36C25924Q0527 0002.docx

Amendment to a Previous Combined Solicitation

Amendment to a Previous Combined Solicitation

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

POINT OF CONTACT*

Contract Specialist Mark Holland mark.holland@va.gov

(303) 712-5828 N/A N/A

PLACE OF PERFORMANCE

Salt Lake City VA Medical Center

500 Foothill Dr.

Salt Lake City UT

ADDITIONAL INFORMATION

Quick reference of amendments

1) Original line item 0004 (Irrigation Tubing System) has been removed from section (v) “List of line items”.

This is a disposable component of the system and does not belong on the requested contract. All line item numbering has been changed to reflect the removal of the Irrigation Tubing System.

2) Credit for turn in equipment is being accepted by the facility and a list of eligible turn in equipment has been added to the Statement of Work (SOW) in the scope of work section. This addition has been bolded and italicized for ease of identification.

End of amendments Request for Quote (RFQ) #: 36C25924Q0527 0002 Lease or rent-to-own plus service agreement for surgery drills and equipment.

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, 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. The Government reserves the right to make no award from this solicitation.

* The deadline for all questions is 4:00pm MT, 7/12/2024.

All questions must be submitted in writing no later than the question cut-off date marked above. All questions will be answered officially through an amendment to the solicitation.

** Quotes are to be provided to mark.holland@va.gov no later than 4:00pm MT, 7/19/2024.

Quotes shall not be hand carried. Faxed quotes shall not be accepted. Emailed quotes are the only method of submitted quotes (4MB email limit). The Government reserves the right to make award solely on initial Quotes received. Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation. This RFQ shall be completed in its entirety, and signed and dated, failure shall not be considered for award.

(ii) This is a Request for Quote (RFQ) and the solicitation number is 36C25924Q0527. The government anticipates awarding a firm-fixed price contract resulting from this solicitation.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-03 effective February 23, 2024.

(iv) The North American Industrial Classification System (NAICS) code for this procurement is 339112 with a small business size standard of 1000 Employees. This solicitation is Unrestricted.

(v) List of Line Items;

(vi) Description of Requirements for the items to be acquired;

STATEMENT OF WORK (SOW)

Description The Salt Lake City VA Medical Center needs to initiate a new lease, or rent-to-own, agreement for surgical drills, attachments for the drills, and a service agreement to maintain all the equipment for the duration of the agreement. Procedure examples include cochlear implant placement, mastoidectomy in the temporal bone, functional endoscopic sinus surgery, Craniotomy, Anterior Cervical Discectomy, Chiari Decompression, Laminectomy, Corpectomy, ALDF, Microdiscectomy, ALIF, and Laminoplasty. This requirement is to fulfill the need of three (3) Operating Room (OR) services: Ortho-Spine, Neuro-Spine, and ENT. The contract should consist of 1 base year with 4 option years for a total for all 5 years.

Salient Characteristics:

Drills, attachments, and burs must be usable by three separate services including ENT, Ortho-Spine and Neuro-Spine based on the following requirements:

· Ability to adjust the bur up to 10mm allowing deeper access to the inner ear and nasal cavity.

· Drills must have integrated irrigation bur that allows surgeons to go trans-nasal optimizing line of sight for maximum field of view during minimally invasive procedures.

· Drills must allow surgeons performing decompressions or micro disk to remove the most amount of bone through constant contact of the bur to minimize chatter.

· Drills must be able to be used for extended periods of time without overheating.

· Drills must be able to operate in backwards and forwards drilling with compatible attachments.

· Drills must be ergonomically balanced so surgeons can use them for extended periods of time reducing fatigue on the surgeon.

· System interface design must clearly identify which bur goes with attachment.

· Drills must operate at varying speeds between 200 to 75,000 RPM depending on bone density, location, or depth.

Scope of work All equipment will be drop-ship to the facility. The service agreement will be Industry Standard and shall cover all drills and Attachments, for the full duration of the agreement, in this procurement. If a drill needs repair, a new drill will be shipped overnight while the defective drill is shipped back for repair. If an attachment needs repair, a new attachment will be shipped overnight, and the old drill discarded by the vendor. Any agreement made can be terminated at any time with no further obligation which reduces the risk of acquiring unneeded equipment.

The facility is willing to accept credit for, currently owned, operational equipment that can be turned in. All turn in equipment will be provided to the awardee after a new, fully operational, surgical drill system is in place at the facility to avoid delays in patient care. See turn in equipment list below:

End of SOW

(vii) Delivery and acceptance is to be F.O.B Destination (FAR 52.247-34) at the Veterans Affairs Medical Center, located at Department of Veterans Affairs Salt Lake City VA Medical Center 500 Foothill Dr.

Salt Lake City, UT 84148

(viii) 52.212-1, Instructions to Offerors--Commercial Items applies to this acquisition ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

(a) Gray market items are Original Equipment Manufacturer’s (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

(b) Offeror shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

(d) Offerors providing an “or equal” product(s) must adhere to the terms in FAR 52.211-6. If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet or exceed are specified in the solicitation. To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

i. Meet the salient physical, functional, or performance characteristic specified in this solicitation;

ii. Clearly identify the item by-

1. Brand name, if any and

2. Make or model number,

iii. Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

iv. Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

The contracting officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the contracting officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(e) Any award made as a result of this solicitation will be made on an All or Nothing Basis.

(f) State if quoted items are available and priced through offerors existing Government-wide Acquisition Contract (GWAC), GSA Multiple Award Schedule (MAS) contract, or VA-wide Acquisition Contract.

(g) Offerors are warned against contacting any VA personnel other than the Contracting Officer and Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations.

(h) All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror’s page limitations unless otherwise indicated in the specific volume instructions below.

(i) All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote.

(j) Submission of quote shall include the following volumes: (I) Technical capability or quality of the item offered to meet the Government requirement; (II) – Price; (III) Completion of provision 52.225-6 (Trade Agreements Certificate)

Volume I - Technical capability or quality of the item offered to meet the Government requirement

The offeror shall submit specifications, cut sheets, or brochures confirming the “equal” products, including “equal” products of the brand name manufacturer submitted, meets or exceeds the salient physical, functional, or performance characteristic specified in this solicitation. The product(s) quoted must be identified by brand name, if any, and make or model number.

Volume II – Price

Price - The offeror shall complete the pricing schedule provided in Section (v) above: Price/Cost Schedule.

Volume III – Completion of provision 52.225-6 (Trade Agreements Certificate)

Completion of provision 52.225-6 (Trade Agreements Certificate) – The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products IAW provision requirements. Provided in Section (xiii) below.

(End of Addendum to 52.212-1)

(ix) 52.212-2, Evaluation--Commercial Items applies to this acquisition

ADDENDUM to FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS:

(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 considering price and other factors.

(b) The following factors shall be used to evaluate quotations:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement Factor 2. Price Factor 3. Completion of provision 52.225-6 (Trade Agreements Certificate)

(c) 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. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation, but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement: 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.

Factor 2. Price: The Government will evaluate the price by adding the total of all line item prices, including all options. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement shall not be selected regardless of price.

Factor 3. Completion of provision 52.225-6 (Trade Agreements Certificate): The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

(End of Addendum to 52.212-2)

(x) 52.212-3, Offeror Representations and Certifications – Commercial Items, applies to this acquisition. Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required. Offerors must be registered in SAM at time of offer submission.

(xi) 52.212-4, Contract Terms and Conditions--Commercial Items – applies to this acquisition

(xii) 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (JUL 2020) applies to this acquisition FAR 52.212-5 applies to this acquisition with the following FAR clauses incorporated by reference;

(xiii) Additional contract requirements or terms and conditions:

52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days.

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.225-6 Trade Agreements Certificate.

As prescribed in 25.1101(c)(2), insert the following provision:

Trade Agreements Certificate (Feb 2021)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products:

Line-Item No. Country of Origin

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

(End of provision) 852.212-70, Provisions and Clauses Applicable to VA Acquisition of Commercial Items (Apr 2020)

852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (Jan 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

http://www.acquisition.gov/far/index.html https://www.acquisition.gov/vaar The following FAR provisions are to be incorporated by reference:

The following VAAR provisions are to be incorporated by reference:

None

The following FAR clauses are incorporated by reference:

The following VAAR clauses are to be incorporated by reference:

(xiv) The Defense Priorities and Allocations System (DPAS) does not apply.

(xv) Date and Time offers are due to mark.holland@va.gov by 4:00pm MT, 7/19/2024.

(xvi) Name and email of the individual to contact for information regarding the solicitation:

Mark Holland Mark.holland@va.gov

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Amendment to a Previous Combined Solicitation