Vendor Questions and MSPV Team Responses - Q3 Solicitation - Amendment.pdf

Q1: For the Authorized Distribution Letters, is there a specific template you want us to use, and should the letter reference the RFQ?

A1: Sample letter attached. All ADLs must be on the manufacture’s letterhead, must be signed with 90 days of offeror submittal, and must reference it is for the MSPV Program.

Q2: There are still Prosthetic items on the quote sheet. Should they be removed?

A2: Not all prosthetic items are not being considered for the MSPV Program, however there are prosthetic items that will remain on the quote sheet and we request quotes be submitted. The determination will be made at the individual item level by the IPT.

Q3: I have over $20K spend on a medical product, and I’m trying to lower pricing to have it put on the new BPA. It’s currently on VA FSS. I thought I would be able to add it on the enclosed form (line 19), but it keeps adding errors (E5), I think because it doesn’t have a line number in column A19. Am I doing this wrong? Is there another way to submit it?

A3: The quote sheet will not allow you to add items to the quote sheet. New items will be solicited on a future quarterly solicitation.

Q4: As of August 1, 2023, we became the exclusive sole source government distributor for a particular mfg. As part of this agreement, they provided us the attached letters to provide to our government customers. Is there a process for converting currently awarded MSPV contracts from one vendor to another vendor when a new partnership like this happens?

A4: If the mfg has selected you as the sole distributor for their products for the MSPV program, the mfg must rescind the ADLs to the other suppliers. Please contact the MSPV VHA Procurement leadership to discuss this matter and the next steps.

Q5: Per the Supply Category definition for Laboratory these items should be removed from the solicitation as they are considered to be either laboratory test kits, reagents, quality control material, consumable parts or supplies that are proprietary to diagnostic laboratory equipment. Should the items on the attached sheet identified as Lab Category items be removed from the quote sheet?

A5: All items on the quote sheet have been reviewed by the Laboratory IPT for their inclusion on the quote sheet. If it is later found that those items do not belong on the program, they will be rejected at the technical review.

Q6: Can we quote on items that are not on the Excel Pricing Sheets and add them as a new item?

A6: No, only items listed on the quote sheet should be quoted under this solicitation. No other supplies are being considered at this time.

Q7: If we already have a BPA and any award would result in a MOD to that agreement, would we still need to go back through the Word document and check all the required boxes / information required?

A7: Yes, please complete all required documentation.

Q8: Are we only quoting the products from our company that were included on the RFQ spreadsheet (we are an OEM with no distributors)?

A8: Yes, we are only considering items listed on the quote sheet for the current solicitation.

Any mfg or supplier can quote on items for which they have an Authorized Distributor Letter from the mfg of those items.

Q9: If yes for the question above, what is the process for adding additional products to our

MSPV BPA through the quarterly solicitation program?

A9: Any item being requested to be included on the on the program, must meet one of the following thresholds and will be added to the program will be added via quarterly solicitations:

$20k in annual spend 100 orders 25 individual VA sites ordering

Q10: Pg. 6. Pertaining to “Offerors may propose supplies from their respective catalogs they wish to provide to the government that fit within the scope of the respective product category…”. Does the product proposed have to be the exact product as in “Brand name only” or can it be “Brand name or equal to”?

A10: A revised SOW is attached to this amendment. We are only seeking proposals for the items listed on the quote sheet at this time.

Q11: Pg. 7. Pertaining to “Offerors are encouraged to submit quotes across all applicable categories to ensure their quotes are evaluated in the correct category”. Is this applicable in this solicitation? If so, how is this done as the “Quote Sheet Supply Solicitation” spreadsheet does not have a way to select product categories?

A11: N/A – see updated SOW

Q12: Pg. 9. Pertaining to “All modifications will be based on Government needs and will be made on a quarterly basis”. Can you explain how this will be implemented? Will suppliers have a specified date(s) to submit requests for modification? Or will suppliers submit throughout the quarter for the contracting officer to complete the modifications all at once, one per quarter?

A12: Each supplier with an awarded BPA should work with their respective Contracting Officer to determine quarterly schedule.

Q13: Pg. 9. Pertaining to “All modifications will be based on Government needs and will be made on a quarterly basis”. How will recalls and discontinued products be handled?

Recalls will require immediate attention and discontinued product will similarly require quick turn arounds.

A13: Discontinued, recalled, and non-TAA compliant items can be removed as needed.

Coordinate with your assigned CO.

Q14: Pg. 9, 3.b. Pertaining to: “BPA modifications for recall or policy change will happen on an infrequent, as needed basis. Any items discontinued for any reason and or recalled that have a Direct Replacement shall use the form at the link below. Can you provide the “link” referenced?

A14: SOW updated with appropriate link.

Q15: Pg 10. 4. a. & b. Pertaining to “The Authorized Supplier or Government can request addition of new item(s) to the MSPV Product List. The Government’s decision whether to add any new items is final”. & “Supply additions may be initiated by sending an email to your respective Contracting Officer. If an item is determined to potentially be eligible for the program it will be included in the next or future quarterly solicitation.” Is there a specific format for this information? Can you confirm this will go direct to the respective Contracting Officer or does it go to the VA portal?

A15: This does not pertain to this solicitation and has been removed from the SOW. The process for submitting new items for consideration for the MSPV Product List will be updated on the MSPV web page.

Q16: Is the following section required to be completed?

C.7 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE

OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION) –

(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.

(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, [insert name of offeror] 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 [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________

A16: Yes, all offerors are required to complete this section

Q17: Please confirm if this solicitation is at a tiered approval bases regarding set-aside status.

On the 1449 it is marked as SDVOSB but then on page 2 mentions it’s open to resellers and does not mention set-aside requirements.

A17: This will be a tiered evaluation with an initial set-aside at the SDVOSB tier.

Q18: When do you determine an award will be made and how soon after will the contract start?

A18: Proposal reviews will begin as soon as the quote sheets are uploaded following the

October 13 closing date. We will not have an anticipated time of award until we have received all quotes and we can determine how many induvial items are received. The intent is to award in a timely manner.

Q19: Who are the PVs that would be involved if a WOSB is awarded and is there a cost to work with them?

A19: Upon award of a Blanket Purchase Agreement (BPA), the awardee will be provided the list of the current Prime Vendors. All BPA awardees are required to establish commercial agreements with the Prime Vendors. Please see Section II, paragraph B.1. of the Statement of Work regarding pricing.

Q20: I was informed previously that they could not charge fees if orders were to go against the MSPV contract, is that correct?

A20: As applicable per the current Prime Vendor distribution contracts.

Q21: Per FAR 8.005, FAR Clause 52.208-9 (Contractor Use of Mandatory Sources of Supply or Services) is required to be listed in the solicitation. It is important for all potential bidders for the MSPV contracts to understand that in performance of their contract requirements, the procurement of certain mandatory source AbilityOne items will be required. Therefore, obtaining quotes/costs/pricing of these mandatory items would be prudent for accurate bidding. Will the VA be including FAR 52.208-9 in the solicitation? If not, please explain the rationale.

A21: No, 52.208-9 will not be included. Per VAAR 808.002 (iv) Supplies that are on the

Procurement List maintained by the Committee for Purchase From People Who Are Blind or Severely Disabled, through the AbilityOne Program (FAR subpart 8.7). Supplies that are on the Procurement List but which do not meet the definition of a covered product in paragraph (a)(1)(iv)(A) of this section are only required to be procured from a mandatory source in accordance with FAR 8.002 if an award is not made to a certified SDVOSB/certified VOSB listed in the SBA certification database after following the procedures set forth in subpart 819.70.

Additionally, any items that do not meet the requirements above and are determined to be required to procured from Ability One will be removed from this solicitation and procured via a separate Ability One procurement.

Q22: The solicitation Quote Sheet includes categories that appear to be outside of covered medical/surgical supplies including janitorial/sanitations and food service (cups, cutlery, etc.) products. Does the VA consider these types of categories within scope of medical/surgical supplies?

A22: See the attached description of Product Categories that are included in the VA MSPV program.

Q23: Why are vendors asked to exclude supplies that are listed on the AbilityOne

Procurement List?

A23: We will follow the requirements of VAAR 808.002 as it pertains to AbilityOne items.

Q24: If AbilityOne items are excluded from the product list, how will AbilityOne products then be handled?

A24: We will follow the requirements of VAAR 808.002 as it pertains to AbilityOne items.

Q25: After review of the Quote sheet, there are many products that are designated by the

U.S. AbilityOne Commission as Essentially the Same (ETS) to mandatory AbilityOne Procurement List items (https://www.abilityone.gov/distributors/independent.html). What steps will the VA https://www.acquisition.gov/far/subpart-8.7 https://www.acquisition.gov/far/8.002 https://www.va.gov/oal/library/vaar/vaar819.asp#81970 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.abilityone.gov%2Fdistributors%2Findependent.html&data=05%7C01%7C%7C5861d3f4afb345efccaf08dbb5627514%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638303206703413389%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=QmV9z1z%2B3Uqbb4VWlkYXg0I2uizYPIOw27ANPHDs0DU%3D&reserved=0 take to remove ETS items from this contract to ensure compliance with the Javits- Wagner-O’Day Act?

A25: Essentially the Same (ETS) items have been identified by the IPT and removed from the quote sheet list. Additionally, all items will go through an additional review, and if the IPT determines that they are ETS to AbilityOne items, they will not be considered for the MSPV Product List.

Q26: NMR Waiver - Yes/No

A26: There is not an individual solicitation NMR waiver. All vendors must respond on the quote sheet if that individual item is being submitted under an NMR Class waiver. If that item does not have a class waiver, the NMR will apply to that item.

Q27: The Solicitation states that “Offerors may propose supplies from their respective catalogs they wish to provide to the government that fit within the scope of the respective product category, excluding any supplies already covered under the AbilityOne Procurement List.” (see page 6 of 68, emphasis added). However, there are multiple products listed on the Supply List that are, in fact, currently available on the AbilityOne Procurement List. How does the Agency want offerors to handle this inconsistency?

A27: We will be following the requirements of VAAR 808.002 as it pertains to AbilityOne items.

Q28: Does the Agency intend to purchase all supplies covered under the AbilityOne

Procurement List from a qualified AbilityOne Nonprofit Agency (NPA) for the Blind or Severely Disabled?

A28: We will be following the requirements of VAAR 808.002 as it pertains to AbilityOne

Q29: Why is the Agency seeking quotes on the Supply List for certain products that meet the requirements of 38 U.S.C. 8127(d)(1) and are therefore required to be purchased from the AbilityOne Procurement List? Does the Agency plan to violate the Javits Wagner O’Day Act (JWOD), 41 U.S.C. 8504, by issuing BPAs to SDVOSBs for these products?

A29. We will be following the requirements of VAAR 808.002 as it pertains to AbilityOne

Q30: Is the Agency aware that there are at least 100 products identified on the Supply List that qualify as “Essentially the Same'' to products on the AbilityOne Procurement List?

Pursuant to 41 CFR § 51-6.13, such products are required to be purchased through the AbilityOne Program. Does the Agency intend to purchase all “Essentially the Same” supplies covered under the AbilityOne Procurement List from a qualified AbilityOne Nonprofit Agency for the Blind or Severely Disabled or is the Agency planning to violate well established law and regulations by issuing contracts to SDVOSBs for these products?

A30: We will be following the requirements of VAAR 808.002 as it pertains to AbilityOne

Q31: If the Supply List contains products that already are listed on the MSPV, how does the

Agency intend to ensure that such products will not be subject to rebid?

A31: Duplicate OEMs will not be awarded. See A9 for inclusion criteria.

Q32: How does the Agency intend to conduct a proper price evaluation and determine the price for supplies most advantageous to the government if offerors are permitted to pick and choose which products they are proposing to sell?

A32: See Provision 52.212-2. This section covers how the evaluations will be conducted.

Q33: What is the specific criteria that the Agency will use to evaluate price proposals?

A33: See Provision 52.212-2. This section covers how the evaluations will be conducted.

Q34: Please confirm that large (i.e., unrestricted) businesses are permitted to make offers and will be considered under the tiered approach set forth on page 50 of the Solicitation.

A34: Large businesses are permitted to make offers and will be considered using the tiered evaluation approach IAW FAR 52.212-2 (Evaluation)

Q35: How does the Agency plan to evaluate pricing submitted by large (i.e., unrestricted) businesses?

A35: See Provision 52.212-2. This section covers how the evaluations will be conducted.

Q36: I s there a reason that the Agency has identified certain products on the Supply List specifically by brand name, as opposed to requesting products that can meet the same specifications as the brand name product?

A36: Pursuant to Public Law (P.L) 155-407 § 703(b)(1)

(b) CLINICALLY DRIVEN SOURCING.— (1) EXPERTISE.—In carrying out the formulary of supplies under the Medical Surgical Prime Vendor program, or successor program, the Secretary shall ensure that each employee of the Department of Veterans Affairs who conducts formulary analyses or makes decisions with respect to including items on the formulary has medical expertise relevant to the items for which the employee conducts such analyses or makes such decisions.

All items that are included in this solicitation have been reviewed and approved by the Integrate Product Teams that support the MSPV Program. No alternatives to these items will be accepted.

Q37: Will an offeror’s proposal be disqualified if it proposes a comparable product to the specified brand name, and how should offerors identify the linkage between products?

A37: For the purposes of this solicitation, only the products listed on the quote sheet are being solicited.

Q38: Please produce the J&A that supports the Agency’s decision to specify each of the brand name products identified in the solicitation.

A38: Per the requirements of FAR 5.102(a)(6) and FAR Part 13.501(a) we are not required to post the J&A; however, in the interest of transparency, we have posted the J&A with the amendment.