36C25621Q0491_1.docx
DOCX document 150 KB Posted
- Attached to
- 6515--Omnicell Medication Dispensing Cabinets Federal contract opportunity
- Solicitation number
- 36C25621Q0491
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 36C25621Q0491.docx | DOCX document |
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
36C25621Q0491
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
DUNS:
DUNS+4:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
02-24-2021
REGGIE CLARK
601-206-7054 03-03-2021 14:00
CST
00586 Department of Veterans Affairs
NETWORK CONTRACTING OFFICE 16
715 S. PEAR ORCHARD
RIDGELAND MS 39157
X
339112 1000 Employees
N/A
00586 Department of Veterans Affairs Veterans Healthcare System of the Ozarks Pharmacy Service 1100 North College Ave Fayetteville AR 72703 10N16 Department of Veterans Affairs
NETWORK CONTRACTING OFFICE 16
715 South Pear Orchard Road Ridgeland MS 39157
Financial Service Center PO Box 149971 Austin TX 78714 9971
See CONTINUATION Page Purchase of Omnicell automated dispensing cabinets
******MULITPLE LOCATIONS*******
See Price/Cost Schedule and statement of work for description of items.
For questions or concerns please contact Reggie Clark at reginald.clark@va.gov or 601-206-7054.
See CONTINUATION Page
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| Statement of Need | 4 |
| B.2 PRICE/COST SCHEDULE | 7 |
| ITEM INFORMATION | 7 |
| B.3 DELIVERY SCHEDULE | 8 |
| SECTION C - CONTRACT CLAUSES | 11 |
| C.1 FSS RFQ INTRODUCTORY LANGUAGE | 11 |
| C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 11 |
| C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 13 |
| C.4 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018) | 13 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 14 |
| SECTION E - SOLICITATION PROVISIONS | 15 |
| E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) | 15 |
| E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 17 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C256
NETWORK CONTRACTING OFFICE 16
715 S. PEAR ORCHARD
RIDGELAND MS 39157
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [X] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [] |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714 9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
Statement of Need
SFD PHARMACY OMNICELL **COVID19**
Temporary 2237: (temp) ICU MOVE OMNICELL Date of Request: 01/21/2021 Requestor: Matt Duncan, Pharmacy Service Background Information Pharmacy Service transitioned to patient profiling for inpatient wards beginning October 2013. This transition allows for more secure handling of medications by Pharmacy and Nursing as well as continuing point of care dispensing for all medications needed. As part of COVID19 response, VHSO VA Medical Center locations are setting up vaccination treatment areas across the campus. This request is to purchase 5 additional Omnicell ADCs to support vaccination of patients. These cabinets will integrate with automated dispensing cabinets (ADCs) to provide proper security of medication.
Scope Our current automated dispensing cabinets (ADCs) are Omnicell units. Additional ADC units must be purchased from Omnicell to allow interconnection on their proprietary software than operates on the server. The equipment requested will be expansion of existing in use equipment. Purchased equipment must seamless interface with existing Omnicell equipment and server.
For Springfield CBOC locations: COVID Vaccination Clinic For Fayetteville locations: COVID Vaccination Clinics (2); PACU; COVID ICU
| XT One-Cell Cabinet |
| 5 |
| XT 10 Bin Metal Locking lid drawer |
| 5 |
| XT 18 Bin Metal Lockin lid drawer |
| 6 |
| XT 27 Bin Metal Locking lid drawer |
| 6 |
| XT 15 Bin Metal Lockin lid drawer |
| 5 |
| XT Flexlock with cable (1EA) |
| 4 |
| XT Pullout Shelf |
| 4 |
Additional Technical Advisory Group Requirements These additional ADC units (5 Omnicell cabinets) will be placed in an active medication ward areas.
Contractor Requirement Delivery of product to include installation and setup in Fayetteville, AR and Springfield, MO CBOC location as listed. No training will be necessary.
Qty 1 – XT One-Cell 4 Drawer to Springfield, MO CBOC Qty 1 – XT One-cell 6 drawer to Fayetteville, AR VAMC Qty 4 – XT One-Cell 4 Drawer to Fayetteville, AR VAMC
Delivery Addresses:
| Address to Fayetteville, AR VAMC | Veterans Healthcare System of the Ozarks | |
| Pharmacy Service | ||
| 1100 North College Ave | ||
| Fayetteville, AR 72703 | ||
| (479) 587-5990 |
Springfield, MO CBOC Gene Taylor Community Based Outpatient Clinic
| Pharmacy Service |
| 1850 W. Republic Rd. |
| Springfield, MO 65807 |
| (479) 587-5990 |
36C25621Q0491
Page 1 of Page 1 of
Omnicell Medication Automated Dispensing Cabinets: Omnicell XT Medication storage cabinets Automated Dispensing Cabinets (ADCs) will be used to expand existing network of Omnicell server based medication storage and retrieval system. These cabinets must connect to the existing proprietary Omnicell network server and will be used in clinic areas for medication storage. Purchased cabinets will be expansion only and not a new network product.
a) Compatibility – Omnicell Omnicenter Software™
b) Dimensions – (Height x Width x Depth) Half-Height Cabinet 53.3”H x 26.5”Wx 27.0”D
c) Weight- Varies – up to 300 lbs
d) Industry Standard – None
e) Purpose –Medication storage and retreival
f) Governing Body or Organization – None
2) Complete generic identification –Free standing tower height medication storage cabinets for medication automated dispensing.
3) Applicable model/make/catalog number –
| MED-FRM-101 | Omnicell XT One-Cell Cabinet | Qty 5 | |||
| MED-DRW-004 | 10-Bin Metal Locking Lid drawer | Qty 5 | |||
| MED-DRW-005 | 18 Bin Metal Locking Lid drawer | Qty 6 | |||
| MED-DRW-006 | 27-Bin Metal Locking Lid drawer | Qty 6 | |||
| MED-DRW-011 | 15-Bin Dbl Deep Metal Locking drawer | Qty 5 | |||
| SRD-OPT-012 | XT Flexlock with Cables | Qty 4 | |||
| SUP-OTH-002 | CT Pullout Shelf | Qty 4 |
4) Manufacturer name – Omnicell, INC
Per VAAR 811.104 and 811.105, I certify the following regarding the above information:
· The salient characteristics listed above are essential to the Government’s requirements.
· To my knowledge, the restrictions listed above will not limit the acquisition to an item peculiar to one manufacture.
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 5.00 |
| EA |
| __________________ |
| __________________ |
CABINET,OMNICELL,XT MED 1-CELL
MANUFACTURER PART NUMBER (MPN): MED-FRM-101
LOCAL STOCK NUMBER: MED-FRM-101
| 5.00 |
| EA |
| __________________ |
| __________________ |
DRAWER,10-BIN,XT MED,METAL LOCKING LID
MANUFACTURER PART NUMBER (MPN): MED-DRW-004
LOCAL STOCK NUMBER: MED-DRW-004
| 6.00 |
| EA |
| __________________ |
| __________________ |
DRAWER,18-BIN,XT MED,METAL LOCKING LID
MANUFACTURER PART NUMBER (MPN): MED-DRW-005
LOCAL STOCK NUMBER: MED-DRW-005
| 6.00 |
| EA |
| __________________ |
| __________________ |
DRAWER,27-BIN,XT MED,METAL LOCKING LID
MANUFACTURER PART NUMBER (MPN): MED-DRW-006
LOCAL STOCK NUMBER: MED-DRW-006
| 5.00 |
| EA |
| __________________ |
| __________________ |
DRAWER,15-BIN,DBL DEEP METAL LOCKING
MANUFACTURER PART NUMBER (MPN): MED-DRW-011
LOCAL STOCK NUMBER: MED-DRW-011
| 4.00 |
| EA |
| __________________ |
| __________________ |
XT FLEXLOCK WITH 50FT CABLE,INSTALLED
MANUFACTURER PART NUMBER (MPN): SRD-OPT-012
LOCAL STOCK NUMBER: SRD-OPT-012
| 4.00 |
| EA |
| __________________ |
| __________________ |
XT PULLOUT SHELF
MANUFACTURER PART NUMBER (MPN): SUP-OTH-002
LOCAL STOCK NUMBER: SUP-OTH-002
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| Veterans Health Care Systems of the Ozarks |
Fayetteville Pharmacy Service 1100 N. College Avenue Fayetteville, AR 72703
USA
| 5.00 |
| 30 DAYS ARO |
| MARK FOR: |
| Adrian Ward |
479-444-4301 Adrian.Ward@va.gov
| 0002 |
| SHIP TO: |
| Veterans Health Care Systems of the Ozarks |
Fayetteville Pharmacy Service 1100 N. College Avenue Fayetteville, AR 72703
USA
| 5.00 |
| 30 DAYS ARO |
| MARK FOR: |
| Adrian Ward |
| 0003 |
| SHIP TO: |
| Veterans Health Care Systems of the Ozarks |
Fayetteville Pharmacy Service 1100 N. College Avenue Fayetteville, AR 72703
USA
| 6.00 |
| 30 DAYS ARO |
| MARK FOR: |
| Adrian Ward |
| 0004 |
| SHIP TO: |
| Veterans Health Care Systems of the Ozarks |
Fayetteville Pharmacy Service 1100 N. College Avenue Fayetteville, AR 72703
USA
| 6.00 |
| 30 DAYS ARO |
| MARK FOR: |
| Adrian Ward |
| 0005 |
| SHIP TO: |
| Veterans Health Care Systems of the Ozarks |
Fayetteville Pharmacy Service 1100 N. College Avenue Fayetteville, AR 72703
USA
| 5.00 |
| 30 DAYS ARO |
| MARK FOR: |
| Adrian Ward |
| 0006 |
| SHIP TO: |
| Veterans Health Care Systems of the Ozarks |
Fayetteville Pharmacy Service 1100 N. College Avenue Fayetteville, AR 72703
USA
| 4.00 |
| 30 DAYS ARO |
| MARK FOR: |
| Adrian Ward |
| 0007 |
| SHIP TO: |
| Veterans Health Care Systems of the Ozarks |
Fayetteville Pharmacy Service 1100 N. College Avenue Fayetteville, AR 72703
USA
| 4.00 |
| 30 DAYS ARO |
| MARK FOR: |
| Adrian Ward |
Brand Name or Equal Worksheet (“Salient Characteristics”)
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 FSS RFQ INTRODUCTORY LANGUAGE
The terms and conditions of the contractor's FSS contract (including any contract modifications) apply to all Blanket Purchase Agreements (BPA) and task or delivery orders issued under the contract as a result of this RFQ. When a lower price has been established, or when the delivery terms, FOB terms, or ordering requirements have been modified by the BPA or task/delivery order, those modified terms will apply to all purchases made pursuant to it and take precedence over the FSS contract. Any unique terms and conditions of a BPA or order issued under the contract that are not a part of the applicable FSS contract will govern. In the event of an inconsistency between the terms and conditions of a BPA or task/delivery order and the Contractor's FSS terms, other than those identified above, the terms of the FSS contract will take precedence.
C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)
(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.
[X] 852.203–70, Commercial Advertising.
[] 852.209–70, Organizational Conflicts of Interest.
[] 852.211–70, Equipment Operation and Maintenance Manuals.
[] 852.214–71, Restrictions on Alternate Item(s).
[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.
[] 852.214–74, Marking of Bid Samples.
[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.
[] 852.215–71, Evaluation Factor Commitments.
[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.
[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.
[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.
[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.
[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.
[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.
[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.
[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.
[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.
[] 852.228–70, Bond Premium Adjustment.
[] 852.228–71, Indemnification and Insurance.
[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.
[X] 852.232–72, Electronic Submission of Payment Requests.
[] 852.233–70, Protest Content/Alternative Dispute Resolution.
[] 852.233–71, Alternate Protest Procedure.
[] 852.237–70, Indemnification and Medical Liability Insurance.
[X] 852.246–71, Rejected Goods.
[] 852.246–72, Frozen Processed Foods.
[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.
[] 852.270–1, Representatives of Contracting Officers.
[] 852.271–72, Time Spent by Counselee in Counseling Process.
[] 852.271–73, Use and Publication of Counseling Results.
[] 852.271–74, Inspection.
[] 852.271–75, Extension of Contract Period.
[] 852.273–70, Late Offers.
[] 852.273–71, Alternative Negotiation Techniques.
[] 852.273–72, Alternative Evaluation.
[] 852.273–73, Evaluation—Health-Care Resources.
[] 852.273–74, Award without Exchanges.
(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:
[] 852.237–74, Nondiscrimination in Service Delivery.
(End of Clause) C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)
(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.
(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.
(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.
(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.
(End of Clause)
C.4 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)
Page 1 of
Page 1 of
| FAR Number |
| Title |
| Date |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 852.212-71 |
| GRAY MARKET ITEMS |
| APR 2020 |
| 852.242-71 |
| ADMINISTRATIVE CONTRACTING OFFICER |
| OCT 2020 |
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) 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 Items. 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)
E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)
(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 and past performance, when combined, are .
(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 Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
End of Document
Page 1 of image1.emf image2.emf
File details come from the government source that posted it. Updated .