36C24819Q0688-009.docx

Attachment 4- Instruction to Quoters Combined Synopsis/Solicitation Solicitation 36C24819Q0688

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items:

Quoters are to submit any questions regarding this requirement via email Cynthia Gregg via email Cynthia.Gregg@va.gov telephone (813) 813-972-2000 ext. 5270 no later than 12:00 pm EST, May 21, 2019

Questions, with the Government’s responses, will be posted to the Government Point of Entry (GPE) FEDBIZOPPS (www.fbo.gov). Please be advised that the Government reserves the right to transmit those questions and responses of a common interest to all prospective contractors.

Provide the following information with your quote:

· Solicitation number

· Name and address of your company

· Point of contact; name, e-mail and phone number

· DUNS number and CAGE CODE

· Price, Fee, Reinstatement Fees and any discount terms

· Letter from OEM that you are an Authorized Distributor/Service Provider.

· Representations and Certifications at FAR 52.212-3. Complete only paragraphs (b) of this provision if the vendor has completed the annual representations and certificates electronically via the System for Award Management (SAM) website. If a vendor has not completed the annual representations and certifications electronically at the SAM website, the vendor shall complete only paragraphs (c) through (o) of this provision.

Quoters are to e-mail complete quotes to Cynthia Gregg via email Cynthia.Gregg@va.gov no later than 5:00 PM eastern stand time June 19, 2019.

Interested parties may contact Cynthia Gregg via email Cynthia.Gregg@va.gov or telephone (813)972-2000 ext. 5270 to confirm receipt of their respective quote package.

All provisions and clauses applicable to this solicitation can be viewed in full text using the following web addresses: http://www.acquisition.gov/far/index.html and http://www.va.gov/oal/library/vaar/ Note, unless exempt per Federal Acquisition Regulation [FAR] Part 4.11, all contractors must be registered and have an active registration in the System for Award Management (SAM) to be considered for an award against this solicitation.

Gray Market Prevention Language

(a) Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.