(c), Page 35, Attachment 4 is incorporated to provide specific instructions on how to remit the SLA Fee payment to Pay.Gov. Access to this site will need to be completed by the contract awardee(s).

Question 5. Attachment 5 (HIPAA-Business Associate Agreement): This is to be signed at this time or only at time of contract award? This is to be signed at bottom of page 6, signed by us in the left hand side and VA the right hand side?

Response 5. It is VHA policy that VHA must enter into a BAA with any person or organization that creates, receives, maintains, or transmits PHI in order either to perform certain health care operations, activities, or functions on behalf of VHA, or to provide one or more of the services specified in the HIPAA Privacy Rule to or for VHA. VHA Directive 1605.05 Business Associate Agreements. There are some exceptions to the BAA rules regarding Prosthetics where access to and disclosure of PHI is appropriate without a BAA or authorization. The Contractor will coordinate with the VHA Privacy Office, Business Associate Implementation Coordinator (BAIC), the Contracting Officer, Contract Specialist, and the Contracting Officer Representative (COR) upon award. The BAIC can be emailed at VHABAAIssues@va.gov.

Question 6. Attachment 6 (Cross Reference Index): This is to be filled out at this time with the product info sent in with RFI and any other supporting documents, and resend all the previous product literature again?

Response 6. As noted under Volume I – Technical, Page 50, the Cross Reference Index (Attachment 6) shall cross-reference the product literature location (page numbers/paragraph) to the MTRs. This is part of the requirement for the Volume 1 – Technical Factor. What was sent during the RFI will not be used for the solicitation. All product literature requested will be sent as a response to the solicitation.

Question 7. Attachment 8 (Past Performance Questionnaire): Can this be sent to VA purchaser/ATP's already purchasing under our current and previous FSS contracts? Is it only to be sent to dealers currently providing equipment under our or their FSS/GSA contract or other business we are selling to as well?

Response 7. Please see Solicitation Page 62, Past Performance, for the what the Government considered timely and relevant Past Performance. The Past Performance submission is the business decision of the Offeror and best represents the Offerors ability to provide recent and relevant history.

Question 8. Attachment 9 (Scooters Pricing Schedule): Understand the 19 columns shown in items need to be filled in. How about the columns in yellow that are hidden, are there any that need to be completed? If a division of our own company is manufacturing these in a TAA country, we use our own entity information in the OEM columns, example columns CF, CG, CH, CI correct?

Response 8. Please do not unhide any hidden columns. This spreadsheet is used for many different types of requirements. The hidden columns do not pertain to this requirement. Contractors shall not complete any columns that are hidden. Amendment 0001 has corrected the language on Page 53 of the RFP to state that the Contractor will complete all columns of the spreadsheets for each submitted item number. Yes, you should be using your own entity information in the OEM columns if a division of your own company is manufacturing these items in a TAA country.

Question 9. Attachment 9 (Scooters Pricing Schedule) Besides the items tab there are 8 other tabs after that on this worksheet however I do not see that we would fill out any of these tabs, is that correct?

Response 9. Contractors are only required to complete the “Items” tab on Attachment 9.

Question 10. Attachment 9 (Scooters Pricing Schedule) There is 1 tab before the items tab, there is nothing for us to complete on this tab, correct?

Response 10. See response to Question No. 9.

Question 11. 36C10G23R0015.doc containing 82 pages: Page 56, column labeled, Category F Compact/Portable, does not designate whether this is a 3 or 4 wheel model or it does not matter or it may be both?

Response 11. The submission for Category F can be either a 3 or 4 wheel product. Amendment has been adjusted to reflect this information.

Question 12. 36C10G23R0015.doc containing 82 pages: Pages 56- 59 requirement for all model, on page 57 #13 & 18 only are designated with (*) asterisk mark and pertains to just those exclusions. All MTR's list bottom of page 58 and top of 59 and are as follows. The (noted by *) seems confusing and therefore even categories A mid-size and F compact/portable - include all, or not *Right and left rearview mirrors, & *Light kit package? Etc.?

Response 12. Upon further discussion with the technical evaluation team, requirements for right and left mirrors as standard equipment are exempt for portable scooters. Current market research has shown that scooter light kit packages are common with all categories of scooters. All other listed standard equipment has historically been available with previous contract offerings. Amendment 0001 has adjusted the language in the solicitation to clarify this information.

Question 13. Section B.2; Payment Terms; Pg 6; 2nd paragraph; Shipping: The solicitation provides the option for delivery to a patient's home, which could be anywhere in the United States; but there is no provision for the delivery fee, set up, or instruction that would be required. If this is retained, please provide authority to charge for such patient's home delivery as a variable expense based on delivery location, assembly, and initial product instruction. To avoid such charges, we recommend deleting delivery to patient's home and providing delivery only to VA Center or to VA-selected delivery agents.

Response 13. As stated on page 6 of the solicitation, all shipping is FOB – Destination. In almost all orders, shipping will be to a VHA location. There are times when shipping will be to a patient’s home on an emergency basis. In those cases, shipping costs will be the responsibility of the requesting organization. The solicitation has been updated with additional language.

Question 14. Section 4.1; MTR's; Page 12; item 10, paragraph 2: Is seat lock required on Compact/Travel Scooters? We are unaware of market offerings in this category that have a seat lock that meet this requirement.

Response 14. Upon further market research and technical team discussion, compact/portable/travel scooters will be exempt from this requirement. The MTRs have been updated to reflect this change.

Question 15. Section B.5 RESNA Standard Tests; Page 14; paragraph 3 and 4: There are several references to Section F in B.5.; Section F is not included in Solicitation.

Response 15. All references to Section F have been removed and related test information is now found in Attachment 10. The updated language now reads:

B.5 RESNA STANDARDS TESTS AND REPORTS

Rehabilitation Engineering and Assistive Technology Society of North America (RESNA) Standards:

A RESNA or equivalent International Organization for Standardization (ISO) test results report must be included for each model submitted. An ISO 7176 test report may be submitted in lieu of a RESNA test report, but RESNA test reports are preferred.

Minimum requirements, including specific tests required, are listed in Attachment 10 RESNA Standards and Test Reports. Failure to provide a RESNA or equivalent ISO test report, or submitting a report which is incomplete, not legible, or compiled by individual testing on multiple devices will result in the offer being summarily rejected and withdrawn from further consideration. (See Attachment 10)

RESNA test reports will be used to confirm compliance with required specifications and as part of the Technical Evaluation Factors. Lack of compliance with specifications as listed in Attachment 10 will result in offer sample being summarily rejected and withdrawn from further consideration. (See Scooter Specification Requirements and Attachment 10)

Question 16. Section 4.0 Requirements; MTR's; page 14; 4th paragraph Additional Required Specifications: It is stated "full-size 3 wheel and full-size 4 wheel must be available in at least 2 seat sizes that vary in width and depth". Are we eligible to charge for the wider seat sizes? Will there be addition to Pricing Table for Additional Seat Sizes?

Response 16. Yes, you are eligible to charge for the wider seat size. The MTRs will be updated to state minimum additional seat size(s) and a CLIN will be added to the pricing sheet for additional seat size a minimum of 20” wide.

Question 17. Section C-Contract Clauses; Page 25; Clause (49)(i); and Attachment 9 Pricing spreadsheet: In the list of applicable clauses, the "Buy American-Supplies" clause is checked. However, the pricing spreadsheet in Attachment 9, column DE, asks for "TAA Country of Origin" but the TAA clause (#51) is not checked. We recommend deleting column DE from the spreadsheet or making it "N/A".

Response 17. The Buy American Act will be removed, and Trade Agreement Act will be added and be applicable.

Question 18. Page 25. Contract Clauses - Buy American Act: Why is the VA choosing to limit competition by including Buy American Act compliant Small Business versus the TAA clause which would open more competition from Small Business?

Response 18. See response to Question No. 17.

Question 19. Page 57 - MTRs - Section 18 requirements of suspension for indoor use scooter: Indoor use scooters - why add a requirement of Suspension - the 2017 MTRs did not require?

Response 19. The MTRs do not specify a scooter designed primarily for indoor use. A scooter offered for evaluation designed for outdoor or indoor use with or without suspension will be evaluated if it meets the MTRs. During our market research, scooter technology has changed since 2017 and this team is encouraging scooters with suspension technology to reflect advances in scooter features which is expected to benefit our Veterans. It is a vendor’s determination to provide a scooter with or without suspension. We expect the Vendor to provide their best scooter that provides the best value to the Government. The expectation is to submit an offer for one scooter with pricing for evaluation. The MTRs have been updated to reflect this clarification.

Question 20. General Solicitation Questions: In the current solicitation, there's no explicit requirement stated about offering on all product categories. Could you please confirm if it's necessary to bid on all categories in order to be considered for award?

Response 20. Volume IV – Price, notes that the Contractor shall provide unit pricing for all the products that are being proposed or mark the item as Included/No Charge (INC or N/C). Additionally, the Government has noted in the Basis of Award section that awards resulting from this solicitation will be made based on the best overall proposals that are determined to be the most beneficial to the Government. Award can be broken down by the categories that are found to be most beneficial to government. A Contractor does not have to bid each category.

Question 21. Page 29. 49)(i) 52.225-1: Page 29. 49)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83). Historically, the National contract and Federal Supply Schedule has adhered to the Trade Agreements Act (TAA) utilizing the substantial transformation standard to determine country of origin and related compliance. Is the VA’s intention to move completely away from the TAA compliance standard in this solicitation? Would the VA consider applying the TAA standard under this solicitation via an amendment? The undersigned readily acknowledges that these questions reflect concern that the longstanding applicability of the TAA to VA related procurement of mobility vehicles may make it commercially unfeasible for the majority, if not all of otherwise responsive responsible potential bidders to meet the BAA minimum domestic content test.

Response 21. (Actual Ref. should note Page 25.) See response to Question No. 17.

Question 22. Page 57. *18. Suspension with and/or without: Is suspension a requirement or an option? If an option, can the unit be priced as the base scooter and optional upgrade price for suspension (and or other clinical features)?

Response 22. It is a vendor’s determination to provide a scooter with or without suspension. The expectation is to submit an offer for one scooter with pricing for evaluation. Please do not submit an optional scooter.

Question 23. Page 5-6; 5. FSC MANDATORY ELECTRONIC INVOICE SUBMISSION: Payment/Purchase Card. Historically, VA has purchased via government purchase card. In the previous contract solicitation (for current scooter contract under extension), on page 15, under 5.4.3, The contractor may accept payments for written orders made using the Government wide commercial purchase card. Invoicing instructions will be identified in delivery orders. In the current solicitation on page 5, there is reference to FSC MANDATORY ELECTRONIC INVOICE SUBMISSION: Contractors are required to submit payment requests in electronic form in accordance with the submission instructions below. Will all purchasing/invoicing change to be routed through Tungsten network or will the current standard of purchases through the government purchase card continue?

Response 23. Language has been added to page 4 outlining the use the Government Purchase Card.

Question 24. Page 47. Paragraph 1: File size: Due to file size, will VA consider a secure flash drive with password protection, secure file transfer protocol (SFTP) or Microsoft OneDrive location set up for specific users (i.e., Zachary Wilcox and Erica Wilson) to keep naming conventions and organization in the easiest format for the VA to digest and review? For instance, an illustrated parts breakdown for one scooter model can and will exceed the 6mb maximum file size.

Response 24. The VA has increased the email file size limits from 6 MB to 40 MB. As such the solicitation has been changed to note this adjustment.

Question 25. Page 47. PROPOSAL SUBMISSION INSTRUCTIONS: Due date: Due to the extensive volume of requirements, the addition of two additional categories (and related materials) in conjunction with collating emails to be less than the VA 6 MB maximum size, would VA be willing to consider an extension of 5 to 10 business days for bidders to coordinate materials?

Response 25. See response to Question No. 24.

Question 26. Attachment 9 - Pricing: Attachment 9 Pricing; can the estimated annual quantities/volumes for Categories C and E be verified? It appears that they might be transposed.

Response 26. Attachment 9 has been updated to show corrected quantities for Category C. See Attachment 9 Amendment 0001.

Question 27. Section C(b)(49), pg. 25: Could you please clarify the applicability of the 'Buy American' requirement in relation to the Minimal Technical Requirements (MTR) specified in the contract? Our analysis indicates that adhering to both the MTR and the 'Buy American' Federal Acquisition Regulation (FAR) may not be feasible. Would the contracting agency be open to considering product compliance with the Trade Agreements Act (TAA) as an alternative?

Response 27. See response to Question No. 17.

Question 28. Section B.1 Paragraph 2, Pg 4 and Second mention of payment, Section B.4 Paragraph 2.2, Pg 10: Could you please clarify the payment procedures outlined in the contract? One section mentions that all invoices should be submitted through the Tungsten Electronic Invoice Submission system, while another indicates that individual delivery orders will specify payment procedures. Will all orders require invoicing through Tungsten, or are there alternative methods of payment, such as government charge cards, that might be specified in individual delivery orders?

Response 28. See response to Question No. 23.

Question 29. Volume III: Socio-Economic evaluation credit: In Volume III concerning Socio-Economic Considerations, the contract indicates that credit will be given to contractors who qualify as SDVOSB or VOSB as per VAAR 852.215-70. Could you please clarify if tiered pricing evaluations could be introduced based on socio-economic statuses, such as SDVOSB or VOSB, to further promote these categories within contract awards?

Response 29. Tiered pricing is not being considered at this time.

Question 30. General Solicitation Question: In reviewing the contract documentation, we noticed an absence of guidelines pertaining to shipping and associated ancillary costs, such as expedited delivery or lift gate fees. Additionally, the pricing template provided does not offer a dedicated section to account for these potential surcharges. Could you please clarify whether the contract allows for the inclusion of such additional costs beyond the base price of the products?

Response 30. See response to Question No. 13.

Question 31. MTR 18: In MTR 18, it's indicated that the product can be offered 'with and/or without suspension.' However, the provided pricing template does not seem to accommodate for pricing variations based on this specification. Could you please clarify how we are expected to offer and price these two distinct product variations within the constraints of the current pricing template?

Response 31. It is a vendor’s determination to provide a scooter with or without suspension. The expectation is to submit an offer for one scooter with pricing for evaluation. Please do not submit an optional scooter.

Question 32. MTR 14: MTR 14 specifies that a minimum of two color options must be offered at the same price and be indicated in the product literature. However, the provided pricing template does not have a section for detailing these color variations. Could you please advise on how we should appropriately indicate our color options in line with both the pricing template and MTR stipulations?

Response 32. If at least two color options (no charge) are offered, the technical evaluation team will accept the colors indicated in the product literature as sufficient proof to meet the MTR requirements of minimum of 2 colors. Additional color options would be desired, but there will be no upgrade costs for custom colors. There will not be a price CLIN for color variations.