36C24C19Q0033-0006000.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 10-09-2019 None Department of Veterans Affairs VAMC Manchester 718 Smyth Road Manchester

NH

03104 Department of Veterans Affairs VAMC Manchester 718 Smyth Road Manchester

NH

03104 To all Offerors/Bidders

36C24C19Q0033 06-20-2019

X

The purpose of Amendment 0006 is to provide an update to this RFQ and to respond to the questions and answers submitted to this RFQ.

This extends the due date to receive quotations.

The due date has changed from 10/15/2019 to 10/25/2019 4:00PM EST.

All other terms and conditions remain the same.

Carol Domingue Contracting Officer RFQ Amendment Changes – Emergency Supplies The purpose of Amendment 0006 is to provide an update to this RFQ and to respond to the questions and answers submitted to this RFQ.

NOTE: The period for submitting any additional questions has closed and VA will not address any additional questions. However, this amendment includes answers to questions received by deadline for questions stated in the SF-1449 of the original solicitation.

1. Updated Statement of Work (SOW) to remove reference to “2.0” and updated language for clarification purposes.

2. SOW Appendix B: Product Categories removes language stating the number of Product Categories and provides an updated list of anticipated Product Category solicitations.

3. C.1. VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (JUL 2019) (DEVIATION) language is revised to:

1. State that offers are solicited only from eligible SDVOSBs;

2. Clarify that only VIP-listed SDVOSBs are considered eligible and/or “similarly situated”;

3. Clarify that awards include orders under multiple-award contracts;

4. Clarify that an independent contractor shall be considered a subcontractor;

5. Update the SBA Title 13 CFR reference citations and requirement to comply with SBA regulations pertaining to limitations on subcontracting and the nonmanufacturer rule;

6. Make other changes to comport with current SBA terminology;

7. Clarify that the limitations on subcontracting requirements and the nonmanufacturer rule apply to all VA SDVOSB set-aside or sole source contracts; and

8. Make other administrative and technical changes described in the sections included in this deviation.

4. C2. VAAR 852.219-11, VA Notice of Total Veteran-Owned Small Business Set-Aside (JUL 2019) (DEVIATION) language is revised to:

1. State that offers are solicited only from eligible VOSBs;

2. Clarify references to SDVOSB/VOSB concerns;

3. Clarify that only VIP-listed SDVOSBs/VOSBs are considered eligible and/or “similarly situated;”

4. Clarify that awards include orders under multiple-award contracts;

5. Clarify that an independent contractor shall be considered a subcontractor;

6. Update the SBA Title 13 CFR reference citations and requirement to comply with SBA regulations pertaining to limitations on subcontracting and the nonmanufacturer rule; and

7. Clarify that the limitations on subcontracting requirements and the nonmanufacturer rule apply to all VA VOSB set-aside or sole source contracts.

5. Addendum to FAR 52.212-1 Instructions to Offerors – Replaced by the attached. Notably, previous “Volume” language was removed and replaced with new language for clarification purposes, which includes:

RFQ submissions shall include a completed SF-1449, Quote Sheet (Attachment B), and all relevant award documents (e.g. Authorized Distribution Letter, Small Business Certification, etc.) All documents shall follow the same file naming standard, RFQ Number, company name, and then artifact. For example: “36C24C19Q0033-Company Name-Quote Sheet.”

6. 52.212-2 Evaluation—Commercial Items (OCT 2014) (Tailored) is attached. It was updated to provided clarity on the evaluation tiers. In part, it read as follows:

This procurement is set-aside according to the order of priority for contracting preferences as established in 38 U.S.C. § 8127 and includes a tiered evaluation approach pursuant to VA Procurement Policy Memorandum (PPM 2018-04) (Attachment A):

(a) The Government will award a BPA resulting from this solicitation to the responsible Offeror whose quote conforming to the solicitation provides the best value to the Government, price considered. If no quotes were submitted by SDVOSB concerns, or if none of the quotes would result in award at a fair and reasonable price that offers best value to the Government, then the SDVOSB set-aside will be withdrawn and the agency will review quotes from the next tier.

(b) If no quotes were submitted by VOSB concerns, or if none of the quotes would result in award at a fair and reasonable price that offers best value to the Government, then the VOSB set-aside will be withdrawn and the agency will review quotes from the next tier.

(c) Within the small business tier, the Government will afford a preference to HUBZone small business concerns and 8(a) participants. If no quotes were submitted by HUBZone small business concerns or 8(a) participants, or if none of the quotes would result in award at a fair and reasonable price that offers best value to the Government, then the Government will review quotes from other small business concerns. If no quotes were submitted by small business concerns, or if none of the quotes would result in award at a fair and reasonable price that offers best value to the Government, then the Government will review quotes from the next tier.

(d) If no quotes were submitted by large business (i.e. unrestricted) concerns, or if none of the quotes would result in award at a fair and reasonable price that offers best value to the Government, then the solicitation may be cancelled, and the requirement resolicited.

The evaluation section also was revised to clarify how the information submitted by Offerors pursuant to the Instructions to Offerors will be used to establish the technical criteria.

7. Attachment B – ONLY USE THE QUOTE SHEET VERSION PROVIDED IN THIS AMENDMENT. Quote sheets were updated to include clearer instructions to Offerors about how to completely fill out the Quoted Supplies tab within the quote sheet and ensure that there are no errors when submitting the completed quote sheet. The Quoted Supplies tab header was updated to provide clearer, real time feedback and alerts to the Offeror when data is entered in incorrectly. This will reduce the need to have Offerors provide quote sheet clarifications after submission. If a supply is manufactured in multiple countries, the Offeror shall select the preponderant manufacturing country of that item.

Historical sales data is provided for reference purposes and should not be considered an exact amount, nor should Offerors be “cross-walking” these items for potential replacement. The intent of this solicitation is to increase medical/surgical item availability that meets the requirements of VA clinicians. Offerors are welcome to submit all items that fall in the scope of this RFQ's category description (see Attachment B, Historical data tab) that they are authorized to sell by the OEM, excluding any items already covered under the AbilityOne Procurement List

Each item should be entered as a new row on the Quoted Sheet tab in Attachment B. For supplies that Offerors believes are incorrectly described in the historical data tab, Offerors are welcome to provide the supplies under the name and number they believe are correct. All supplies quoted will be evaluated.

8. MSPV Supply Solicitation Questions and Answers Spreadsheet – Industry questions received by the deadline specified in each solicitation were reviewed by the Government. For transparency and ease of use, questions were consolidated across multiple solicitations into a single document. Duplicate questions or questions similar in terms were consolidated and responded to accordingly.

B.2 STATEMENT OF WORK

Background A. Background

1. The U.S. Department of Veterans Affairs (VA), Veterans Health Administration (VHA) manages the United States’ largest integrated healthcare system, providing care at 1,243 healthcare facilities, including 172 medical centers and 1,062 outpatient sites of care of varying complexity (VHA outpatient clinics), serving approximately 9 million enrolled Veterans each year. The healthcare system receives the majority of medical and surgical supply support through the Medical/Surgical Prime Vendor (MSPV) program.

2. MSPV will utilize Prime Vendor (PV) contracts for distribution and supply management services. Facilities will order from the MSPV Product List, which will be formed by awarding Blanket Purchase Agreements (BPA) to Original Equipment Manufacturers (OEM), suppliers, and authorized resellers of medical/surgical supplies (referred to as “Authorized Suppliers” herein).

a. Any suppliers and resellers who participate in MSPV must be authorized to provide the supplies by the OEM. An Authorized Distributor Letter from the manufacturer shall be included with the response. See Section III.A Supply Services for additional parameters.

3. This procurement will establish multiple BPAs in direct support of the MSPV Program. This procurement is a key element in the success of the program as the BPAs will provide the mechanism that will supply an estimated 49,000 medical/surgical supplies for distribution to VHA facilities located in the United States (US) and US Territories and Other Government Agencies (OGAs) as identified by VA (referred to as “facilities” herein). The MSPV Product List will include all supplies awarded under BPAs.

B. Scope

1. The objective of this procurement is to establish BPAs for Emergency Medical Supplies, medical/surgical supplies for nationwide usage. VHA aims to ensure availability and consistency of medical/surgical supplies and to obtain volume-based, standardized pricing. VHA desires to continue the practice of achieving cost avoidance while simultaneously balancing clinician considerations for obtaining quality medical/surgical supplies.

2. The response to this solicitation will include proposed pricing for medical/surgical supplies the Offeror wishes to provide to the government that are aligned to Emergency Medical Supplies. Supplies aligned to this category, and product descriptions, can be found in EMS MSPV Quote Sheet OpenMarket v4.1. Offerors may propose supplies from their respective catalogs they wish to provide to the government that fit within the scope of the respective product category, excluding any supplies already covered under the AbilityOne Procurement List. For a proposed supply item, for which the government has received multiple quotes across multiple product categories, the government will make the determination of a single product category for evaluation and award. Only supplies proposed under that product category will be evaluated and considered for award. Offerors are encouraged to submit quotes across all applicable categories to ensure their quotes are evaluated in the correct category.

3. An open market BPA will be established between the Authorized Supplier and the government under the terms and conditions incorporated in this BPA. This BPA does not obligate any funds and there is no obligation for the Government to purchase orders against this BPA.

4. Covered medical/surgical supplies eligible for order under MSPV are defined as medical, surgical, dental, and laboratory supplies excluding supplies already covered under the AbilityOne Procurement List.

5. Awards will be modified as additional supplies move through the evaluation process.

6. This BPA shall be administered by the VHA Office of Procurement and its assigned Contracting Officer(s) (CO).

C. Federal Acquisition Regulation (FAR) Requirements under FAR 13.303-3

1. Extent of Obligation: It is contemplated that purchases for medical/surgical supplies will be placed through the PVs.

2. Purchase Limitation: Purchases for medical/surgical supplies will be placed with the PVs. Although there are currently no plans for the government to order against this BPA, if that occurs, there is a $500,000 individual order limitation.

3. Individuals Authorized to Purchase Under the BPA: Purchases for medical/surgical supplies will be placed through the PVs. Should it be necessary for the government to order against this BPA a list of authorized individuals will be provided.

4. Delivery Tickets: Purchases for medical/surgical supplies will be placed through the PVs. Should it be necessary for the government to order against this BPA, the delivery tickets or sales slips shall contain the minimum information outlined in FAR 13.303-3(a)(5).

5. Invoices: It is contemplated that purchases for medical/surgical supplies will be placed through the PVs.

D. Type of Contract

1. BPAs will be awarded under this Statement of Work (SOW) will have a total Period of Performance (POP) not to exceed 60 months.

2. This BPA does not obligate any funds.

3. An annual review of all BPAs will be conducted by the government to include a review of terms, conditions, and pricing.

4. The Government reserves the right to cancel or terminate a BPA.

MSPV Business Processes E. Commercial Agreements

1. The Authorized Supplier awardee is required to enter into a commercial agreement with all awarded PVs, who will provide national distribution and supply management services to facilities, in order to participate in MSPV. The commercial agreement will govern the terms and conditions of the PV and Authorized Supplier relationship and will not contradict the underlying terms and conditions established by this BPA or the underlying PV contracts. Failure to comply with the terms of this BPA, including provisions related to commercial agreements, will be considered cause for cancellation of the BPA. Authorized suppliers may also want to consider pursuing a Distribution and Pricing Agreement (DAPA) with Defense Logistics Agency (DLA) to support VAMCs supported by DLA.

2. If the Authorized Supplier is awarded a BPA prior to the award of the PV contracts, the Authorized Suppliers and PVs are required to form commercial agreements within 60-calendar days from the award of the PV contracts. If the Authorized Supplier is awarded a BPA after the award of the PV contracts, the supplies offered by the respective Authorized Supplier will be released on an updated MSPV Product List. An updated MSPV Product List will be released every 30-calendar days. PVs and Authorized Suppliers are required to form commercial agreements within 60-calendar days of the respective MSPV Product List release.

3. If Authorized Suppliers are awarded BPAs prior to the award of the PV contracts for MSPV, the government will notify Authorized Suppliers of the names of PVs as soon as possible to enable formation of commercial agreements.

4. Authorized Suppliers are responsible for establishing commercial agreements. Either PVs or Authorized Suppliers may initiate a commercial agreement. The terms and conditions outlined in the commercial agreement must be mutually agreed-upon by both parties. Once a commercial agreement is established between an Authorized Supplier and a PV, the Authorized Supplier will notify the VHA Office of Procurement via email to vhavamspvsupcontroff@va.gov and include the name of the Authorized Supplier and the PV. One email may contain details on multiple commercial agreements.

5. The commercial agreements prescribed in this section are solely between the PV and VHA Authorized Suppliers and do not involve the Government as a responsible party.

F. Pricing

1. Supply pricing established in BPAs between the Authorized Supplier and the government will be made available to PVs; PVs will use this exact price plus the distribution fees agreed upon between the PV and VA to invoice VA for PV distribution and supply management services.

2. The Authorized Supplier BPA-holder shall not charge the PV awardees more than the prices set forth in the BPA.

3. All quotes provided by the Authorized Supplier as part of the solicitation response shall remain valid for 180 calendar days after close of the solicitation.

4. The BPA unit of measure data field for each individual line item approved for inclusion in MSPV (case, box, each, vial, etc.) represents the shipper quantity that the BPA holder agrees to sell to any PV for the purpose of distribution to facilities. All BPA prices are Free on Board (FOB) Destination. Therefore, the BPA price shall include all attendant order processing, materiel handling, and transportation costs incurred by the BPA holder. BPA holders are not authorized to unilaterally assess added handling and freight charges against the servicing PV unless there is an emergency request and the customer agrees to incur and pay separately the additional delivery charges.

G. BPA Modification

1. BPAs can be modified for Supply Recall, Policy Changes, Price Changes, Supply Additions and/or Removals. All modifications will be based on Government needs.

2. Supply Recall and Policy Changes:

a. A BPA modification shall be made for any supply recall or policy change that applies to a supply on a BPA under this solicitation. Such instances may include, but are not limited to, a supply that is removed or recalled by the Authorized Supplier or manufacturer due to defects in the supply or potential dangers to patients, or if any required modification, removal or recall is suggested or mandated by a regulatory or official agency (e.g., FDA).

b. BPA modifications for recall or policy change will happen on an infrequent, as needed basis.

3. Price Changes:

a. The BPA holder or the government can additionally initiate a price increase or reduction on supplies under this BPA to result in a modification.

b. BPA modifications for price will be made on a quarterly basis.

c. The BPA holder may request changes to BPA pricing by contacting the respective CO for this BPA or by sending an email to vhavamspvsupcontroff@va.gov.

4. Supply Addition or Removal: BPAs may also be modified to add or remove supplies from the MSPV Product List.

a. New supplies may be proposed to the government at the discretion of Authorized Suppliers. Any new supplies proposed must be vetted and reviewed by the appropriate clinical Integrated Product Team (IPT) when they have availability. Any new supplies proposed must fit within the scope of the PV Program and the respective product category. The government will make the final determination as to whether a supply is within scope.

b. Supply additions may be initiated by sending an email to vhavamspvsupcontroff@va.gov.

c. If a supply is no longer available, it shall be immediately removed from the MSPV Product List.

d. BPA modifications reflecting supply additions and removals will occur on a quarterly basis.

5. The MSPV Product List will be updated to reflect changes after BPA modifications are complete.

6. All regulatory requirements applicable to the original BPA will apply to any change/modification.

7. The BPA holder may request modifications by contacting the respective CO for this BPA or by sending an email to vhavamspvsupcontroff@va.gov.

8. If any of the BPA holder's responses to the required representations/certifications change at any time after the BPA has been approved, the BPA holder shall immediately submit an email outlining these changes to the respective CO for this BPA or by sending an email to vhavamspvsupcontroff@va.gov.

9. If any supply awarded under this solicitation requires modification, is removed or recalled by the Authorized Supplier or manufacturer due to defects in the supply or potential dangers to patients, or if any required modification, removal or recall is suggested or mandated by a regulatory or official agency, the Authorized Supplier will notify the CO or by sending an email to vhavamspvsupcontroff@va.gov and the MSPV Program Manager Brian Streaty, Email Brian.Streaty@va.gov in writing, by the most expeditious manner possible. The notification shall include, but not be limited to the following:

a. Complete supply description and/or identification, call numbers from customers, and the BPA line item number assigned.

b. Reasons for modification(s), removal or recall.

c. Necessary instructions for return for credit, replacement or corrective action.

10. A copy of the modification notification described above shall additionally be provided to:

Manager, Product Recall Office National Center for Patient Safety Veterans Health Administration 24 Frank Lloyd Wright Drive, Lobby M Ann Arbor, MI 48106

11. The Authorized Supplier shall additionally provide the information above to all PVs participating in MSPV.

H. Data Transmission

1. The Authorized Supplier must ensure that data transmission method and format to PVs are through any system that conforms to the X12 Electronic Data Interchange (EDI) v5010 formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI website http://www.x12.org) includes additional information on EDI 810 and 811 formats.

a. EDI is the computer-to-computer exchange of business documents in a standard electronic format between business partners. By moving from a paper-based exchange of business document to one that is electronic, VHA receives benefits such as reduced cost, increased processing speed, reduced errors and improved relationships with business partners. Electronic format means an automated system transmitting information electronically according to accepted data transmissions using a system that conforms to the X12 EDI formats established by the ASC chartered by ANSI. For more information see the X12 EDI Web site (http://www.x12.org).

Work Requirements I. Supply Requirements

1. The Authorized Supplier shall provide an uninterrupted supply and delivery of medical/surgical supplies to all PVs participating in MSPV at an enterprise/nationwide level (reference Appendix C: Veterans Integrated Services Networks (VISNs)).

2. Medical/surgical supplies are those that are involved in the diagnosis and treatment of disease and the maintenance of health (usually through nonsurgical means). They are characterized as one or more of the following:

a. Primarily and customarily used to serve a medical purpose

b. Generally, not useful to a person in the absence of illness or injury

c. Usually ordered and/or prescribed by a physician and/or a health care professional

d. Medical supplies utilized in conjunction with durable medical equipment are included if the supplies are necessary for the function of the equipment

3. Surgical supplies are those involved with the branch of medicine which generally treats disease or injury by operative intervention (physical means rather than drugs); i.e., operations requiring access to the inside of the body as well as manipulation from outside the body.

4. If the potential Authorized Supplier is not the OEM, the Authorized Supplier must provide an Authorized Distributor Letter from the OEM signed within the last 90 days. The Authorized Distributor Letter from the OEM shall include for each product(s) proposed authorizing the Offeror as a distributor for the proposed product(s). The letter must either state specific product(s) proposed or that the Offeror is an authorized distributor for all of the manufacturer’s products. This letter must be on the manufacturer’s letterhead and contain the signature of an authorized official for the manufacturer and cover the duration of the BPA. The Authorized Supplier shall maintain its Authorized Distributor status of all manufacturers and distributors of supplies throughout the life of this agreement as set-forth in the Authorized Distributor Letter referenced above. Failure to do so will result in cancellation of the BPA.

5. The Government reserves the right to request information from Authorized Suppliers related to supply descriptions, pricing, or other topics at any time and the Authorized Supplier is required to provide such information.

6. This language is not generated to inhibit the PV or facilities from ordering supplies already on any other designated Government contract instrument. VA’s Strategic Acquisition Center (SAC) and the VHA Office of Procurement will ensure that supplies are placed on appropriate catalogs/Product Lists from which facilities may order. It is however, incumbent on the PV to honor the parameters of the contract scope of work. Where apparent conflicts arise, the CO will make the final determination as to whether a supply is or is not within scope. The PV must consult with the CO prior to shipping any supplies which do not clearly fall within the parameters of the above defined scope of work for PV.

7. The Government reserve the right to remove any supply from the MSPV Product List upon 30-calendar days’ notice, resulting in modification of the BPA.

J. Gray Market

1. The Authorized Supplier shall be an OEM authorized dealer, authorized distributor, or 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 Authorized Supplier shall provide new supplies ONLY; no remanufactured or "gray market" supplies. All supplies must be covered by the manufacturer's warranty.

K. Trade Agreement Act Requirements (applicable to Large Business)

1. Supplies offered by the Authorized Supplier should be compliant with the Trade Agreements (TA) Certificate, found at 52.212-3. End-products offered shall be manufactured or substantially transformed either in the United States or in a designated country. The BPA holder at the supply level must certify as follows in accordance with the TA Certificate:

a. The Offeror certifies that each end product, except those specifically listed, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

b. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

L. Delivery

1. The Authorized Supplier shall deliver supplies in accordance with “Normal”, Expedited, “Just-In-Time (JIT)”, drop shipment, and consignment delivery methods as outlined in commercial agreements between the PV and the Authorized Supplier.

2. All BPA holder deliveries shall be FOB Destination.

3. The Authorized Supplier shall deliver supplies to the PV in line with established commercial agreements.

M. Orders

1. No orders are placed against the BPA. The PV places orders based on their commercial agreements with BPA holders. The sole purpose of the BPA is to identify the products, prices, and sources.

N. Drop Shipments

1. The Authorized Supplier can provide supplies directly to facilities through drop shipments, rather than through PV distribution. Drop shipments are ordering facility-authorized shipments made on supplies that a manufacturer does not normally distribute through a PV but makes available for order and delivery directly to the facility. Authorized Suppliers shall identify if supplies are available only via drop shipment as part of the solicitation response.

2. Requirements for drop shipment supplies will be outlined in commercial agreements, including delivery time, order accuracy, fill rate, shelf life, and others.

3. Supplies delivered via drop shipment to facilities shall only be delivered to facilities with at least six months shelf life remaining upon delivery to the ordering facility. For those supplies which have an initial expiration date/shelf life of six months or less, at least 75% of the original shelf life shall remain at time of delivery to the ordering facility.

4. Facilities will place the order through the PV. The PV will then place the order with the Authorized Supplier within one hour and provide an Order Confirmation to the facility within one hour of order placement with the Authorized Supplier.

5. The PV is responsible for invoicing VA for drop shipments; it is not the responsibility of the Authorized Supplier.

6. Once shipped, the Authorized Supplier shall provide tracking information to the PV.

O. Terms and Conditions

1. No purchases are made against this BPA.

2. A Non-Manufacturer Rule (NMR) individual waiver was obtained for this RFQ, pursuant to 13 CFR § 121.1204.

3. The agreement, including supplies, prices, and other terms and conditions, is public information and is releasable under the Freedom of Information Act (FOIA). Procurement related information, shall be treated as confidential and shall not be disclosed except as required by applicable laws and regulations.

4. All Small Business Offerors shall be certified in the System for Award Management (SAM) (www.sam.gov) as a small business under North American Industry Classification System (NAICS) code 339113

5. All Offerors who wish to qualify as an SD/VOSB and/or a VOSB must be certified by the VA Center for Verification and Evaluation (CVE). Additional information and the certification process can be found on https://www.va.gov/osdbu/verification/.

6. The Authorized Supplier shall provide written notice to the VHA CO mail group vhavamspvsupcontroff@va.gov of any changes related to the company or the supplies offered under its BPA. Changes include, but are not limited to, change in company information, including contract administrator, company name, address and phone number.

P. Authorized Representatives

1. The primary CO for this Agreement is: Carol H. Domingue

2. The Primary Contracting Officer's Representative (COR) for projects under this Agreement will be delegated by writing by the CO if needed at a later date.

Appendix A: Acronyms

Appendix B: Product Categories

· APPAREL/TEXTILES/GLOVES

· CENTRAL SUPPLY STERILIZATION SOLUTIONS & SUPPLIES

· DENTAL EQUIPMENT & DENTAL SUPPLIES

· DIALYSIS

· EAR/NECK/THROAT & AUDIOLOGY

· EMERGENCY MEDICAL SERVICES SUPPLIES AND EQUIPMENT

· ENDOSCOPY SUITE

· ENVIRONMENTAL SERVICES

· IMPLANTS

· IV & IRRIGATION SUPPLIES

· LABORATORY

· MEDICAL DOCUMENTATION

· MEDICAL IMAGING RADIOTHERAPY NUCLEAR MEDICINE & CATH LAB

· OCCUPATIONAL THERAPY/REHABILITATION/AIDS FOR DAILY LIVING

· OPERATING ROOM

· OPTOMETRY

· ORTHOPEDICS/PROSTHETICS & SPORTS MEDICINE

· PATIENT EXAM ROOM INSTRUMENTS AND SUPPLIES

· PATIENT MOBILITY/TRANSPORTATION/TRANSFER EQUIPMENT & AIDS

· PHYSICAL THERAPY

· PHYSIOLOGICAL & PSYCHOLOGICAL TESTING & MONITORING

· PODIATRY

· RESPIRATORY THERAPY & ANESTHESIA

· SAFETY DEVICES & SUPPLIES

· SYRINGES & NEEDLES

· UROLOGY SUPPLIES

· WOUND CARE PRODUCTS

Appendix C: Veterans Integrated Services Networks (VISNs)

Visit https://www.va.gov/directory/guide/division.asp?dnum=1

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

Submitting the Offeror’s quote/Information to be submitted. The Offeror’s quote (i.e., completed quote sheet) and completed RFQ, shall be submitted electronically by the date and time indicated in the solicitation or amendments.

RFQ submissions shall include a completed SF-1449, Quote Sheet (Attachment B), and all relevant award documents (e.g. Authorized Distribution Letter, Small Business Certification, etc.) All documents shall follow the same file naming standard, RFQ Number, company name, and then artifact. For example: “36C24C19Q0033-Company Name-Quote Sheet”.

Quotes shall be submitted via email to the Contracting Officer. The size limitation is 10 Megabytes per e-mail. The subject line of the email shall read the RFQ number and the company name. For example: “36C24C19Q00XX-Company Name”. Multiple emails will be accepted due to the size limitations. AT NO TIME WILL ZIP FILES BE ACCEPTABLE.

Attachment B – includes the quote sheet for pricing, product documents, and product descriptions. The Offeror shall only use the Quote Sheet provided in the most recent amendment. Offerors may submit quotes for an individual item or for multiple items and may quote in multiple categories. If an Offeror is quoting multiple line items, they must still provide a separate/individual price per line item. Additional information on how to complete the quote sheet is included in the “Overview & Instructions” tab in the quote sheet. If an item is manufactured in multiple countries, the Offeror shall select the preponderant manufacturing country of that item.

Historical sales data is provided for reference purposes and should not be considered an exact amount, nor should Offerors be “cross-walking” these items for potential replacement. The intent of this solicitation is to increase medical/surgical item availability that meets the requirements of VA clinicians. Offerors are welcome to submit all items that fall in the scope of this RFQ's category description (see Attachment B, Historical data tab) that they are authorized to sell by the OEM, excluding any items already covered under the AbilityOne Procurement List.

Each item should be entered as a new row in the Quoted Supplies tab of the quote sheet (Attachment B). For items that the Offeror believes are incorrectly described in the historical data tab, they are welcome to provide the items under the name and number they believe is correct. All items quoted will be evaluated.

Unless otherwise stated, all Clauses/Provisions will apply. The following additional guidance is provided:

52.225-1 only applies to tiers 1, 2, and 3 852.219-74 only applies to tiers 1, 2, and 3 852.219-10 only applies to tier 1 852.219-11 only applies to tier 2 52.225-5 only applies to tier 4 (i.e. unrestricted).

Terms and content of Offeror’s quote. The Offeror’s quote must be based on the terms of this RFQ. The Government may reject any quote that is not based on these terms in every respect. The Offeror’s quote must contain all the information requested.

Small Business Status. In order to submit a quote, the Offeror must know whether their company is a small business. The small business size standard that applies to this purchase is stated on the SF-1449, block 10, along with the North American Industry Classification System (NAICS) code on which it is based.

Issuance of a BPA. The Offeror’s quote should contain their best terms. The Contracting Officer may reject any or all quotes. After the evaluation of quotes, the Contracting Officer may negotiate final terms with one or more Offerors before issuing a BPA. The Government will not use formal source selection procedures described in FAR Part 15.

The Contracting Officer may issue a BPA to other than the quote with the lowest price. The Government may issue multiple BPAs with various items or groups of items from different Offerors. The Government may issue a BPA for less than the quantity on which the Offeror’s quote is based, at the quoted price, unless the Offeror tell the Government that the they will not accept an order on that basis.

Product samples. Not Required under this RFQ.

Availability of Government Documents. If the descriptions in this RFQ of the products or services the Government want to buy refer to any Government specification, standard, or commercial item description, the Offeror may obtain a copy of any such documents from the places listed in Federal Acquisition Regulation 52.212-1, paragraph (i).

DUNS Number (Data Universal Numbering System Number). [This applies to all quote if the solicitation requires that Offeror be registered in the System for Award Management (SAM).] Place the annotation “DUNS” or “DUNS+4” next to the Offeror’s name and address on the first page of the quote followed by the DUNS or DUNS+4 number that identifies the Offeror’s name and address.

If the Offeror does not have a DUNS number, contact Dun and Bradstreet to obtain one. If the Offeror are located within the United States, they may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform.

If the Offeror is located outside the United States, they must contact the local Dun and Bradstreet office for a DUNS number and tell them that they are an Offeror for a Government contract.

The DUNS+4 is the DUNS number plus a 4-character suffix that the Offeror may use at their discretion to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for their company.

(End of Provision) E.8 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) (Tailored) The Government intends to award a BPA resulting from this solicitation to the responsible Offerors whose quote conforming to the solicitation provides the best value to the Government. Quotes will be evaluated by performing a comparative evaluation in accordance with FAR 13.106-2(b)(3) to determine which response represents the “best” as a whole. Quotes will be evaluated by performing a direct comparison of one quote with another in a uniform manner to determine which quote provides the Government with its needs, as identified in the RFQ. The Government has the discretion to accept other than the lowest priced quote that provides additional benefits.

This procurement is set-aside according to the order of priority for contracting preferences as established in 38 U.S.C. § 8127 and includes a tiered evaluation approach pursuant to VA Procurement Policy Memorandum (PPM) 2018-04 (Attachment A):

(e) The Government will award a BPA resulting from this solicitation to the responsible Offeror whose quote conforming to the solicitation provides the best value to the Government, price considered. If no quotes were submitted by SDVOSB concerns, or if none of the quotes would result in award at a fair and reasonable price that offers best value to the Government, then the SDVOSB set-aside will be withdrawn and the agency will review quotes from the next tier.

(f) If no quotes were submitted by VOSB concerns, or if none of the quotes would result in award at a fair and reasonable price that offers best value to the Government, then the VOSB set-aside will be withdrawn and the agency will review quotes from the next tier.

(g) Within the small business tier, the Government will afford a preference to HUBZone small business concerns and 8(a) participants. If no quotes were submitted by HUBZone small business concerns or 8(a) participants, or if none of the quotes would result in award at a fair and reasonable price that offers best value to the Government, then the Government will review quotes from other small business concerns. If no quotes were submitted by small business concerns, or if none of the quotes would result in award at a fair and reasonable price that offers best value to the Government, then the Government will review quotes from the next tier.

(h) If no quotes were submitted by large business (i.e. unrestricted) concerns, or if none of the quotes would result in award at a fair and reasonable price that offers best value to the Government, then the solicitation may be cancelled, and the requirement resolicited.

The following factors shall be used to evaluate offers:

1. Technical: VA evaluation team to include clinical staff will review submitted items to assure they fit within the category description and determine if the items are needed to support clinical practices across the VA. The team will review product literature provided by the Offeror via a hyperlink the quote sheet, and information available within the VA and other sources, to make a clinical judgement.

The quote sheet will provide the basis for the responsible integrated product team (IPT) to determine:

(a) If the item is eligible for the medical/surgical prime vendor program;

(b) To investigate evidence of safety concerns and/or product recall; and

(c) If the characteristics match the item description for clinical utility The exact same item, meaning same manufacturer and part number, will not be awarded to more than one Offeror. Items that the IPT determines are needed to support the clinical practice of the VA, which may be similar to another item awarded, may also be awarded.

2. Price: To be eligible for award, Offerors must submit pricing that the contracting officer determines to be fair and reasonable.

These factors are listed in descending order of importance.

Before award, the contracting officer will conduct an affirmative responsibility check to include past performance and experience.

(End of Provision)

See attached document: Attachment B EMS MSPV Quote Sheet OpenMarket v4.1.

See attached document: MSPV Supply Solicitation Questions and Answers_20191007_vF.

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