36C24823Q0709.docx

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

Network Contracting Office 8 (NCO 8) West Palm Beach VA Medical Center 7305 North Military Trail Palm Beach Gardens FL 33410-6400

POINT OF CONTACT*

Contract Specialist Melissa Everett melissa.everett@va.gov 561-628-6754

PLACE OF PERFORMANCE

Miami Veterans Healthcare System

1201 Northwest 16th Street

Miami FL

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 dated February 14, 2023.

This solicitation is set aside for Service-Disabled Veteran Owned Small Business (SDVOSB) .

The posting in SAM reflects the 2022 North American Industrial Classification System (NAICS) code 335132, however, VAAM Part M819 instructs procurement activities to continue using NAICS 2017 codes until SBA’s small business size standards have been updated to NAICS 2022. Therefore, the associated 2017 NAICS for this procurement is 335122 - Commercial, Industrial, and Institutional Electric Lighting Fixture Manufacturing, (as noted on the Non-manufacturer rule class waiver list Effective Jun 1, 2022) with a small business size standard of 500 employees. The FSC/PSC is 6210.

The Bruce W. Carter VA Medical Center - Miami Veterans Healthcare System - 1201 Northwest 16th Street - Miami, FL 33125-1624 is seeking to purchase Commercial Light Fixtures with accessories and installation.

This is a Brand Name or Equal Requirement in accordance with FAR 52.211-6. Any “or equal” response shall include manufacturer plus parts list, along with details on how such item(s) match or exceed the salient characteristics. Responses shall be on an all or none basis, no partial submission. The Government reserves the right to make no award at all.

See Attachment: LIMITATIONS ON SUBCONTRACTING (must be completed by contractor at time of submission of quote)

All interested companies shall provide quotations for the following:

Supplies/Services Price Cost Schedule

Line Item

Description

QTY

Unit

Unit Price

Total Price

(BRAND NAME OR EQUAL TO STRYKER PART # P46714)

Grand Total

The following salient characteristics are required to meet the needs of the government.

Salient Characteristics *** Brand Name or Equal to Stryker SLX LED Surgical Lights ***

· The surgical unit must utilize Precision Beam Technology, producing up to 650 overlapping beams of light delivering a homogenous column of light while minimizing shadows regardless of how crowded the surgical field is, thus providing maximum brightness to the surgical field.

· The 75cm light head diameter with 104 LEDs must provide 160,000 lux illumination level at all color temperatures for maximum brightness.

· The unit must provide maximum depth of illumination of 120cm and maximum light field diameter of 29cm that allows end user to set the light at the start of a case and keep the surgical site well-lit without adjusting.

· The surgical lights must be capable of complete platform integration that meet the requirement of a unified solution when connected to the current in light camera and Stryker integration system utilized at the Bruce W. Carter VAMC operating rooms for complete control from the touch panel or voice.

· The surgical lights must also be compatible with the current suspension in each operating room, thus not requiring the additional cost of new suspension or the shutdown of any operating room for an extended amount of time.

Delivery shall be provided no later than 60 days after receipt of order (ARO) FOB Destination.

Installation Location is Separate and Different from the Ship To Address. Miami Veterans Healthcare System will be responsible for the transfer of the hardware to be moved from Place of Delivery to the Place of Performance/Installation.

Place of Delivery

Chain Management Warehouse 6725 NW 36th Ave, Suite 695 Miami, FL

Place of Place of Performance/Installation

Miami Veterans Healthcare System 1201 Northwest 16th Street Miami, FL

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far.

The following solicitation provisions apply to this acquisition:

· FAR 52.211-6, “Brand Name or Equal”

· FAR 52.212-1, “Instructions to Offerors—Commercial Products and Commercial Services”

· FAR 52.212-3, “Offeror Representations and Certifications—Commercial Products and Commercial Services”

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offeror Representations and Certifications—Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions–Products and Commercial Services” (Dec 2022)

· FAR 52.212-5, “Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.” (Dec 2022)

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 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services

Gray market items are Original Equipment Manufacturer (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.

Offeror 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.

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.

Offerors providing an “or equal” product(s) must adhere to the terms in FAR 52.211-6. 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 or exceed are specified in the solicitation. 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-

a. Brand name, if any and

b. 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 modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

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. 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

Any award made as a result of this solicitation will be made on an All or Nothing Basis.

State if quoted items are available and priced through offerors existing Government-wide Acquisition Contract (GWAC), GSA Multiple Award Schedule (MAS) contract, or VA- wide Acquisition Contract.

If the acquisition is set-aside for SDVOSBs/VOSBs, their socioeconomic status must be VIP verified and visible in the VA Vendor Information Pages (VIP): https://www.vip.vetbiz.gov/ at the time of quote submission AND award, or will be considered non-responsive, and will NOT be considered for award.

Offerors are warned against contacting any VA personnel other than the Contracting Officer and Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations.

All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments, or the like, not specifically required by this solicitation, such will count against the Offeror’s page limitations unless otherwise indicated in the specific volume instructions below.

All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote.

(End of Addendum to 52.212-1)

All quoters shall submit the following:

1. The name, address, and telephone number of the vendor.

2. Tax Identification Number (TIN)

3. SAM UEI Number / DUNS Number / Cage Code

4. Point of Contact for submission of orders if awarded a contract

5. Authorized Distributor Letter certified by OEM if the offeror is not the manufacturer

6. Quoted price shall include delivery

Please submit with your quote the following information:

1) Original Equipment Manufacturers (OEM) Name

2) OEM DUNS and UEI numbers

3) OEM Country of Origin

4) OEM Part Number

The attached VAAR 852.219-76 (Limitations on Subcontracting) must be completed and provided with the quote.

All quotes shall be sent to the following email address: melissa.everett@va.gov .

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

The following are the decision factors:

ADDENDUM to 52.212-2 Evaluation—Commercial Products and Commercial Services

Basis for Award. The Government will issue a purchase order to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate quotations:

1. Technical capability or quality of the item offered to meet the Government requirement

2. Price

Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2(b)(3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

Factor 1 Technical capability or quality of the item offered to meet the Government requirement: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

Factor 2 Price: The Government will evaluate the price by adding the total of all line item prices. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement, as stated in Factor 1, shall not be selected regardless of price.

(End of Addendum to 52.212-2)

The award will be made to the response most advantageous to the Government.

Responses should contain your best terms, conditions.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Submission of your response shall be received not later than 4:00 PM Eastern Standard Time (EST) on March 22, 2023, at melissa.everett@va.gov and shall reference RFQ 36C24823Q0709 Commercial Light Fixtures in the subject of the email.

Any questions or concerns regarding this solicitation shall be forwarded in writing via e-mail to the Point of Contact listed below by 1:00 PM Eastern Standard Time (EST) on March 14, 2023.

Point of Contact Contract Specialist Melissa Everett melissa.everett@va.gov

VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIPlisted SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).] b If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(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.

(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18. (b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(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: ____________________________________________________________

See attached document: Attachment - VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS 02.

Combined Synopsis/Solicitation Notice