36C25623Q1763-Steris MedivatorAdvantage Plus AER.pdf
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- Solicitation number
- 36C25623Q1763
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This is a combined synopsis/solicitation from the Department of Veterans Affairs seeking quotes for Steris Medivator Advantage Plus AERs and related accessories. The solicitation requires quotes for two Medivator Advantage Plus AER reprocessors, installation, disposal, and various Olympus endoscope hookup assemblies. Quotes are due by August 30, 2023. The period of performance is 180 days after receipt of order. Products will be delivered to the Gulf Coast Veterans Health Care System in Biloxi, Mississippi. The award will be made using comparative evaluation of quotes based on technical capability, price, and past performance reviewed through CPARS. The solicitation incorporates standard FAR and VAAR clauses and provisions.
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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 36C25623Q1763.
3. Solicitation document and incorporated provisions and clauses are those in effect through
Federal Acquisition Circular FAC 2023-04 (eff. 06/02/2023)
4. This requirement is unrestricted. The North American Industry Classification System number is 339113 with a size standard of 800 Employees
5. Place of Performance: Gulf Coast Veterans Health Care System, Warehouse Bldg 26, 400
Veterans Ave Biloxi MS 39531
6. Period of Performance: The period of performance shall be 180 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 August
28, 2023.
8. Quotes are due no later than August 30, 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.
36C25623Q1763
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 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
C.2 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)
C.3 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)
C.4 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-
OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)
C.5 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)
C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 15
C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)
C.9 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)
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 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
2.00 EA __________________ __________________
Adv Su Rap Pa 110V W/Air PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): ADV1007
Installation, Advantage Plus Business Day PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
MANUFACTURER PART NUMBER (MPN): INS1004
3.00 EA __________________ __________________
Disposal of AER PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
MANUFACTURER PART NUMBER (MPN): SE2000900071
4.00 EA __________________ __________________
Model 2-8-213 Assy, Hookup, Olympus-2K PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
MANUFACTURER PART NUMBER (MPN): 28213
9.00 EA __________________ __________________
Model 2-8-210 Assy, Hook-Up Olympus 2K PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
MANUFACTURER PART NUMBER (MPN): 28210
Model 2-8-511 Assy, Hook-Up, Oly PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
MANUFACTURER PART NUMBER (MPN): 28511
19.00 EA __________________ __________________
Model 2-8-611 Assy, Hook-Up, Oly PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
MANUFACTURER PART NUMBER (MPN): 28611
1.00 EA __________________ __________________
Barcode,Adv 100-199 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
MANUFACTURER PART NUMBER (MPN): 67199157
Silicon Oil PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
MANUFACTURER PART NUMBER (MPN): 17599496
Spill Kit Rap Pa PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
MANUFACTURER PART NUMBER (MPN): 78400974
Rapicide Pa, Assembly 2/Ca PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
MANUFACTURER PART NUMBER (MPN): ML020117
Model Ml02-0118 Test Strips Rapi Pa 2X100 2/Pk PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
MANUFACTURER PART NUMBER (MPN): ML020118
Adv Plus Sampling Cup PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
MANUFACTURER PART NUMBER (MPN): ml020121
Shipping and Delivery PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
GRAND TOTAL __________________
B.3 DELIVERY SCHEDULE
ITEM NUMBER QUANTITY DELIVERY DATE
0001 SHIP TO: Gulf Coast Veterans Health Care System 400 Veterans Ave Warehouse Bldg 26 Biloxi, MS 39531
USA
2.00 180 After Receipt of Order (ARO)
MARK
FOR:
Joseph Knause 228-523-4536 joseph.knause@va.gov
0002 SHIP TO: Gulf Coast Veterans Health Care System 400 Veterans Ave Warehouse Bldg 26
MARK
FOR:
Joseph Knause
0003 SHIP TO: Gulf Coast Veterans Health Care System 400 Veterans Ave Warehouse Bldg 26
3.00 180 After Receipt of
MARK
FOR:
Joseph Knause
0004 SHIP TO: Gulf Coast Veterans Health Care
400 Veterans Ave Warehouse Bldg 26
4.00 180 After Receipt of
MARK
FOR:
Joseph Knause
0005 SHIP TO: Gulf Coast Veterans Health Care
400 Veterans Ave Warehouse Bldg 26
9.00 180 After Receipt of
MARK
FOR:
Joseph Knause
0006 SHIP TO: Gulf Coast Veterans Health Care
400 Veterans Ave Warehouse Bldg 26 Biloxi, MS 39531
USA
MARK
FOR:
Joseph Knause
0007 SHIP TO: Gulf Coast Veterans Health Care
400 Veterans Ave Warehouse Bldg 26
19.00 180 After Receipt of
MARK
FOR:
Joseph Knause
0008 SHIP TO: Gulf Coast Veterans Health Care
400 Veterans Ave Warehouse Bldg 26
1.00 180 After Receipt of
MARK
FOR:
Joseph Knause
0009 SHIP TO: Gulf Coast Veterans Health Care
400 Veterans Ave Warehouse Bldg 26
MARK
FOR:
Joseph Knause
0010 SHIP TO: Gulf Coast Veterans Health Care
400 Veterans Ave Warehouse Bldg 26
MARK
FOR:
Joseph Knause
0011 SHIP TO: Gulf Coast Veterans Health Care System 400 Veterans Ave Warehouse Bldg 26
MARK
FOR:
Joseph Knause
0012 SHIP TO: Gulf Coast Veterans Health Care
400 Veterans Ave Warehouse Bldg 26
MARK
FOR:
Joseph Knause
0013 SHIP TO: Gulf Coast Veterans Health Care
400 Veterans Ave Warehouse Bldg 26
MARK
FOR:
Joseph Knause
0014 SHIP TO: Gulf Coast Veterans Health Care
400 Veterans Ave Warehouse Bldg 26
MARK
FOR:
Joseph Knause
B.4 STATEMENT OF WORK (SOW)
1. Contract Title: Steris Medivator Advantage Plus AERs.
2. Scope: Contractor shall provide all personnel, equipment, disposal, installation, tools, shipping and delivery for two (2) name brand Medivator Advantage Endoscope Reprocessing (AER) reprocessors and accessories listed below and assembly.
3. Specifications/Characteristics:
• H62” x W49” x D31” Medivator Advantage Plus AERs.
• Provides a Method of High Level disinfection for the Olympus Endoscopes that we currently use. These are to replace older units that are at or beyond life expectancy.
• For use with the EndoDry storage cabinets and cassettes to minimize handling.
• Pairs with the EndoDry Storage Cabinets to facilitate data transfer between the two devices.
• With SMART Connect in place, the ENDODRY Cabinet alerts users that the endoscope has not completed a successful HLD cycle in the AER.
Additionally, it won’t allow the endoscope to enter the ENDODRY Cabinet if the endoscope has been removed from the AER without entry into the cabinet for over an hour.
• Barcode scanner for endoscope and operator identification.
4. Period of Performance: 180 days After Receipt of Order (ARO).
5. Delivery: Gulf Coast Veterans Health Care System Warehouse Bldg 26 400 Veterans Ave Biloxi MS 39531 Mon-Fri 7:00am- 3:30pm POC: Joe Knause 3-4536
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 852.203-70 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.2 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)
(a) The Contractor shall conform to the standards established by Food and Drug
Administration (FDA).
(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.
(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:
(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.
(End of Clause)
C.3 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB
2023)
(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.
This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.
(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the
OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.
(End of Clause)
C.4 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND
VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023)
(DEVIATION)
(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.
(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the
SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/
(see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13
CFR 121, 125 and 128.).
(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified 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 listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.
(d) 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) https://veterans.certify.sba.gov/
C.5 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.6 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.7 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.8 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.
C.9 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/
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
52.204-27 Prohibition on a ByteDance Covered Application JUN 2023
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
JUN 2023
52.225-1 BUY AMERICAN—SUPPLIES OCT 2022
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
Not Used
SECTION E - SOLICITATION PROVISIONS
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, 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 36C25623Q1763- Steris Medivator Advantage Plus AERs.
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 Product
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. Offer shall submit with its technical quote detailed description how its Steris Medivator
Advantage Plus AERs meets all the requirement of this Solicitation and Statement of Work
(SOW) above and beyond self-certification.
2. Offeror shall demonstrate that it is original equipment manufacturer (OEM) or authorized distributor for the name brand product. Offerors shall submit a copy of its OEM authorization with their quote.
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.
Contracting Officer (CO) will conduct an initial review for compliance with Section 3, Quote
Format and Section 4 Quote Volume Requirements in Section E, Addendum to 52.212-1
Instructions to Offerors and Offerors may be rejected for failure to comply. 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):
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
52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
MAR 2023
52.214-21 DESCRIPTIVE LITERATURE APR 2002
52.225-2 BUY AMERICAN CERTIFICATE OCT 2022
(End of Addendum to 52.212-1)
E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2021)
(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
(1) 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. Contracting Officer
(CO) will conduct an initial review for compliance with Section 3, Quote Format and Section 4
Quote Volume Requirements in Section E, Addendum to 52.212-1 Instructions to Offerors and
Offerors may be rejected for failure to comply.
(2) 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 quoters section of the solicitation.
(3) Under Factor 2 Price, the Government will evaluate the quoted price for reasonableness by adding the total of all line item prices. The government will also compare the proposed prices with the Independent Government Estimate and quotes posed by other offers.
(4) 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.
(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. SBA determines affiliation based on the factors set forth at 13 CFR
121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;
and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding
$750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2);
and
(2) The management and daily business operations of which are controlled (as defined at
13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38
U.S.C. 101(2)) 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 veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
Women-owned small business concern means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), 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 the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR
127.300.
(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in
SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212–3, Offeror Representations and Certifications—Commercial
Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that—
(i) It [ ] is, [ ] is not a small business concern; or
(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13
CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.]
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.
http://www.sam.gov/
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that—
(i) It [ ] is, [ ] is not a service-disabled veteran-owned small business concern; or
(ii) It [ ] is, [ ] is not a joint venture that complies with the…
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