36C24823Q1079_1.docx

Attachment #3 Limitations on Subcontracting (LOS) RFQ 36C24823Q1079

GENERAL INFORMATION

Network Contracting Office 8 (NCO 8) Room 315, Bldg. 2 10,000 Bay Pines Blvd Bay Pines FL 33744

POINT OF CONTACT*

Contract Specialist Janice Fornaro janice.fornaro@va.gov

PLACE OF PERFORMANCE

10,000 Bay Pines Boulevard

Bay Pines Florida

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Description - Contract Opportunities RFQ # 36C24823Q1079

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Department of Veterans Affairs, C.W. Bill Young VA Healthcare System, Contracting Office, Bay Pines, FL. 33744 has a need to purchase Brand Name Pyxis PHARMACY ES REFRIGERATOR as listed below on Attachment 1(Salient Characteristic/Item Schedule). The RFQ # is 36C24823Q1079.

The government anticipates making an award as a firm-fixed price contract resulting from this solicitation. This combined synopsis solicitation RFQ and the provisions and clauses incorporated are those in effect through Federal Acquisition Circular FAC 2023-02 (03/16/2023).

The North American Industrial Classification Code (NAICS) Code is 339113 the size standard is 750 Employees. The combined synopsis solicitation is: Service Disabled Veteran Owned Small Business Set-Aside. Note, offerors must be listed and registered in Sam.gov at time of quote submission to be considered for award. Additionally, Offerors must provide an Authorized Distributor Letter and a completed Limitation of Subcontracting with their quote if they are not the manufacturer.

Responses shall be on an all or none bases, no partial submissions will be accepted. New products only. The Government reserves the right to make no award at all. Quote must be valid for 60 days.

All quotes are due by Monday, May 08 2023, no later than (NLT) 10:00 AM Eastern Standard Time (EST) via e-mail to: janice.fornaro@va.gov. Offers received after the exact time specified in the solicitation are considered late and, may at the discretion of the Contracting Officer, be considered if the action would not unduly delay the acquisition or are deemed to be in the best interest of the Government. All questions or inquires must be submitted no later than Thursday, May 04, 2022; NLT 10:00 AM EST. Use 36C24823Q1079 in the subject line when emailing quotes and questions. Submit all questions to janice.fornaro@va.gov.

See attached document: ATCH 1 SCHEDULE/SALIENT CHARACTERISTICS/DELIVERY SCHEDULE AND JUSTIFICATION FOR BRAND NAME See attached document: ATCH 2 - CLAUSES AND PROVISIONS

See attached document: ATCH 3 - LIMITATIONS ON SUBCONTRACTING (must be completed by contractor at time of submission of quote)

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

Attachment #1 – Schedule/Statement of Need/Justification RFQ# 36C24823Q1079

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B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

137720-01 PyxisES Ref 5CF, RHG-3 Std Bin (Main Hospital - Ward 3D) - PYXIS BRAND NAME ONLY Contract Period: Base POP Begin: 05-12-2023 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 137720-01

LOCAL STOCK NUMBER: 137720-01

137718-01 PyxisES Ref 5CF,RHG-0 Bins, Ca (Main Hospital - Ward 5D) - PYXIS BRAND NAME ONLY

POP Begin: 05-12-2023 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 137718-01

LOCAL STOCK NUMBER: 137718-01

137560-01 PyxisES Ref 13CF, LHG-6 Std Bi (Main Hospital - MICU) - PYXIS BRAND NAME ONLY

POP Begin: 05-12-2023 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 137560-01

LOCAL STOCK NUMBER: 137560-01

137552-01 PyxisES Ref 13CF, RHG-6 Std Bi (Main Hospital - SICU) - PYXIS BRAND NAME ONLY

POP Begin: 05-12-2023 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 137552-01

LOCAL STOCK NUMBER: 137552-01

Monthly Support Fee - PYXIS BRAND NAME ONLY

POP Begin: 05-12-2023 POP End: 05-11-2024 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies MANUFACTURER PART NUMBER (MPN): None LOCAL STOCK NUMBER: None

139402-01 Dispensing Freight Fee (Federal) - PYXIS BRAND NAME ONLY

POP Begin: 05-12-2023 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 488510 - Freight Transportation Arrangement PRODUCT/SERVICE CODE: 8145 - Specialized Shipping and Storage Containers

MANUFACTURER PART NUMBER (MPN): 139402-01

LOCAL STOCK NUMBER: 139402-01

B.3 DELIVERY SCHEDULE

10,000 Bay Pines Boulevard Warehouse Building #110 Bay Pines, FL 33744

USA

727-398-6661

10,000 Bay Pines Boulevard Warehouse Building #110 Bay Pines, FL 33744

USA

10,000 Bay Pines Boulevard Warehouse Building #110 Bay Pines, FL 33744

USA

10,000 Bay Pines Boulevard Warehouse Building #110 Bay Pines, FL 33744

USA

10,000 Bay Pines Boulevard Warehouse Building #110 Bay Pines, FL 33744

USA

10,000 Bay Pines Boulevard Warehouse Building #110 Bay Pines, FL 33744

USA

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STATEMENT OF NEED

PYXIS EQUIPMENT

***BRAND NAME ONLY***

GENERAL: C.W. Bill Young Veterans’ Hospital, 10,000 Bay Pines Boulevard; Bay Pines, Florida 33744 has a requirement for Pyxis - Automated Dispensing Equipment as described below.

BACKGROUND: The Bay Pines Veterans Administration Medical Center (VAMC) campus utilizes the Pyxis - Automated Dispensing Equipment to maintain and dispense all medications for the Main Hospital. Bay Pines VAMC is seeking to purchase additional Pyxis ES Refrigerator equipment. Bay Pines require Pyxis equipment for support under the same practices and policies as the current Pyxis equipment.

SCOPE: In order to provide the same level of care, workflow practices, and policies pertaining to the current system used by the Bay Pines VAMC locations, the purchase of the automated dispensing system must integrate fully with the current Pyxis equipment and match existing equipment.

STATEMENT OF NEED:

1. The contractor shall provide all hardware, tools, or supplies necessary for the configuration, installation, and implementation training for this procurement.

2. Pertaining to “Controlled Substances,” the equipment under the purchase agreement the contractor must follow the mandatory guidelines in the VHA Directive 1108.1 and SOP 516-119-002

3. The vendor will deliver the equipment to the Bay Pines VAMC Pharmacy at the following address:

10,000 Bay Pines Boulevard, Bay Pines, Florida 33744; Warehouse Building# 110.

4. The purchased equipment must interface with the Veteran Health Information Systems and Technology Architecture (VistA).

5. The contractor will provide implementation training to the Bay Pines VAMC Pharmacy/Nursing staff at the site of installation(s) at the Bay Pines campus. These four (4) clinical areas are the MICU, SICU, 3D, and the Anesthesia area.

6. The contractor will ensure all Preventative Maintenance and/or Updates are current on the device at the point of installation that may have been issued since the device was manufactured and shipped.

7. The contractor will provide to the pharmacy point of contact (POC) all engineering documentation, including but not limited to, mechanical drawings, electrical/wiring diagrams, and support system layouts.

SALIENT CHARACTERISTICS:

1. The equipment will be fully operational and functioning at the same degree as our current Pyxis Medstations, Anesthesia Carts, and Remote Managers at the Bay Pines VAMC location.

2. The equipment must be sufficient to reduce the time spent by personnel inventorying-controlled substances.

3. The equipment must support the efficient and timely re-supplying of medications with enhanced medication security, and state of the art-controlled substance accountability.

4. The equipment must provide quick access to first doses for stat medication orders.

BRAND NAME PARTS/SERVICE REQUIRED:

i. 137720-01 PyxisES Ref 5CF, RHG-3 Std Bin

ii. 137718-01 PyxisES Ref 5CF, RHG-0 Bins, Ca

iii. 137560-01 PyxisES Ref 13CF, LHG-6 Std Bi

iv. 137552-01 PyxisES Ref 13CF, RHG-6 Std Bi

v. 139402-01 Dispensing Freight Fee (Federal)

vi. 12 Months Support

SOFTWARE: N/A

TRAINING: Contractor is to provide a one-time implementation training at installation of equipment.

WARRANTY OF EQUIPMENT: Government requirement for standard manufacturer industry warranty term. Government does not accept extended warranty, which requires advance payment.

DELIVERY SCHEDULE: All items to be delivered no later than 09/11/2023.

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards IAW FAR 13.106-1 For Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K)

***Brand Name Only***

Acquisition Plan Action ID: 36C248-23-AP-4000

1. Contracting Activity: Department of Veterans Affairs, VISN 08, Bay Pines Medical Center located at C.W. Bill Young VAMC 10,000 Bay Pines Blvd. Bay Pines, FL 33744, Funding: 516-23-3-213-0213

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount:

Bay Pines Veterans Administration Medical Center (VAMC) has a need to purchase four (4) Pyxis ES Refrigerators. The current refrigerators are being replaced due to end of lifecycle for existing Refrigerators in clinical areas, MICU, SICU, 3D, and the Anesthesia area.

REF 139402-01 Dispensing Freight Fee (Federal) REF 137720-01 PyxisES Ref 5CF, RHG-3 Std Bin REF 137718-01 PyxisES Ref 5CF,RHG-0 Bins, Ca REF 137560-01 PyxisES Ref 13CF, LHG-6 Std Bi REF 137552-01 PyxisES Ref 13CF, RHG-6 Std Bi 12 Months Support

TOTAL COST: $_______________

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

CareFusion Solutions, LLC, a wholly owned subsidiary of Becton Dickenson and Company (BD) and is the exclusive manufacturer and provider of Pyxis products. The Bay Pines VAHCS pharmacy and Lee County Healthcare Clinic pharmacy have recently purchased Pyxis Equipment to manage and secure medication. This system was purchased and awarded to Four Points Technology, LLC (SDVOSB) through competition on 09/26/2018 in the amount of $4,299,918.04, contract # VA248-17-F-3233 for both the Bay Pines and Lee County locations.

End of lifecycle replacement for Refrigerators in MICU, SICU, 3D, and Anesthesia must be fully operational and functioning at the same degree as our current Pyxis Medstations, Anesthesia Carts and Remote Managers, at the Bay Pines VAMC location. To provide the same level of care, workflow practices, and policies pertaining to the current system used by the Bay Pines VAMC locations, the purchase of the automated dispensing system must integrate fully with the current Pyxis equipment.

CareFusion Solutions, LLC is the only company capable of performing the requirement, however they have two service-disabled veteran owned small businesses (SDVOSB’s) that are authorized distributors of their products on the open market.

4. Description of market research conducted and results or statement why it was not conducted:

Based on the market research conducted, only one manufacturer, CareFusion Solutions, LLC, can provide this equipment to match the existing Pyxis system. This is a follow-on to the existing system.

Market research reveals that CareFusion has at least two SDVOSB’s are authorized distributors that can provide these refrigerators. This requirement will be solicited brand name only, competed on Contracting Opportunities among two SDVOSBs to achieve a fair and reasonable price.

5. Contracting Officer's Certification: Purchase is approved in accordance with FAR13.106-1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

36C24823Q1079 Contracting Officer

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CLAUSES

Provision 52.212-1, Instructions to Offerors – Commercial (Oct 2018), applies to this acquisition.

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

52.212-3 Offeror Representation and Certification – Commercial Items (NOV 2021) with their offer. Provision at 52.212-3 Offeror Representation and Certification can be accessed electronically at the following web address: http://www.acquisition.gov/far/index.html

Clause 52.212-4, Contract Terms and Conditions - Commercial Items (NOV 2021), applies to this acquisition.

Clause 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders—Commercial Items (JAN 2022) applies to this acquisition.

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C.

657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219-9.

[X] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[] (22) 52.219-28, Post Award Small Business Program Representation (SEP 2021) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (SEP 2021) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2022) (E.O.

13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (29) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (31) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026, in solicitations and contracts that include the clause at 52.222-6, Construction Wage Rate Requirements, or 52.222-41, Service Contract Labor Standards, where work is to be performed, in whole or in part, in the United States.

[] Employment Eligibility Verification (NOV 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (34) 52.222-54, Employment Eligibility Verification (NOV 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020)(42 U.S.C.

8259b).

[] (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

[X] (41) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (JAN 2021) of 52.225-3.

[] (iii) Alternate II (JAN 2021) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (43) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (FEB 2021) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (NOV 2021) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[] (49) 52.232-30, Installment Payments for Commercial Items (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

[] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[x] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022) (Executive Order 13658).

[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(End of Clause)

Statement regarding any Additional Provisions and Clauses, or other terms and conditions important to the requirement/procurement process consistent with commercial practices:

Provisions in full text:

52.225-18 Place of Manufacture (AUG 2018).

(a) Definitions. As used in this clause— “Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) FPSC 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.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) [] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [] Outside the United States.

(End of provision)

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/

(End of provision)

852.252-70 Solicitation provisions or clauses incorporated by reference (JAN 2008). The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

FAR 12.207 - This will be a Firm Fixed Price Contract.

(End of provision)

Provisions incorporated by reference are:

· 52.203-11 Certification and Disclosure regarding payments to Influence Certain Federal Transactions (SEP 2007);

· 52.204-7 System for Award Management (OCT 2018)

· 52.204-17 Ownership or Control of Offeror (AUG 2020)

· 52.204-26 - Covered Telecommunications Equipment or Services-Representation (OCT 2020)

· 52.211-6 Brand Name or Equal (AUG 1999)

· 52.212-1 Instructions to Offerors – Commercial Items (NOV 2021);

Clauses in Full Text:

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):

(End of Clause) http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of clause) Clauses Incorporated by Reference:

· 52.204-13 System for Award Management Maintenance (OCT 2018)

· 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

· 52.204-23 - Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)

· 52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

· 52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

· 52.222-20 Contracts for materials, supplies, articles, and equipment exceeding $15,000.00 (JUN 2020);

· 52.232-1 Payments (APR 1984);

· 52.232-8 Discounts for prompt payment (FEB 2002);

· 52.243-1 Changes –Fixed Price (AUG 1987);

· 852.203-70 Commercial Advertising (MAY 2020);

· 852.246-71 Inspection (OCT 2018)

Provision 52.212-2, Evaluation – Commercial Items (NOV 2021), applies to this acquisition.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers: Price only. The Government has determined in advance that the Best Value will be the offer with the lowest evaluated price among those offers rated.

(b) Additional Instructions to offerors concerning Grey Market items- The VHA (Veterans Health Administration) will not accept “Grey Market Goods”.

Grey market goods are defined as: Gray Market Goods also known as parallel market, is the trade of a commodity through distribution channels which, while legal, are unofficial, unauthorized, or unintended by the original manufacturer.

Products that are purchased outside of our authorized distributor network on the gray market generate a number of concerns such as: counterfeit or adulterated devices, inadequate storage conditions, tracking issues in case of a recall, loss of warrantee, and most importantly patient safety. In some instances, unauthorized distributors procure products from an authorized distributor for resale.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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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: _______________ (End of Clause)

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