36C26224Q1640.docx

Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

POINT OF CONTACT*

Contract Specialist Rochelle Malveaux Rochelle.Malveaux@VA.GOV 000-000-0000

PLACE OF PERFORMANCE

Phoenix VA Healthcare System

SPS

650 E Indian School Road

Phoenix AZ

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Combined Synopsis/Solicitation Notice See attached document: Attachment A -36C26224Q1640_BRAND NAME OR EQUAL_ SNOWDEN PENCER.

Combined Synopsis/Solicitation Notice

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation: offers are being requested and a written solicitation will not be issued.

The solicitation number 36C26224Q1640 is issued as a Request for Quotation (RFQ) in conjunction with FAR -- Part 13 Simplified Acquisition Procedures and constitutes the only solicitation. The Government intends to award a single Firm-Fixed Price (FFP) award contract.

This solicitation intends to award a contract through a Small Business set-aside; open market, to a business associated with NAICS Code 339113 and a size standard of 800 employees.

The Department of Veterans Affairs (VA) seeks a contractor to provide V Mueller & Snowden Pencer surgical Instruments. The requirement is for V Mueller Snowden Pencer Surgical Instruments (model number - please see below) or equivalent having the same measurements.

Offeror quotations must demonstrate meeting salient physical, functional or performance characteristics specified in this solicitation, otherwise it will be considered non-responsive. The technical specifications for this requirement are listed for Brand Name or Equal per FAR 52.211-6.

The information identified provided is intended to be descriptive, not restrictive and to indicate the quality that will be satisfactory. The interested parties bear full responsibility to ensure their submission demonstrates to the government that they can provide the brand name or equal to supplies being requested.

Brand name information:

Manufacturer: V Mueller Snowden Pencer

Delivery Requirements:

Place of Delivery: VA Phoenix Healthcare System - 650 E Indian School Road -Warehouse, Phoenix AZ 8512-1839

Period of Performance/Delivery Timeframe: Delivery shall be completed within 30 days after receipt of order (ARO).

The provision at 52.212-1, Instructions to Offerors – Commercial Items, applies to this solicitation.

Addendum:

All offeror quotes for this solicitation must be received electronically through email no later than Monday, August 26, 2024, 10:00 am PST. Ensure to reference solicitation number 36C26224Q1640 within subject line of the email. Any offeror quotes received after the prescribed date/time shall be considered non-responsive and will not be considered for award. Any questions regarding this solicitation must be received electronically through email no later than Wednesday, Thursday, August 22nd, 2024, 11:00 am PST.

Offers shall be sent by email to Rochelle.Malveaux@va.gov. Ensure the following are completed and/or included in the quote packet:

a. Vendor Information with SAM UEI.

b. Concurrence/non-concurrence with solicitation terms, conditions, and provisions

c. Items shall be FOB destination. Please specify offered item manufacturer and part number.

d. Provide an Authorized Distributor Letter/Memo form manufacturer.

e. Product must comply with the Buy American Act, Trade Agreement Act and all other clauses stated on this document.

f. Please include a Country of Origin for the items being offered (see column A)

g. Offerors shall provide verification that their items are not Gray Market such as examples on Page 4, section Gray Market

h. Offerors shall fill out columns “F-K” of Attachment A conforming to requirements stated by the salient characteristics which includes exact measurements and the instructions below.

- If providing an equivalent product, offerors shall either provide information regarding how their product meets the salient characteristics or alternatively may state where in the offeror’s overall submission that information can be found. See 52.211-6 for additional information.

52.212-2 Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Lowest priced quotation that meets all the requirements of this solicitation that is both responsive and reasonable.

Acceptability of equipment shall be established by review of each submitted quotation by the designated evaluator(s) and verification that any equal-to items meet the salient characteristics included in this solicitation. Submissions to this solicitation must show clear, compelling and convincing evidence that equal-to items meet all the salient characteristics (see Attachment A and B). Offers that include any items that are not determined as Brand Name or Equal shall result in an unacceptable offer. See 52.211-6 Brand Name or Equal for additional information.

(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 with a minimum of at least sixty days, 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 there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

Must include a completed copy of the provision at 52.212-3 -- Offeror Representations and Certifications -- Commercial Items, with this solicitation or ensure SAM.gov is updated with current information.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, 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.

The following clauses also apply:

52.211-6 - Brand Name or Equal (Aug 1999)

(a) 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 are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical measurements, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

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

(4) 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.

(c) 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.

(d) 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.

(End of clause)

Gray Market Items

(a) Gray market items are Original Equipment Manufacturers (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) Vendor 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 to 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.

(End of clause)

In addition, the following clauses shall also apply:

52.209-6Protecting the government’s interest when subcontracting with contractors debarred, suspended, or proposed for debarment Aug 2013

52.232-18 Availability of Funds Apr 1984

52.232-33Payment by electronic funds transfer – system for award management Jul 2013

52.232-40Providing accelerated payments to small business subcontractors Dec 2013

52.233-1Disputes May 2014

52.233-3Protest after award Aug 1996

52.252-2Clauses incorporated by reference Feb 1998

852.203-70Commercial advertising Jan 2008

852.232-72Electronic submission of payment requests Nov 2012

852.237-70Contractor responsibilities Apr 1984

The full text of a clause may be accessed electronically at the following:

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

The following provisions shall also apply:

52.204-7System for Award Management Oct 2018

52.204-16Commercial and Government Entity Code Reporting Oct 2016

52.209-7Information Regarding Responsibility Matters Oct 2018

52.233-2Service of Protest Sep 2006

852.233-70Protest Content/Alternative Dispute Resolution Oct 2018

852.252-70Solicitation Provisions or Clauses Incorporated by Reference Jan 2008 ***** End Word Document - ' OPPORTUNITIES-DESCRIPTION' **

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Combined Synopsis/Solicitation Notice