36C25623Q0799-Alcon Surgical Opthalmic Microscopes-Combine.pdf

A.1 COMBINE SYNOPSIS/SOLICTATION

1.This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13, Simplified Acquisition Procedures for Certain Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement will be evaluated using the comparative evaluation process outlined in FAR 13.106-

2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government.

2. The combined synopsis/solicitation number is 36C25623Q0799.

3. Solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular FAC 2023-02 (eff. 03/16/2022).

4. This requirement is unrestricted. The North American Industry Classification System number is 339112 with a size standard of 1000 Employees

5. Place of Performance: 1100 N. College Avenue, Fayetteville, AR 72703.

6. Period of Performance: The period of performance shall be a 30 Days After Receipt of Order

(ARO)

7. All questions regarding this solicitation shall be submitted via email to Contracting Officer, Anthony Marion at anthony.marion2@va.gov no later than 10:00A.M. Central Time on April 13, 2023.

8. Quotes are due no later than April 17, 2023.at 10:00A.M. Central Time and shall be submitted electronically via e-mail to the Contracting Officer, Anthony Marion at anthony.marion2@va.gov

COMBINE SYNOPSIS/SOLICTATION APPLICABLE Provisions and Clauses

The provision at 52.212-1 Introduction to Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all clauses incorporated by reference in numeric order under

52.252-2 (see below), starting first with FAR and followed by VAAR.

36C25623Q0799

Table of Contents

A.1 COMBINE SYNOPSIS/SOLICTATION

SECTION B - CONTINUATION OF COMBINE SYNOPSIS/SOLICTATION

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK (SOW)

SECTION C - CONTRACT CLAUSES

C.1 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.3 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS—ORDERS OR BPAS (NOV

2022)

C.4 VAAR 852.208-71 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTOR COMMITMENTS--ORDERS AND

BPAS (NOV 2022)

C.5 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS

(NOV 2018)

C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.7 VAAR 852.219-70 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM

REQUIREMENTS (NOV 2022)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 15

C.10 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.11 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.12 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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 (NOV 2021)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

E.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

SECTION B - CONTINUATION OF COMBINE SYNOPSIS/SOLICTATION

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 Anthony Marion Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

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 [X] After Delivery, Installation and Acceptance.

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

The Contractor shall furnish all shipping, delivery, personnel, training, installation, parts and expertise necessary to provide the VHSO with two (2) each Alcon LED LUXOR units with accessories and any necessary initial training required for employees on the requested equipment.

Contract Period: Base POP Begin: 05-01-2023 POP End: 05-31-2023 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

0001AA

2.00 EA __________________ __________________

ALCON LX3 LED LUXOR 175/200 W/1MOS INTEGRATED VIDEO

Contract Period: Base POP Begin: 05-01-2023 POP End: 05-31-2023 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, MANUFACTURER PART NUMBER (MPN): 8065754030

0001AB

LED MODULE - WARM WHITE

Contract Period: Base POP Begin: 05-01-2023 POP End: 05-31-2023 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, MANUFACTURER PART NUMBER (MPN): 8065753084

0001AC

LED MODULE - MIXED WHITE

Contract Period: Base POP Begin: 05-01-2023 POP End: 05-31-2023 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 8065753085

0001AD

LED MODULE - COOL WHITE

Contract Period: Base POP Begin: 05-01-2023 POP End: 05-31-2023 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, MANUFACTURER PART NUMBER (MPN): 8065753085

0001AE

1.00 JB __________________ __________________

Installation Contract Period: Base POP Begin: 05-01-2023 POP End: 05-31-2023 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

0001AF

1.00 JB __________________ __________________

Training Contract Period: Base POP Begin: 05-01-2023 POP End: 05-31-2023 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

0001AG

1.00 FE __________________ __________________

SHIPPING FEE

Contract Period: Base POP Begin: 05-01-2023 POP End: 05-31-2023 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DELIVERY DATE

0001 SHIP

TO:

Veterans Healthcare System of the Ozarks Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue Fayetteville, AR 72703

USA

MARK

FOR:

Adrian D Ward/Alishia A. Snook

(479) 443-4301 x65232/(479) 443-4301 65240 adrian.ward@va.gov/alishia.snook@va.gov

0001AA SHIP

TO:

Veterans Healthcare System of the Ozarks Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

2.00 30 Days After Receipt of Order (ARO)

MARK

FOR:

Adrian D Ward/Alishia A. Snook

(479) 443-4301 x65232/(479) 443-4301

0001AB SHIP

Veterans Healthcare System of the Ozarks Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Adrian D Ward/Alishia A. Snook

(479) 443-4301 x65232/(479) 443-4301

0001AC SHIP

Veterans Healthcare System of the Ozarks Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Adrian D Ward/Alishia A. Snook

(479) 443-4301 x65232/(479) 443-4301

0001AD SHIP

Veterans Healthcare System of the Ozarks Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue Fayetteville, AR 72703

MARK

FOR:

Adrian D Ward/Alishia A. Snook

(479) 443-4301 x65232/(479) 443-4301

0001AE SHIP

Veterans Healthcare System of the Ozarks Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

1.00 30 Days After Receipt

MARK

FOR:

Adrian D Ward/Alishia A. Snook

(479) 443-4301 x65232/(479) 443-4301

0001AF SHIP

Veterans Healthcare System of the Ozarks Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Adrian D Ward/Alishia A. Snook

(479) 443-4301 x65232/(479) 443-4301

0001AG SHIP

Veterans Healthcare System of the Ozarks Warehouse Building 8 (For the Eye Clinic) 1100 N. College Avenue

MARK

FOR:

Adrian D Ward/Alishia A. Snook

(479) 443-4301 x65232/(479) 443-4301

B.4 STATEMENT OF WORK (SOW)

Statement of Work

1. Background:

1.1 The Veterans Health Care System of the Ozarks (VHCSO) requires two brand name Alcon LX3 LED LUXOR Revalia 175/200 Surgical Ophthalmic Microscopes. This equipment is required by the VHCSO Surgical Service for eye surgery procedures. The Microscopes that the Surgical Service have are currently beyond economical repair, have exceeded service life expectancy and the Sterile Processing Service (SPS) is unable to reprocess the microscope handles for the current units in place. The brand name Alcon LX3 LED LUXOR Revalia 175/200 Surgical Ophthalmic Microscopes being replaced, is the only Surgical Ophthalmic Microscopes compatible with the government’s Alcon brand centurion phacoemulsification units.

2. Scope:

2.1 The Contractor shall furnish all shipping, delivery, personnel, training, installation, parts and expertise necessary to provide the VHSO with two (2) each Alcon LED LUXOR units with accessories and any necessary initial training required for employees on the requested equipment.

3. Salient Characteristics for Alcon LX3 LED LUXOR Opthalmic Microscopes:

3.1 Microscope lens diameter shall be WD=175mm,WD=200mm with motorized magnification at 0.5-2.0 with automatic reset.

3.2 Shall have a binocular co-observation tube.

3.3 Shall feature a Foot Controller configured for both wired and wireless transfer. In wireless mode it shall operate on rechargeable lithium-ion batteries.

3.4 Shall meet the following electrical requirement:100-120 VAC, 6A, 50/50 Hz

3.5 Shall feature 10x Widefield with Telescoping Eyecups.

3.6 Focus feature shall be motorized with 30 mm Travel and Automatic Reset.

3.7 Shall have UV and IR blocking filters.

3.8 Shall include three LED light sources featuring Warm White, Cool White and Mixed White and the beam splitter shall be 80/20 or 50/50 – 459 g.

3.9 Units shall include a one-year warranty for parts and labor.

4. Delivery Schedule:

4.1 30 Days After Receipt of Order (ARO).

4.2 The Contractor shall ensure all deliverables are delivered to the following address and reference Adrian D Ward, the VA’s purchase order number and the shipping address: Veterans Healthcare System of the Ozarks, Attn: Purchase Order #, Warehouse Building 8, 1100 N. College Avenue, Fayetteville, AR 72703.

5. Contractor Requirements:

5.1 The Contractor shall not perform any service or provide any item that is outside the scope of work without the written approval of the Contracting Officer.

5.2 Should the Contractor have to come to the VHSO for any reason other than delivery, the Contractor shall be required to log in with VA Police Dispatch (Building 1, first floor) upon arrival to obtain a contractor badge. The Contractor will always visibly wear the badge while on VHSO premises and will be required to turn in the badge before leaving VHSO premises.

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses 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 clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.3 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS—ORDERS

OR BPAS (NOV 2022)

(a) In an effort to increase contracting opportunities for Veterans, depending on the evaluation factors included in the solicitation, VA will evaluate responses received based on the schedule

Contractor’s VIP-verified service-disabled veteran-owned small business/veteran-owned small business (SDVOSB/VOSB) status; and/or their proposed use of VIP-listed SDVOSB/VOSB as subcontractors or teaming partners.

(b) To receive credit under this clause a contractor or subcontractor must be listed, at time of submission of offer/quotes and at time of award, as an eligible SDVOSB/VOSB in the Vendor

Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/.

(c) A VIP-listed SDVOSB schedule holder will receive full credit, and a VIP-listed VOSB schedule holder will receive partial credit for the SDVOSB/VOSB status evaluation factor.

(d) Offerors other than SDVOSBs or VOSBs proposing to use VIP-listed SDVOSBs/VOSBs as subcontractors/teaming partners, will receive some consideration under this evaluation factor.

To receive consideration, offerors must provide in their proposals:

https://www.vetbiz.va.gov/vip/

(1) The name(s) and contact information of the VIP-listed SDVOSB(s)/VOSB(s) with whom they intend to team or subcontract.

(2) A brief description of the proposed team or subcontractor(s) arrangement.

(3) The approximate dollar value of the proposed teaming arrangements or subcontract(s).

(4) Evidence of teaming partner/ subcontractor’s VIP database registration and verification.

(e) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.4 VAAR 852.208-71 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTOR

COMMITMENTS--ORDERS AND BPAS (NOV 2022)

(a) The Contractor agrees, if selected on the basis of service-disabled veteran-owned small business (SDVOSB) or veteran-owned small business (VOSB) status, to comply with the eligibility requirements in subpart 819.70, including the limitation on subcontracting requirements at 13 CFR 125.6.

(b) The Contractor agrees, if selected for award on the basis of teaming/subcontracting in accordance with 852.208–70, Service-Disabled Veteran-Owned and Veteran-Owned Small

Business Evaluation Factors—Orders and BPAs, to use the evaluated firm(s) as proposed or if approved by contracting officer to substitute one or more VIP-verified SDVOSB/VOSB for work of the same or similar value.

(c) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.5 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE

MANUALS (NOV 2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s)

. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

(End of Clause)

C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-

Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.7 VAAR 852.219-70 VA SMALL BUSINESS SUBCONTRACTING PLAN

MINIMUM REQUIREMENTS (NOV 2022)

(a) This clause does not apply to small business concerns.

(b) If the offeror is required to submit an individual subcontracting plan, the minimum goals for award of subcontracts to VA verified service-disabled veteran-owned small business and veteran-owned small business SDVOSB/VOSB shall be at least commensurate with the

Department’s annual SDVOSB/VOSB subcontracting goals.

(c) For a commercial plan, the minimum goals for award of subcontracts to SDVOSB/ VOSB shall be at least commensurate with the Department’s annual service-disabled veteran-owned small business and veteranowned small business subcontracting goals for the total value of projected subcontracts to support the sales for the commercial plan.

(d) To be credited toward goal achievements, SDVOSB/VOSBs must be verified as eligible in the VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/. A contractor may reasonably rely on a subcontractor’s status as shown in the VIP database as of the date of subcontract award, provided the contractor retains records of the results of the VIP database query.

(e) The Contractor shall annually submit a listing of SDVOSB/VOSB (for which credit toward goal achievement is to be applied) for review by personnel in the Office of Small and

Disadvantaged Business Utilization. Use VA Form 0896A, Report of Subcontracts to Small and

Veteran-Owned Business.

(f) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

https://www.vetbiz.va.gov/vip/

C.8 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)

C.9 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)

C.10 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.

(End of Clause)

C.11 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

Veterans Healthcare System of the Ozarks

Attn: Adrian D Ward/Alishia Snook Warehouse Building 8 1100 N. College Avenue Fayetteville AR 72703

(End of Clause)

C.12 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.

C.13 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

DEC 2022

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

MAR 2023

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

See Attached Brochure

SECTION E - SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

This combined synopsis/solicitation is issued under Federal Acquisition Regulation 12 and 13.5, Simplified Procedures for Certain Commercial Items.

QUOTE PREPARATION INSTRUCTIONS:

1. Quote Preparation

a. These instructions are designed to ensure the proper submission of information necessary to provide for comprehensive evaluation of quotes. Quoters shall carefully review this section prior to commencing preparation of quotes and take the necessary measures to ensure that the information submitted is factual, accurate, and complete.

2. Submission Instructions

a. One electronic copy (email) of all sections of the quote (Technical and Price) shall be submitted to the Contracting Officer via email to Anthony.marion2@va.gov on or before the due date and time listed in this solicitation. The contractor’s email shall include in the subject line

“RFQ 36C25623Q0799- – Alcon Surgical Ophthalmic Microscopes

b. Faxed quotes are NOT permitted under any circumstances.

3. Quote Format

a. Electronic Copy: Provide one (1) electronic copy of the complete quote. Electronic copies must be in Microsoft Word or Adobe Acrobat format, and virus checked prior to submission.

b. The quoters shall be held responsible for the validity of all information supplied in their quote.

c. Please complete and submit with completed price quote (volume 2), paragraph B.1 Contract

Administration. In addition, all prior solicitation amendments must be acknowledged.

3.1. Volume 1 contains one section, Technical.

A summary of the Technical Volume 1 requirement is listed below. The detailed requirement for the technical volume is listed in section 4.

a. Technical

i. Offeror’s Technical Capability

ii. Offeror’s Qualifications

iii. Veterans Involvement

3.1.1 Past Performance - The contractor does not need to turn in any information for past performance. CPARS will be reviewed.

3.2. Volume 2 contains one section, Pricing Information.

A summary of the Price Volume 2 requirement is listed below.

a. Completed Section B.2 Price Schedule. Contractor shall complete all pricing in the B.2 price schedule. CLINS (Contract Line Items) without pricing will be found unacceptable. (The

Government seeks discounts. Identify any discounts offered and the amount within the line item description).

b. Completed Section B.1 Contract Administration

c. Acknowledgment of all solicitation amendments.

4. Quote Volume Requirements

a. Volume 1 – TECHNICAL

i. Offeror's Technical Capability

1. Offeror shall demonstrate that it possesses the capability to deliver the government requirement per this solicitation and Statement of work.

ii. Offeror’s Qualifications

1. Offers shall submit with quote its authorized distributor memo/letter from the manufacturers.

Offer shall provide proof that its firm is an authorized distributor of the product. The VA does not accept grey market items. Grey/gray market also known as a parallel market, is the trade of a commodity through distribution channels which, while legal, are unofficial, unauthorized, or unintended by the original manufacturer.

iii. Veterans Involvement

1. Offers shall submit with quote its Veterans Involvement in accordance with Veterans Affairs

Acquisition Regulation (VAAR) 852.215-70 (DEVIATION) to receive credit. Offers must state in their quotations the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the Veteran Small Business Certification (VetCert) database at https://veterans.certify.sba.gov and must meet federal small business size standards for the

NAICS code assigned to this solicitation at time of both quotation submission and at time of award.

4. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government. All factors are equal in the comparative evaluation.

Under Factor 1 Technical, the quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to offers section of this solicitation.

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

E.1 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— https://www.sam.gov/

(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 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

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

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

MAR 2023

(End of Addendum to 52.212-1)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

(a) (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:

(1) Technical

(2) Price

(3) Past Performance

(4) Veterans Involvement

(1) Evaluation Approach. Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government.

Under Factor 1 Technical, the quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to offers section of this solicitation.

(2) Under Factor 2 Price, In this factor, price will be evaluated for reasonableness, completeness, and fairness by comparing the proposed prices with the Independent

Government Estimate and quotes posed by other offers.

(3) Past Performance: Past Performance history will be reviewed through the Contractor

Performance Assessment Reports System to assist in making the responsibility determination.

Past Performance will be reviewed as part of the responsibility determination only.

(4) Veterans Involvement: In accordance with Veterans Affairs Acquisition Regulation (VAAR)

852.215-70 (DEVIATION), Service-Disabled Veteran-Owned and Veteran-Owned Small

Business (VOSB) Evaluation Factors, the Government will assign evaluation credit for a Quoter

(i.e., prime contractor) which is a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a VOSB. To receive credit, an offeror must be registered and verified in Veteran Small

Business Certification (VetCert) database at time of quotation submission and at time of award

(https://veterans.certify.sba.gov/) and must meet federal small business size standards for the

North American Industry Classification System (NAICS) code assigned to this solicitation. Non-

SDVOSB/VOSB quotations that use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation Factor. Quoters must state in their quotations the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts.

In addition, the proposed subcontractors must be registered and verified in the Veteran Small

Business Certification (VetCert) database at https://veterans.certify.sba.gov and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both quotation submission and at time of award.

(b) 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)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR 127, and the concern is identified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-

9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education;

or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.