36C10G24Q0151.docx

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

OPAL | Strategic Acquisition Center

10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697

POINT OF CONTACT*

Contract Specialist Jalima J. Jones Jalima.Jones@va.gov

(202) 570-8856

PLACE OF PERFORMANCE

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

DESCRIPTION

Solicitation Number:

36C10G24Q0151

Notice Type:

Combined Synopsis/Solicitation

Synopsis:

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for brand name, or equal 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 will not be issued.

Solicitation number 36C10G24Q0151 is issued for this combined synopsis/solicitation; this solicitation is being issued as a Request for Quote (RFQ). This combined synopsis/solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-06, dated 29 August 2024.

Requirement Description:

VA has a requirement to purchase Hearing Aid Testers to deliver patient care at its VA Medical Centers around the country. Hearing Aid Testers are diagnostic testing and fitting systems for hearing aids. A hearing aid fitting involves a hearing assessment, hearing aid selection, fitting, verification, and evaluation or outcome measurement. Hearing Aid Testers offering accurate results, increases verification efficiency and offers ease of use, verify audibility and listening comfort for amplified signals, verify to validated, and generic fitting formula targets. Hearing Aid Testers accurately assess hearing instrument output relative to dynamic range of the patient.

A single award Requirements contract will be awarded IAW FAR 52.211-6 Brand Name or Equal in accordance with all terms, conditions, provisions, specifications, and schedule of this solicitation herein. Quotes shall contain the terms for cost/price and technical capabilities of the brand name or equal equipment. The Government reserves the right to award without discussions.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334510 – Electromedical and Electrotherapeutic Apparatus Manufacturing: 6515 – Medical and Surgical Instruments, Equipment, and Supplies and the associated size standard is 850 employees. This procurement action is a 100% Service-Disabled Veteran Owned Small Businesses (SDVOSB) set aside.

This acquisition is for a single award Requirements contract in accordance with FAR Part 16.5 for AudioScan Verifit 2® / Audioscan Axiom® brand name or equal Hearing Aid Tester as identified in ATTACHMENT A – PRICE COST SCHEDULE - NX EQ HEARING AID TESTERS. All interested companies shall provide a quote for all Contract Line-Item Numbers (CLINs) listed in ATTACHMENT A – PRICE COST SCHEDULE - NX EQ HEARING AID TESTERS.

The ordering period is for one 12-month base year with four 12-month option years. Delivery is FOB destination. Firm-Fixed Price Orders will be placed against this contract in writing and will provide the delivery locations, delivery dates and exact quantities.

The FAR provision at 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition including attached addenda to the provision.

The FAR provision at 52.212-2, Evaluation -- Commercial Items, and the specific evaluation criteria as attached addenda also applies to this acquisition.

The Offeror is to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer.

Clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and a statement regarding any addenda to the clause. Addendum is attached.

Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition. Addendum is attached.

All interested quoters must be registered in the System for Award Management (SAM) prior to submitting a quote. You may access SAM at https://sam.gov/SAM/.

Questions regarding this combined synopsis/solicitation are due via email by 4:30 PM EST on September 26, 2024, to Contract Specialist, Jalima Jones at Jalima.Jones@va.gov and Contracting Officer, Sara Vickroy at Sara.Vickroy@va.gov. No calls will be accepted.

Quotes are due via email by 04:30PM EST on October 07, 2024, to Contract Specialist, Jalima Jones at Jalima.Jones@va.gov and Contracting Officer, Sara Vickroy at Sara.Vickroy@va.gov No calls will be accepted.

1. SCOPE OF WORK

The Veterans Health Administration (VHA) Non-Expendable Equipment National Program has identified the Hearing Aid Testers product line as a candidate for a VA-wide (otherwise referred to as “national”) single Requirements contract award.

Hearing Aid Testers are diagnostic testing and fitting systems for hearing aids. A hearing aid fitting involves a hearing assessment, hearing aid selection, fitting, verification, and evaluation or outcome measurement. Hearing Aid Testers offering accurate results, increases verification efficiency and offers ease of use, verify audibility and listening comfort for amplified signals, verify to validated, and generic fitting formula targets. Hearing Aid Testers accurately assess hearing instrument output relative to dynamic range of the patient.

The Contractor must demonstrate the ability to meet all requirements for the solicitation. The objective is to provide Hearing Aid Testers to be used by clinicians throughout the VA medical centers and facilities. The period of performance is for one 12-month base period with four 12-month option periods.

2. REQUIREMENT

This requirement will be IAW FAR clause 52.211-6, “Brand Name or Equal” which requires the offeror indicate that each product being offered as an “equal” product to the AudioScan Verifit 2® / Audioscan Axiom® or equal, Hearing Aid Testers. For each equal product, the offeror must include a description reflecting the salient characteristics (SC) and level of quality that will satisfy the salient physical, functional, or performance characteristics of the equal product(s) specified in the solicitation. The offeror must also clearly identify the item by brand name (if any) and make/model number. Finally, the offeror must include descriptive literature, such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer, and clearly describe any modifications it plans to make to a product to make it conform to the solicitation requirements.

The following line items comprise the Hearing Aid Testers product line:

Name

The Department of Veterans Affairs (VA) is seeking SDVOSB vendors who can provide AudioScan Verifit 2® / Audioscan Axiom® or equal, Hearing Aid Testers as listed above which meet all the following salient characteristics.

The Government intends for offerors to include all ancillary items, to ensure the equipment can function as designed by the OEM and as clinically required. Products quoted in the technical volume must be captured on the Vendor’s pricing volume (Attachment A - Price Cost Schedule) of the solicitation.

Additionally, responses can include any additional product and other product-related services necessary to obtain the supplies as required that may be beneficial and essential to the functionality of the proposed solution. These items must be clearly identified by brand name and part number.

When offerors include their additional proposed product items/services, these items may be considered for evaluation, and must be captured in the vendor’s pricing volume with an estimated quantity of zero.

Vendors may quote any product solution or configuration so long as they meet the salient characteristics. Products quoted in the technical volume must be captured on the Vendor’s pricing volume (Attachment A, Price Cost Schedule) of the solicitation. Vendors may quote any additional ancillary products which they deem to be essential to the functionality of the proposed solution; these items must be captured in the Vendor’s pricing volume with a quantity of zero.

3. INSTALLATION

The ordering facility and the vendor/manufacturer will schedule any offered installation, deinstallation, and disposal. When there is a need to procure these CLINs, the ordering facility will communicate with the vendor on the schedule and delivery times upon receipt of goods based on facility needs.

4. TRAINING

The ordering facility and the vendor/manufacturer will schedule any offered training as established by CLIN. Training mode of delivery and training schedule will be purchased based on facility needs.

5. MAINTENANCE, REPAIRS AND REPLACEMENTS

Instructions and procedures will be provided by the vendor specific to the warranty, maintenance, repairs, and replacement of product and services. At minimum, vendor will propose manufacturer warranty period that may include response time, parts, associated maintenance services and consumables.

6. PRODUCT REFRESH

Product refresh is when a current CLIN is no longer being manufactured due to obsolescence and the product item is being replaced with a newer, and more often, a superior version of the same item. The current CLIN product will be revised to reflect the refreshed product information, manufacturer’s part number, IDIQ price (inclusive of Service Level Agreement (SLA) fee), etc.

The Government reserves the right to not accept the products offered under product refresh. The contractor will be notified in writing if a product refresh is not accepted. All products offered shall be provided with the warranty that is agreed upon for this contract.

The contractor agrees to ensure that all upgraded improved/replaced products meet American with Disabilities Act (ADA) and Health Information Portability and Accountability Act (HIPAA) Federal requirements, see ATTACHMENT C – CONTRACT CLAUSES- NX EQ HEARING AID TESTERS.

The contractor shall provide the COR and CO the following information for product refresh:

(1) A list of specific awarded item(s) being refreshed in the Price/Cost Schedule (to include commercial pricing, discount offered, and IDC price (inclusive of SLA fee));

(2) Product literature for the item(s) refreshed.

(3) A detailed description of the differences or benefits of refreshed as compared to the item(s) being discontinued or added.

(4) Proper identification of any product requirements and/or procedures related to those product(s) proposed to be refreshed or upgraded.

(5) FDA approval, if applicable

(6) Provide historical sales to VA by item(s), if applicable

(7) Copy of Commercial Warranty.

The request shall be submitted to the COR, copy to the Contract Specialist and Contracting Officer, for review and recommendation of approval to be submitted to the CO. The CO shall prepare a bilateral modification for execution.

7. PRODUCT REMOVAL OR RECALL

For any product awarded under this contract removed or recalled by the manufacturer due to defects in the product or potential dangers to patients, or if any required removal.

or recall is suggested or mandated by a regulatory or official agency, the manufacturer agrees to take following steps immediately:

Notify the Contracting Officer (CO) at the Strategic Acquisition Center in writing, by the most expeditious manner possible.

Provide copies of the notification to CO, Contracting Specialist, Contracting Officer Representative, and Manager at Product Recall Office, all Agencies and VA Facilities who purchased the product, which include, but not be limited to the following:

(1) Complete item description and/or identification, order numbers from customers and the contract number assigned as a result of an issuance on the solicitation;

(2) Reasons for modifications, removal or recall; and

(3) Necessary instructions for return for credit, replacement or corrective action.

A copy of the notification will be provided to:

Manager, Product Recall Office National Center for Patient Safety Veterans Health Administration 24 Frank Lloyd Wright Drive, Lobby M Ann Arbor, MI 48106

8. DATA RIGHTS

Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto, as permitted by FAR 12.212. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrink wrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ) in accordance with 28 U.S.C. § 516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.

The following attachments are incorporated by reference. All criteria outlined in the attachments are applicable to this combined synopsis/solicitation.

See attached document: ATTACHMENT A - PRICE COST SCHEDULE - NX EQ HEARING AID TESTERS.

See attached document: ATTACHMENT B - CONTRACT ADMINISTRATION - NX EQ HEARING AID TESTERS.

See attached document: ATTACHMENT C - CONTRACT CLAUSES - NX EQ HEARING AID TESTERS.

See attached document: ATTACHMENT D - SOLICITATION PROVISIONS - NX EQ HEARING AID TESTERS.

See attached document: ATTACHMENT E - REPORTING TOOL - NX EQ HEARING AID TESTERS.

Combined Synopsis/Solicitation Notice