36C10X26R0062 Vendor Questions.pdf

36C10X26R0062 Vendor Questions

Government answers are in red font

• Attachment B, Section 5, states that the contractor will deliver “Bariatric Patient Transfer Lifts and accessories” to VHA facilities. Please confirm whether this is an administrative error and that the delivery requirement should instead reference the NX EQ EEG systems, equipment, accessories, and related products covered by this solicitation. This is an administrative error. The correct language for this section is: “The Period of Performance will be from date of award for a base of 12-months with four 12-month option periods. Offerors will be required to deliver EEG systems and accessories to VHA facilities located in the Continental United States (CONUS) and Outside of the Continental United States (OCONUS). Delivery requirements shall be specified under each individual order.”

• For an SBA-certified SDVOSB proposing to serve as an authorized OEM distributor/reseller, please confirm whether an SBA Nonmanufacturer Rule waiver applies to this acquisition. If no waiver applies, please confirm whether each proposed end item must be the product of a domestic small business manufacturer or processor in accordance with VAAR 852.219-76 and 13 CFR

121.406. Currently, there is an existing Nonmanufacturer Rule Class Waiver for NAICS 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing.

• The solicitation requires distributors/resellers to submit an OEM authorization letter dated within 12 months of proposal submission and states that the letter must remain valid for the life of the contract. Please confirm whether the OEM letter submitted with the proposal must expressly authorize the reseller for the entire potential five-year contract period, including all option periods, or whether authorization may be renewed during the contract term. The OEM authorization letter submitted with the proposal must be dated and signed by an OEM authorized representative within 12 months of proposal submission, as stated in the solicitation. The letter can state this however the OEM sees fit (e.g. “life of contract”, “base plus four”, “inclusive of options periods”, etc.)

The requirement that authorization remain "valid for the life of the contract" means the Offeror's OEM-authorized distributor/reseller status must remain in effect throughout contract performance, not that the letter itself must recite a fixed end date covering all option periods. If an Offeror's OEM authorization is renewed, revised, or otherwise updated during contract performance, the Contractor is responsible for maintaining current authorization and providing updated documentation to the Contracting Officer upon request or as authorization status changes.

• Please confirm whether an authorized SDVOSB reseller may propose a solution in which installation, training, technical support, warranty, and related manufacturer services are performed directly by the OEM while the SDVOSB remains the prime contractor and authorized reseller.

Yes, an- authorized SDVOSB distributor may subcontract installation, training, technical support, warranty, and related services to the OEM under an SDVOSB set-aside provided the scope and percentage of work is compliant with all federal laws and regulation.

Per VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

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

852.219-73 (d)(2) Supplies/products (i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted.Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

Chattman, Courtney B. (OALC EPO AS3) This response is good but it doesn’t completely answer their question. You should start it off with something along the lines of “Yes, an authorized SDVOSB distributor can subcontract installation, training, technical support, warranty, and related services to the OEM under an SDVOSB set-aside.” And I would following it up with the information you included.