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36C24819Q1278
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
DUNS:
DUNS+4:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
673-19-4-084-0171 36C24819Q1278 08-20-2019 Camille Alderman 813-972-2000 3133 09-03-2019 5 pm EST Y Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637 X X 339920 750 Employees N/A X Department of Veterans Affairs James A. Haley Veterans Hospital (90C) 13000 Bruce B. Downs Blvd Tampa FL 33612 00248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Tampa FL 33637
Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page Vendors see price/cost schedule B.2 for all items IAW of Statement of need under B.4. Original Equipment Manufacturer (OEM) MOTOmed brand name or equal. FOB Destination shipping.
Must be authorized reseller/distributor. Quote must include authorized distributor letter and estimated delivery date.
Comparative evaluation under E.3. Small Business set aside.
Vendor must be active in SAM:
SAM link: https://sam.gov/SAM/pages/public/index.jsf Questions in response to this solicitation may be emailed to Camille.Alderman@va.gov no later than 27th August 2019.
See CONTINUATION Page X Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 3 |
| ITEM INFORMATION | 3 |
| B.3 DELIVERY SCHEDULE | 7 |
| B.4 STATEMENT OF NEED | 7 |
| SECTION C - CONTRACT CLAUSES | 10 |
| C.1 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) | 10 |
| C.2 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 10 |
| C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 10 |
| C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 12 |
| SECTION E - SOLICITATION PROVISIONS | 13 |
| E.1 52.211-6 BRAND NAME OR EQUAL (AUG 1999) | 13 |
| E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 13 |
| GRAY MARKET LANGUAGE (MAY 2016) | 17 |
| E.3 ADDENDUM TO FAR 52.212-2 EVALUATION FACTORS | 18 |
| E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 18 |
| E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018) | 19 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [x] Invoices shall be submitted after shipment of items. Invoice will be paid after delivery and acceptance of items. |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| EA |
| __________________ |
| __________________ |
MOTOMED VIVA2 (LOWER), SAFETY FOOT SHELLS, AND HANDLEBAR
MANUFACTURER PART NUMBER (MPN): RECK_200.003
| 1.00 |
| PR |
| __________________ |
| __________________ |
PLASTIC-COATED SAFETY FOOT SHELLS INCL. DISINFECTING STRAPS; PAIR, INCL. PEDAL CRANKS; FOR V2
MANUFACTURER PART NUMBER (MPN): RECK_185.000
| 1.00 |
| PR |
| __________________ |
| __________________ |
LEG GUIDES WITH CALF SHELLS
MANUFACTURER PART NUMBER (MPN): RECK_302.000
| 1.00 |
| PR |
| __________________ |
| __________________ |
PEDAL RADIUS QUICK ADJUSTMENT LEG TRAINING PAIR VIVA2
MANUFACTURER PART NUMBER (MPN): RECK_507.000
| 1.00 |
| EA |
| __________________ |
| __________________ |
RACK TO MOUNT STIMULATOR REHASTIM2 FOR VIVA2 LEG TRAINER
MANUFACTURER PART NUMBER (MPN): FES_01209
| 2.00 |
| EA |
| __________________ |
| __________________ |
MOTOMED LETTO2 ARM/LEG; INCLUDES DIP COATED HANDLEBAR
MANUFACTURER PART NUMBER (MPN): RECK_279.008
| 2.00 |
| EA |
| __________________ |
| __________________ |
L2 EXPANDABLE CHASSIS
MANUFACTURER PART NUMBER (MPN): RECK_160.000
| 2.00 |
| EA |
| __________________ |
| __________________ |
PLASTIC-COATED TRAINCARE COMFORT LEG GUIDES INCL. ADJUSTABLE KNEE SUPPORT W/DISINFECTING STRAPS, PAIR; FOR LETTO2
MANUFACTURER PART NUMBER (MPN): RECK_184.000
| 2.00 |
| EA |
| __________________ |
| __________________ |
PLASTIC-COATED SAFETY FOOT SHELLS W/5 DEGREE EXTERNAL ROTATION AND DISINFECTABLE FIXATION STRAPS
MANUFACTURER PART NUMBER (MPN): RECK_183.200
| 3.00 |
| EA |
| __________________ |
| __________________ |
FES PORT/SERIAL INTERFACE RS232
MANUFACTURER PART NUMBER (MPN): RECK_214.000
| 5.00 |
| EA |
| __________________ |
| __________________ |
MOTOMED MUVI SIMULTANEOUS LEG AND ARM/UPPER BODY TRAINER
MANUFACTURER PART NUMBER (MPN): RECK_300.000
| 8.00 |
| PR |
| __________________ |
| __________________ |
SELF-OPERATING FOOT HOLDERS PAIR VIVA2 L2
MANUFACTURER PART NUMBER (MPN): RECK_506.000
| 5.00 |
| PR |
| __________________ |
| __________________ |
LEG GUIDES WITH PLASTIC-COATED CALF SHELLS
MANUFACTURER PART NUMBER (MPN): RECK_303.000
| 6.00 |
| PR |
| __________________ |
| __________________ |
FOREARM SHELLS W/ARM CUFFS (PAIR) INCL. QUICK RELEASE CLIP SYSTEM FOR FOREARM SHELLS
MANUFACTURER PART NUMBER (MPN): RECK_556.206
| 1.00 |
| PR |
| __________________ |
| __________________ |
PEDAL RADIUS ADJUSTMENT; MUVI
MANUFACTURER PART NUMBER (MPN): RECK_305.000
| 6.00 |
| EA |
| __________________ |
| __________________ |
TOE STRAP, PAIR (DISINFECTING)
MANUFACTURER PART NUMBER (MPN): RECK_100.006.743
| 1.00 |
| EA |
| __________________ |
| __________________ |
HAND FIXATION MITTS ADULT ONE SIZE FITS MOST (SINGLE PATIENT USE) QTY 40
MANUFACTURER PART NUMBER (MPN): EM_02_562
| 3.00 |
| EA |
| __________________ |
| __________________ |
REHAMOVE2 CONTROL ARM AND LEG TRAINING (FOR USE WITH MOTOMED)
MANUFACTURER PART NUMBER (MPN): FES_01003
| 3.00 |
| SE |
| __________________ |
| __________________ |
ELECTRODES FLEX PLUS BLACK CARBON 2X2
MANUFACTURER PART NUMBER (MPN): ELECTRODE_FES2X2P
| 3.00 |
| SE |
| __________________ |
| __________________ |
ELECTRODES FLEX PLUS BLACK CARBON 2X4
MANUFACTURER PART NUMBER (MPN): ELECTRODE_FES2X4
| 3.00 |
| EA |
| __________________ |
| __________________ |
REHASTIM2 SOFTWARE UPGRADE SEQUENCE TRAINING
MANUFACTURER PART NUMBER (MPN): FES_01101
| 4.00 |
| EA |
| __________________ |
| __________________ |
RACK TO MOUNT STIMULATOR REHAMOVE2 CONTROL ON A MUVI
MANUFACTURER PART NUMBER (MPN): FES_01217
| 3.00 |
| EA |
| __________________ |
| __________________ |
EXTERNAL DOUBLE TRIGGER SWITCH REHASTIM2/REHAMOVE2
MANUFACTURER PART NUMBER (MPN): FES_01216
| 1.00 |
| EA |
| __________________ |
| __________________ |
ELECTRODE CABLE RIGHT (YELLOW) 4 CHANNEL REHASTIM2
MANUFACTURER PART NUMBER (MPN): FES_01188
| 1.00 |
| EA |
| __________________ |
| __________________ |
ELECTRODE CABLE LEFT (GREEN) 4 CHANNEL REHASTIM2
MANUFACTURER PART NUMBER (MPN): FES_01189
| 1.00 |
| EA |
| __________________ |
| __________________ |
TRAINING AND SETUP
MANUFACTURER PART NUMBER (MPN): TRAINSETUP_101
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| QUANTITY |
| DELIVERY DATE |
| 0001-0026 |
| SHIP TO: |
| James A. Haley VA Hospital |
Warehouse 13000 Bruce B. Downs Blvd.
Tampa, FL 33612 4798
USA
90 Days ARO
| MARK FOR: |
| Joseph J. Jr. McCarthy |
(813) 972-2000 x3671 Joseph.McCarthyJr@va.gov
B.4 STATEMENT OF NEED
Total Body Rehabilitation Exercise Equipment GENERAL: The Physical Therapy Department of Physical Medicine & Rehabilitation Service at the James A. Haley Veterans’ Hospital, 13000 Bruce B. Downs Blvd, Tampa, Florida 33612, has a need for Brand name or equal Rehabilitation Exercise Equipment “MotoMed Letto, MotoMed MUVI, MotoMed Viva 2, and MotoMed MUVI with FES,” for Tampa's Polytrauma Brain Injury Rehabilitation Program, Acute Care, Spinal Cord Injury, Community Living Center Rehabilitation Program, and Stroke Center of Excellence. The devices will allow for neuro-reeducation, motor recovery, and improved function following Traumatic Brain Injury (TBI), Spinal Cord Injury (SCI), stroke, and other diagnoses. This vital rehabilitation technology will aid in achieving motor recovery, improved functional independence, and cardiopulmonary health in rehabilitation accredited programs.
BACKGROUND AND PURPOSE: The total body rehabilitation technologies allow users to cycle either from a wheelchair, chair, or bed and allows for simultaneous whole-body training. The equipment utilizes functional electrical stimulation to assist muscle contraction during upper body or lower body ergometry and can be used for early mobilization of ICU patients while in bed. Benefits of using total body rehabilitation equipment include maintaining or recovering physical capabilities, reducing spasms, enhancing blood circulation, maintaining Range of Motion (ROM), and promoting bone density. Existing equipment in the clinics are antiquated, missing parts, and cumbersome for staff members to set up, falling short of meeting service members’ and veterans’ needs. Therefore, there is a need to purchase the newest available technology to treat patients with neurological/orthopedic injuries and illnesses in the aforementioned clinics.
SCOPE: JAHVH is requesting contractors provide Brand name or equal to MotoMed Equipment:
1. MotoMed Viva 2.
| 2. | MotoMed Letto 2 arm/leg. |
| 3. | MotoMed MUVI. |
| 4. | FES port/serial interface. |
| 5. | RehaMove 2 control arm and leg training. |
SPECIFIC NEED: Upper/lower extremity cycles that can be utilized from a wheelchair, chair, or bed and treat upper/lower extremity neurological/orthopedic deficits, with visual feedback that utilizes engaging games, graphics, and movies to increase compliance with exercise and activity. Must be appropriate to use with the following diagnoses:
· Stroke
· Multiple sclerosis (MS)
· Recovery from neurosurgical and/or orthopedic interventions
· Spinal cord injuries (SCI)
· Traumatic brain injury (TBI)
· Muscle diseases
· Parkinson’s disease and other movement disorders
· Deconditioning
· Neuropathies (e.g. Guillain-Barré syndrome) PHYSICAL/SALIENT CHARACTERISTICS: Equipment must have the physical characteristics to enable the government to perform the capabilities:
1. Vertical, horizontal, and radial adjustments
2. Tilting, rotating operating panel
3. Quick-release system
4. 12-inch, color screen
5. Ergonomic design
6. Made of durable and easy-to-clean materials
7. Easy-to-read and intuitive on-screen instructions
8. Updateable software
9. Interactive programming, including games and movies
10. Adjustable training schedules
11. Foot shells for easy foot insertion and patient independence
12. Easy to adjust between patients
13. Able to be utilized from varying power/manual wheelchairs We do have three (3) government owned existing units, manufacturer offers trade in discount to reduce the overall cost for new ones. Below is equipment for trade in and they are located in the SCI Rehabilitation Clinic - GA 004-38 Motomed Equipment Trade-In Serial #s:
1. X40-VM2-1055
2. T45-VM2-57
3. U38-VM2-55
DELIVERY: James A. Haley Veterans Hospital, 13000 Bruce B. Downs Blvd, Tampa, FL 33612; Building 38: Rm G004-38, Rm C239-38, Rm C333-38; Building 1: 2C-204; Building 30: Rm 2-212. All items to be delivered and or installed within 30-60 days of purchase order processing and order placement.
WARRANTY OF EQUIPMENT: Vendor will provide a minimum 1-year customer service and software updates for equipment.
SECTION C - CONTRACT CLAUSES
C.1 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)
The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.
(End of Clause) C.2 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)
(a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside.
(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.
(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.
(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.
(End of Clause)
C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001;
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause)
C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
| FAR Number |
| Title |
| Date |
| 52.212-4 |
| CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS |
| OCT 2018 |
| 52.212-5 |
| CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS |
| MAY 2019 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| JUL 2016 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| DEC 2013 |
| 852.203-70 |
| COMMERCIAL ADVERTISING |
| MAY 2018 |
| 852.246-71 |
| REJECTED GOODS |
| OCT 2018 |
(End of Clause)
SECTION E - SOLICITATION PROVISIONS
E.1 52.211-6 BRAND NAME OR EQUAL (AUG 1999)
(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.
(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must—
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;
(2) Clearly identify the item by—
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.
(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.
(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.
(End of Provision)
E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/);
(ii) Quick Search (http://quicksearch.dla.mil/);
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by?
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) [Reserved]
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of Provision)
GRAY MARKET LANGUAGE (MAY 2016)
The Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, OEM authorized distributor, or OEM authorized reseller for the proposed equipment/system such that the OEM warranty and service are provided and maintained by the OEM. All warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. The vendor shall provide new items ONLY; no remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty.
E.3 ADDENDUM TO FAR 52.212-2 EVALUATION FACTORS
The Government will award a Firm-Fixed Price contract to the responsible quoter using a comparative evaluation. The comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3). The government reserves the right to select a quotation that provides benefit to the government that exceeds the minimum but is not required to do so. Quoters are advised that quotation may exceed the requirements, but the government is not requesting or accepting alternate quotes; each response must respond to the solicitation requirement.
The government will apply the following comparative evaluation process as the basis for award:
Assess the direct comparison of one quote with another using a uniform and fair approach to determine which quote provides the government what it needs, where and when in accordance with the SON and this request for quote.
Once one quotation is found acceptable, it is compared to the remaining ones, and the “best” one is chosen for the best value to the government. Price, Technical equipment specifications, delivery and past performance will be evaluated.
The Government may rely on internal documentation including Contract Performance Assessment Reporting System (CPARS) and contracting officer’s knowledge of and previous experience with supply or service being acquired for determining Past Performance. If no record of past performance is found in CPARS, the contract shall not receive a favorable or unfavorable rating but shall receive a rating of neutral.
E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| JUL 2016 |
(End of Provision)
E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision— Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
Women-owned small business concern means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212–3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of…
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