Amendment 36C77623R0021 0002.pdf

5. PROJECT NUMBER (if applicable)

CODE7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODECODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 10

0002 None

36C776

Department of Veterans Affairs Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490 Independence OH 44131

36C776

Department of Veterans Affairs Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490 Independence OH 44131

36C77623R0021

10-20-2023

X

X X

12/01/2023 3:00 PM ET

See CONTINUATION Page

X 1

The purpose of Amendment number 0002 is the following:

1) Extend the offer due date to 12/01/2023, 3:00 PM, ET.

2) Answer initial questions asked by Industry

3) An additional Amendment will be forthcoming to address the remainder of the Industry questions that were submitted.

4) All other terms and conditions will remain in full force and effect.

Stephanie Pascale, VA-VHA-RPOC-2024-0005

QUESTIONS AND ANSWERS:

QUESTION (1): SF 1449

P1. of the amended solicitation, SF 1449 lists NAICS code 339113. Please confirm if this is considered a services or supplies/products contract.

ANSWER: This is considered a supply contract with incidental services.

QUESTION (2): Page 36-37 of the amended solicitation mentions two sections: “(1) Services and (2) Supplies/products.” a. Please clarify if section 1 or section 2 apply to this solicitation.

ANSWER: Since this is an acquisition for supplies with incidental services, paragraph (2) "Supplies/products" applies.

QUESTION (3): P13. Item k. mentions “Quote pricing for a ramp system shall be itemized based on a per section price to include shipping and installation fees…”. a. Please confirm if there is a separate CLIN on the schedule of items to include the cost of shipping or if shipping should be priced into the unit prices on the existing CLINs.

ANSWER: There is no separate CLIN for shipping costs. Any shipping costs should be included in the unit prices of the existing CLINs.

QUESTION (4): P41-44. contract clause C.14 VAAR 852.216-72 PROPORTIONAL ECONOMIC

PRICE ADJUSTMENT OF CONTRACT PRICE(S) BASED ON A PRICE INDEX (MAR 2018),

mentions “The dates of contract adjustment shall be every 6 months and the starting dates of each pricing period, if not already included in these dates. a. Will the government change the adjustment period to every 3 months and use Aluminum Extruded Product Series ID PCU331318331318 price at the end of the 3-month period for the adjustment?

ANSWER: The economic price adjustments shall be made at the start of each pricing period and every 6 months thereafter, as defined in VAAR clause 852.216-72.

QUESTION (5): Please confirm that follow up questions to the government’s posted responses to questions will be accepted and responded to.

ANSWER: The Government does not currently have plans to conduct additional rounds of follow-up questions and answers.

QUESTION (6): On page 47 contract clause 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C.

637(a)(17)) is unchecked. a. Please confirm if this clause applies to the contract.

ANSWER: Yes, the clause 52.219-33 should have been checked and it was inadvertently omitted.

QUESTION (7): On the Schedule of Items will the government revise the schedule to add separate CLINS for all necessary hardware including handrails, bridge plates, legs, entrance and exit plates etc.

ANSWER: As identified in Attachment 2, Schedule of Items, all necessary hardware items shall be included in the pricing for various SubCLINs. For example, the SubCLINs associated with CLIN 0002 and 0003 shall include all necessary hardware. Please review the descriptions of all the CLINs and SubCLINs in the schedule to identify which items should include necessary hardware. The Government does not intend to revise the schedule to add additional CLINs for hardware.

QUESTION (8): Please confirm how the pricing of the different sizes of ramps will be evaluated and any safeguards in place for unbalanced pricing in the differing sizes of ramps.

ANSWER: See E.8, 52.212-2 regarding the evaluation of proposed pricing. The Government will follow the requirements of FAR Part 15 regarding unbalanced pricing.

QUESTION (9): A common occurrence we will run into is the installation of Skirting around the ramp system. Certain parks and living communities require ramp systems to be skirted. The $500 minor site preparation fee will not be enough to cover this type of service. Please confirm how to proceed in these instances.

ANSWER: As stated in SOW paragraph 3.2.n, if minor site preparation is identified to be above $500.00, the Contractor shall notify the VHA Prosthetics Representative for further guidance.

QUESTION (10): Another occurrence we will come across is the requirement for Bolt-on-BOCCA or picketed rails for certain heights the ramp is above the ground. For example, if we are installing a ramp system that requires 48 feet of ramping for a 48” rise and the local municipality requires picketed rails for any part of the ramp system that is above 36” then we would be required to provide picketed rails on any platform or ramp above this threshold. In this instance it would more than likely be at a minimum the first 12’ of ramping. In most instances the $500 minor site preparation fee will not be enough to cover this type of add on. Please confirm how to process would be for such installations.

ANSWER: As stated in SOW paragraph 3.2.n, if minor site preparation is identified to be above $500.00, the Contractor shall notify the VHA Prosthetics Representative for further guidance.

QUESTION (11): Section B.2, #5 Invoices (p.6-7) -- No selection was made for timeline of invoice submittal. Can you specify how often invoices would need to be submitted?

ANSWER: The selection should have been "c-Other" and to state "Upon installation of aluminum modular ramp".

QUESTION (12): Section B.2, #5 Acceptance of Government Purchase Card (p.6) -- Will the minimum purchase threshold of $10,000 still apply to the utilization of the government purchase card?

ANSWER: There is no $10,000 minimum purchase threshold identified in this solicitation.

QUESTION (13): Section B.3 -- The solicitation refers to day(s) as both business and calendar. Please specify.

ANSWER: Each requirement in the solicitation specifies whether the requirement is for business or calendar days.

QUESTION (14): Section B.3, 3.2, a. Site Assessment – If the veteran is not the property owner or authorized agent, and/or is not based locally, what is the required plan of action?

ANSWER: As stated in SOW paragraph B.3, 3.2, a, "In some instances, the Veteran may not own the property and, if known to the VA, the VA will notify the contractor prior to the assessment. In those situations, it is required that the property owner take part in the review process. The Contractor is required to have the legal property owner or authorized agent acting on behalf of the owner to sign off on the design indicating approval/disapproval."

QUESTION (15): Section B.3, 3.2, I – The previous solicitation required five (5) business days to complete assessments. In order to remain consistent, can this solicitation reflect the same time frame?

ANSWER: The requirement for this acquisition is three (3) business days. The requirement stands.

QUESTION (16): Volume I Price, Attachment 2 – If submitting a proposal for only one of the Regions, will the other require any type of notation, I.e., N/A, NO BID?

ANSWER: Offerors should provide a notation to indicate if they are not proposing on one of the Regions.

QUESTION (17): Request for removal: 1. Section B.3, Introductory paragraph 2 (Page 7): “All ramp systems shall be of lightweight, aluminum construction, durable, with either mesh non-slip or solid non-slip, skid-resistant surface, rust free, easily installed, and removed, compact and recyclable.” Also mentioned at Section B.3, 2.1a (Page 8): a. Would the government consider the removal of mesh as an option for this contract for the following reasons: i. Maintenance difficulty – Grass and snow/ice build-up makes maintenance more difficult for the Veteran. ii. Additional ADA Call Outs - ADA 302.3 Openings

iii. Veteran/Caregiver Safety 1. Sharp Edges – Conflicts with Section B.3, 2.2a (Pages 8-9). 2. Ice/Snow buildup makes the surface slippery. 3. Veterans that shuffle their feet will be required to wear protective footwear due to an extremely rough surface that could result in cuts. 4. With or without footwear the surface poses a greater risk or falls. iv. Mobility Device: Contact with an extreme rough surface may result in a shortened life span of the mobility device, such as ends of canes, walkers and other mobility device wheels or tires. This may result in an unintended service call for such equipment. v. Additional government administration (documentation) due to potential injury reports. vi. The original Tri-West Contract eliminated Mesh as an option during product demonstrations. vii. The current East Ramp Contract and West Solicitation does not include Mesh as an available option.

ANSWER: Certain VISNs, due to geographical locations, require mesh. Contractors should be prepared to offer mesh when needed.

QUESTION (18): Section B.2, Item 3 ii (Page 5): “All delivery or task orders are subject to the terms and conditions of this Contract. Orders shall be placed against this Contract via e-mail, Electronic Data Interchange (EDI), or facsimile.” a. Would the government please clarify if email (with encryption), EDI, and fax options all need to be available for Offerors to receive delivery or task orders or if having one of the options available is all that is required for this contract?

ANSWER: All 3 types will be required as these are the methods used across the VISNs.

QUESTION (19): Section B.2, Item 4 (Pages 5-6): If the government is stating that all three communication types (email, fax, and EDI) must be used for this contract, would the government consider making the use of EDI an option instead of a requirement?

ANSWER: All 3 types will be required as these are the methods used across the VISNs.

QUESTION (20): Section B.3, Introductory paragraph 4 (Page 8): “The required modular ramps are not considered real property structures and are stand-alone systems that require no construction type services or fabrication of ramp sections; the ramp systems are not alterations to real property. Therefore, this acquisition does not involve construction type services or construction wage rates for fabricating or installing the ramp systems.” a. Would the government please clarify what is meant by “construction type services”? b. Would the government please clarify why “construction type services” are not being considered?

ANSWER: The Government has made these determinations in accordance with FAR Part 22 definitions and guidance.

QUESTION (21): Section B.3, 2.0 (Page 8): Would the government please clarify if they are asking for only the ADA requirements listed in the SOW to be followed or if they require that all ADA requirements listed at https://www.ada.gov/2010ADAstandards_index.htm be followed to the furthest extent possible?

ANSWER: All ADA requirements will need to be followed not just the ones listed in the SOW.

QUESTION (22): Section B.3, 2.2c (Page 9): “All inclined runs of ramp will have a minimum of three points of support separate from the other ramp structures.” a. Did the government take into consideration, when setting their price ceiling for this solicitation, the additional cost associated with this requirement? It was not a requirement in the past contract for this region and is outside of some current manufacturers’ practice for installation.

ANSWER: This requirement will remain as-is.

QUESTION (23): Section B.3, 2.3b (Page 9): “Minimum level 4x5 landing surface at the door.” In the same requirement, it is listed that “a resting platform may be needed midway”. a. ADA has call outs where 4x4 platforms are appropriate for some door approach scenarios. If the government plans to follow ADA to the furthest extent, would it consider making the minimum platform a 4x4? i. There is a CLIN for 4x4 platforms in the pricing spreadsheet. b. Would the government please clarify what the minimum size of the midway resting platform is that they will require? 4x5 platform or ADA minimum requirement of as wide as the ramp run and 5 foot in length? If the minimum size is not currently on the pricing schedule, will the midway resting platform be added to the Pricing schedule as a CLIN?

ANSWER: The requirement (minimum level 4x5 landing surface at the door) will remain as-is.

QUESTION (24): Section B.3, 2.3c (Page 9): “If there is not a paved or solid landing point a landing pad is required, a rubber landing pad may be used.” a. Although rubber landing pads may be solid, they are not level. b. Rubber landing pads conform to the ground and will cause areas where water can pool and freeze in certain areas. c. Will the government enforce this requirement? d. Will the government require tapers on rubber landing pads? e. Would the government consider removing rubber landing pads from this contract?

ANSWER: The requirement is for a landing pad (if there is not a paved or solid landing point). Using rubber landing pads is an option, but they are not required to be rubber.

QUESTION (25): Section B.3, 2.3d and 2.3e (Page 9-10): Requirements 2.3d and 2.3e appear to be duplications of the same requirement. a.Would the government please clarify if there is an additional requirement for 2.3e that is missing?

ANSWER: Correct. 2.3e is a duplicate statement and it will be removed from the Statement of Work.

QUESTION (26): Section B.3, 2.3f (Page 10): “Do not land on uneven terrain.” a. Rubber landing pads conform to the ground and will cause areas where water can pool and freeze in certain areas. b. Rubber landing pads will be uneven and potentially cause an increase to service calls and potential injury to the Veteran and caregivers or other users. c.Rubber landings have a potential for an increase in service calls although the service call is expected to be covered by the contractor there will potentially be an increase in government administration. d. Would the government consider removal of rubber landing pads being allowed for this contract?

ANSWER: The requirement is for a landing pad (if there is not a paved or solid landing point). Using rubber landing pads is an option, but they are not required to be rubber. The allowance for rubber landing pads will remain as-is.

QUESTION (27): Section B.3, 6.0 (Page 16): Level II Visa payment requirements. a. Merchant Service Companies have different requirements for Level II Visa payment processing. Would the government please provide clarification as to what they require as Level II Visa payment processing requirements?

ANSWER: Each vendor will need to coordinate directly with VISA to determine how best to accept Government Purchase Card Level II payments.

QUESTION (28): If a proposal is being submitted for both the North Central and South Central regions, can a combined proposal be submitted?

ANSWER: Yes, a combined proposal may be submitted.

QUESTION (29): Regarding the research the government performed in preparation for this solicitation.

a. Would the government please clarify if the price ceiling selected was based off more than one description type? i. For example, When searching via Sam.gov or other government data sites, descriptions such as “modular ramp system”, “ramp system”, “threshold ramps”, and “suitcase ramps” along with “ramp” are often used to describe the type of award.

ANSWER: The price ceiling is based on a number of factors relating to this requirement.

QUESTION (30): Please clarify if clause VAAR 852.219-76, VA Notice of Limitations on Subcontracting – Certificate of Compliance for Supplies and Products is required to be filled out and submitted with proposals.

ANSWER: Yes. Please review the clause thoroughly and fill out the specific portions of the clause that applies to the Offeror. Fill out the certification, sign it and return with the Offeror’s proposal. A separate copy of the clause is attached to this document for convenience.

VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219- 73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDBOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer. [Offeror fill-in—check each box below.]

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA.

or

[ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns.

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ________________________________________ Printed Title of Signee: _________________________________________ Signature: ___________________________________________________ Date: _____________________ Company Name and Address: ______________________________________

(End of clause)

End of Document