Combined Synopsis Solicitation Sphygmomanometer Aneroid Otoscope Ophthalmoscope.docx
DOCX document 56 KB Posted
- Solicitation number
- 36C24W24Q0218
- Issued by
-
Department of Veterans Affairs
About this file
This document is a Combined Synopsis-Solicitation for Commercial Products and Commercial Services issued by the Department of Veterans Affairs, VA San Diego Spinal Cord Injury and Community Living Center.
The VA is seeking to purchase 87 wall-mounted aneroid sphygmomanometers, 7 pocket aneroid sphygmomanometers, 4 wall-mounted otoscope-ophthalmoscope units, and 11 desktop otoscope-ophthalmoscope units. The requirement is set-aside for small businesses under NAICS code 339112. Offers are due by 3:00 PM CST on August 30, 2024, and the Government intends to award a contract without discussions. Award will be made to the lowest priced, technically acceptable offer that meets all salient characteristics. Delivery must be coordinated with the VA point of contact and is required between September 6 and October 6, 2024. The place of delivery is the VA Activation Warehouse in San Diego, CA.
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Combined Synopsis-Solicitation for Commercial Products and Commercial Services Description This is a combined synopsis/solicitation for commercial products and commercial services 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 FAC Number 2024-05 Effective Date: 05/22/2024
This solicitation is set-aside for Small Business (SB) concerns
The associated North American Industrial Classification System (NAICS) code for this procurement is 339112, with a small business size standard of 800 Employees.
The FSC/PSC is 6515.
The VA San Diego Spinal Cord Injury and Community Living Center located at 3350 La Jolla Village Drive, San Diego, CA 92161, is seeking to purchase sphygmomanometer and otoscope/ophthalmoscope to support the needs of its patients.
All interested companies shall provide quotations for the following:
Supplies
| Line Item |
| Description |
| Quantity |
| Unit of Measure |
| Unit Price |
| Total Price |
| 0001 |
| Sphygmomanometer, Aneroid, Wall mounted – Welch Allyn 7670-01 |
(Or Equal)
| 87 |
| EA |
| 0002 |
| Sphygmomanometer, Aneroid, Pocket – Welch Allyn DS58-MC |
(Or Equal)
| 7 |
| EA |
| 0003 |
| Otoscope-Ophthalmoscope, Wall Mounted – WA 777-PM3WXX-US |
(Or Equal)
| 4 |
| EA |
| 0004 |
| Otoscope-Ophthalmoscope, Desk – WA 71-PM3LDE-US |
(Or Equal)
| 11 |
| EA |
STATEMENT OF WORK
GENERAL: VA San Diego Spinal Cord Injury and Community Living Center has executed a new build that will meet the VA seismic criteria and meet VHA standard for long term care, 3350 La Jolla Village Drive, San Diego, CA 92161, has a requirement for otoscope/ophthalmoscope, aneroid wall mounted. The otoscope/ophthalmoscope and aneroid wall mounted will support all exam rooms.
BACKGROUND: The VA San Diego Spinal Cord Injury (SCI) and Community Living Center (CLC) expansion has a requirement for otoscope/ophthalmoscope, aneroid wall mounted, and pocket aneroid in all exam rooms.
PURPOSE: The otoscope/ophthalmoscope and aneroid helps enhance patient care by providing accurate measurement to include blood pressure, examine the interior of eyes and ear. It is crucial equipment for delivering patient care for the San Diego SCI and CLC.
SCOPE: VA San Diego Spinal Cord Injury and Community Living Center is requesting contractors to provide brand name or equal equipment that meets or exceed the physical, functional, and performance of the listed salient characteristics in this section. The equipment feature is essential to the technical requirements to meet the need of the Government.
PHYSICAL CHARACTERISTICS: Equipment must have the physical characteristics to enable the government to perform the capabilities:
Sphygmomanometer, Aneroid, Wall mounted – Welch Allyn 7670-01
· 767 Wall Aneroid Sphygmomanometer with Size-11 Adult, FlexiPort
· Reusable, 2-Tube Cuff;
· Inflation Bulb and Valve,
· Coiled Tube
· Latex and mercury free
· High contrast pointer
· Equipment dimensions approx.: 7”D x 8”W x 8”H
· Quantity: 87
Sphygmomanometer, Aneroid, Pocket – Welch Allyn DS58-MC
· Jeweled movement for long life
· Laser-engraved dial for accuracy
· Premium inflation system for comfort
· Super shock-resistant--can withstand up to 60" drop and remain accurate
· Lifetime calibration warranty
· Premium aesthetics
· Ergonomic inflation bulb
· Lifetime calibration warranty
· Includes: DS58 Hand Aneroid, Adult One-tube Durable One-piece Blood Pressure Cuff, Small Case, Tri-Purpose Connector
· Equipment dimensions approx.: 3”D x 5”W x 5”H
· Quantity: 7
Otoscope-Ophthalmoscope, Wall Mounted – WA 777-PM3WXX-US
· MacroView Basic Otoscope offers focus-free design and 3x wider viewing area
· PanOptic Basic Ophthalmoscope provides 20x larger viewing area than traditional ophthalmoscopes
· Includes 6 foot line cord and plug and accepts and includes two handles.
· Contains head turn-on/turn-off, built-in speculum tray and 8 foot coiled cords.
· Unit is designed for use in patient exam rooms.
· Should include Wall Transformer, PanOptic Ophthalmoscope, MacroView Otoscope, KleenSpec Disposable Specula Dispenser, and Wall-mount panel.
· One Premium Lithium Ion Plus USBPulse rate, MAP
· Equipment dimensions approx.: 3”D x 30”W x 12”H
· Quantity: 4
Otoscope-Ophthalmoscope, Desk – WA 71-PM3LDE-US
· Welch Allyn 3.5V Diagnostic Set with PanOptic Plus LED Ophthalmoscope
· MacroView Plus LED Otoscope for iExaminer
· Universal Desk Charger
· Two Premium Lithium Ion Plus USB Rechargeable Power Handles
· Equipment dimensions approx.: 4”D x 8”W x 4”H
· Quantity: 11
FUNCTIONAL AND PERFORMANCE CHARACTERISTICS: Equipment must provide the functional and performance capability as listed above in section in above.
SOFTWARE: N/A
INSTALLATION AND TRAINING: Contractor shall provide instructions and training to the end user.
WARRANTY OF EQUIPMENT: Government requirement for standard manufacturer industry warranty term. Government does not accept extended warranty, which requires advance payment.
PERFORMANCE:
· All items to be delivered after receipt of purchase order not earlier than 9/6/2024 but not later than 10/6/2024.
· Delivery and receipt of the proposed items is anticipated to be directed to the location identified below. Confirmation of delivery location will be provided by the VA POC post-award. Delivery must be coordinated with VA COR POC Xiaochen Li (Phone): 858-642-6324 prior to any attempts at delivery. Any item that has not been coordinated will be turned away and any additional charges will be the responsibility of the sender/transportation company.
· Vendor`s responsibility will include offloading the equipment from the truck, moving the equipment to the correct delivery location in the space, uncrating or unboxing the equipment then removing all trash, and setting up the equipment according to the manufacturer`s specification followed by testing the equipment to verify that it is operational. Equipment installation paperwork & warranty information must be handed to the approved government contact onsite.
· Vendor shall abide by all rules and regulations set forth by VA San Diego due to Coronavirus (COVID-19) and have their own personal protective equipment (PPE) in use for the time they are on VA San Diego campus grounds.
· Hours: Normal duty hours are 8:00 a.m. through 4:00 p.m., Monday through Friday, not including federal holidays. Whenever contact with a facility is required outside of normal duty hours, the Contractor shall coordinate these times with the designated COR, POC or designee.
· In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 the following national holidays are observed and for the purpose of this contract are defined as “Legal Federal official holidays”
| New Year’s Day |
| January 1st |
| Martin Luther King’s Birthday |
| Third Monday in January |
| President’s Day |
| Last Monday in February |
| Memorial Day |
| Last Monday in May |
| Juneteenth |
| June 19th |
| Independence Day |
| July 4th |
| Labor Day |
| First Monday in September |
| Columbus Day |
| Second Monday in October |
| Veteran’s Day |
| November 11th |
| Thanksgiving Day |
| Fourth Thursday in November |
| Christmas Day |
| December 25th |
· Noncontract Charges: The contractor shall not perform any service that will result in additional charges without prior approval from the Contracting Officer.
· Payment: Payment will be made upon receipt of a properly prepared invoice which references the period for which payment is due, the contract number and/or assigned purchase order number. The invoice must include the correct payment address.
· Waste Removal: The contractor is responsible for removing and properly disposing of all waste related to the services provided on-site at all VA facilities.
· Failure to carry out the above procedures will be considered as a failure to document the service visit and will constitute a failure to perform.
· All shipping for parts will be included in the cost of the contract.
PLACE OF DELIVERY: VA Activation Warehouse - Ace/Adonius Warehouse – 5608 Eastgate Drive, San Diego, CA 92121
SECURITY
Information Security
· The vendor shall ensure adequate LAN/Internet, data, information, and system security in accordance with VA standard operating procedures and standard contract language, conditions laws, and regulations. The vendor’s firewall and web server shall meet or exceed the government minimum requirements for security. All government data shall be protected behind an approved firewall. Any security violations or attempted violations shall be reported to the VA Project Manager and the VBA Headquarters Information Security Officer as soon as possible. The vendor shall follow all applicable VA policies and procedures governing information security, especially those that pertain to certification accreditation.
· The contractor shall follow The Veterans Affair Acquisition Regulation (VAAR) security clause VAAR- 852.273-75 “SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES” sited in section C. Contract Clauses
(a) The contractor and their personnel shall be subject to the same Federal laws, regulations, standards, and VA policies as VA personnel, regarding information and information system security. These include but are not limited to the Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce's National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST's Web site at: http://checklists.nist.gov
(b) To ensure that appropriate security controls are in place, Contractors must follow the procedures set forth in "VA Information and Information System Security/Privacy Requirements for IT Contracts" located at the following Web site: http://www.iprm.oit.va.gov
Contract Personnel Security All contractor employees who require access to the Department of Veterans Affairs' computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (07C). The level of background security investigation will be in accordance with VA Directive 0710 dated September 10, 2004, and is available at: http://www.va.gov/pubs/asp/edsdirec.asp (VA Handbook 0710, Appendix A, Tables 1 - 3). Appropriate Background Investigation (BI) forms will be provided upon contract (or task order) award and are to be completed and returned to the VA Security and Investigations Center (07C) within 30 days for processing. Contractors will be notified by 07C when the BI has been completed and adjudicated. These requirements are applicable to all subcontractor personnel requiring the same access. If the security clearance investigation is not completed prior to the start date of the contract, the employee may work on the contract while the security clearance is being processed, but the contractor will be responsible for the actions of those individuals they provide to perform work for the VA. In the event that damage arises from work performed by contractor personnel, under the auspices of the contract, the contractor will be responsible for resources necessary to remedy the incident.
The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.
The following solicitation provisions apply to this acquisition:
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) 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.
The following provision is incorporated into 52.212-1 as an addendum to this solicitation:
E.3.1 SITE VISIT: Not Applicable E.3.2 SUBMISSION OF OFFERS: Offers to this solicitation shall be e-mailed not later than 15:00 PM CST on 30 August 2024, to the attention of Brian Anderson at brian.anderson8@va.gov with “Solicitation Offer 36C24W24Q0218, Sphygmomanometer and Otoscope-Ophthalmoscope” in the subject line. NO EXTRA TIME WILL BE GIVEN, Offerors are advised that it is your responsibility to review and monitor the website frequently to ensure you have the most up to date information, including amendments. Files should be sent in PDF format and no larger than 10MB or they will be automatically rejected by the server. Vendors can expect a confirmation e-mail indicating offer was successfully received by the Government. The Government is not responsible for rejected emails that exceed the e-mail capacity. Telephone and fax responses will NOT be accepted. Telephone inquiries will not be honored. Inquiries after the advertised due date in block 8 of the solicitation document may not be responded to due to the time constraints of the procurement. All offerors must ensure SAM registration is correct, current and has not expired at the time of offer. Please include your SAM UEI number on your quote. Also, for verification of your SDVOSB and VOSB, please ensure your business is registered with the U.S. Small Business Administration Veteran Small Business Certification (VetCert) website at: https://veterans.certify.sba.gov E.3.3 SUBMISSION OF QUESTIONS: All questions must be received by 1:00 PM CST on 27 August 2024. All questions submitted for this solicitation must be electronically sent to the following email address: Brian Anderson at brian.anderson8@va.gov with “Solicitation Offer 36C24W24Q0218, Sphygmomanometer and Otoscope-Ophthalmoscope” in the subject line. Questions received after the stated date and time may be addressed at the discretion of the Contracting Officer.
E.3.4 DISCUSSIONS WITH OFFERORS: The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer that doing so is in the best interest of the Government. The Government may reject any of all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
E.3.5 SUBMISSION OF REQUIRED DOCUMENTS: Submission of Required Documents listed herein is a condition precedent to award of a contract/delivery order. In general, LIMIT your response to no more than thirty-five (35) typewritten pages with a 12pt font-size and Times New Roman font type, including at a minimum, the following documentation:
| 1. SUBMISSION OF QUOTATION | |
| Quote Submission: The contractor shall submit a complete emailed electronic copy in portable | document format (.pdf) or Microsoft Excel (.xls) format. |
| 1.1 Volume 1: (Technical) | |
| 1.1.1 All salient characteristics | |
| 1.1.2 OTHER REQUIRED DOCUMENTATION |
1.1.2.1 Submit an authorization letter or other document(s) from Original Equipment Manufacturer dated within 90 calendar days stating you are an Authorized Distributor or Authorized Reseller of the proposed equipment/system.
| 1.2 Volume 2 (Pricing) It must follow the solicitation format and order for each line item. | |
| 1.2.1 Quote must be valid for 60 days. | |
| 1.2.2 Vendor must quote all line items in the solicitation. | |
| 1.2.3 Vendor must include shipping cost on the items priced. |
OFFERORS WHO FAIL TO SUBMIT THESE DOCUMENTS WITH THEIR QUOTES WILL HAVE THEIR QUOTES REJECTED AND WILL NOT BE CONSIDERED FURTHER FOR CONTRACT AWARD.
Submissions can be sent in multiple emails to avoid computer system email size limitation to Brian Anderson at brian.anderson8@va.gov. Quotes submitted by any other method will not be considered. All proprietary information shall be clearly marked. The use of hyperlinks in quotes is prohibited. Late quotes will not be accepted for evaluation. The contractor is responsible for confirming the Government’s receipt of the contractor’s quote.
(End of Addendum to 52.212-1)
FAR 52.212-2 Evaluation-Commercial Products and Commercial Services ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(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 shall be used to evaluate offers:
Technical acceptability shall be established by review of each submitted quote, attachments, and/or information by the designated technical evaluator/s and verification that any “brand name” or “equal to items” meet all the salient characteristics included in this solicitation. No other rating or quantitative value other than acceptable or unacceptable will be assigned.
Once the acceptability has been established, the Contracting Officer shall award to the Lowest Price meeting ALL the Salient Characteristics and required documentation listed in the MTR and Statement of Work (SOW).
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(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.
(End of Provision)
FAR 52.212-3, “Offerors 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, “Offerors 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–Commercial Products and Commercial Services” (Nov 2023)
· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services” (May 2024)
VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001;
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause)
VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Clause)
VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)
Shipment of deliverable items, other than reports, shall be to:
VA Activation Warehouse Ace/Adonius Warehouse 5608 Eastgate Dr San Diego, CA 92161 (End of Clause)
VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)
(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.
(b) Mark deliverables, except reports, for:
ATTN: Xiaochen Li (End of Clause)
VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)
Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.
(End of Clause)
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):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/ (End of Clause)
| FAR Number |
| Title |
| Date |
| 52.203-17 |
| CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS |
| NOV 2023 |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| AUG 2020 |
| 852.203-70 |
| COMMERCIAL ADVERTISING |
| MAY 2018 |
| 852.215-70 |
| SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEVIATION) |
| JAN 2023 |
| 852.215-71 |
| EVALUATION FACTOR COMMITMENTS |
| OCT 2019 |
| 852.246-71 |
| REJECTED GOODS |
| OCT 2018 |
(End of Addendum to 52.212-4)
SOLICITATION PROVISIONS
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.
(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”
(d) Representations. The Offeror represents that—
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of Provision) 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)
(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.
(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).
(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).
(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:
(1) Name of the product or service provided to the Government;
(2) Name of the covered article or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(6) Item description;
(7) Reason why the applicable covered article or the product or service is being provided or used;
(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.
(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):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/ (End of Provision)
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| AUG 2020 |
| 52.211-6 |
| BRAND NAME OR EQUAL |
| AUG 1999 |
| 52.214-21 |
| DESCRIPTIVE LITERATURE |
| APR 2002 |
| 852.239-75 |
| INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE |
| FEB 2023 |
The award will be made to the response most advantageous to the Government.
Responses should contain your best terms, conditions.
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 30 August 2024 at 3:00pm Central Standard Time.
Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.
Point of Contact:
Brian Anderson brian.anderson8@va.gov
File details come from the government source that posted it. Updated .