36C79118R0001-003.docx

FedBizOpps Amendment to a Previous Combined Solicitation

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* = Required Field FedBizOpps Amendment to a Previous Combined Solicitation Rev. March 2010 Weight Scales Amendment 2 - Correction of title on page 8, correct mis-stated dollar value on page 12, list questions and answers, address most frequently asked question 80401-5621 36C79118R0001 01-08-2018 N 339112 Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621 Denver Logistics Center 555 Corporate Circle Golden, CO 80401 josephine.helms@va.gov Josephine Helms, Contract Specialist 36C79118R0001 – Amendment 2 The purpose of this Amendment is to correct verbiage in the solicitation on page 8, correct a misstated dollar value on page 12, to list questions and answers regarding the solicitation, and to provide an explanation to the most frequently asked question of why this procurement has not been set aside.

On page 8 the title is listed as Section B – Continuation of SF 1449 Blocks. This is a combined synopsis/solicitation therefore, does not require an SF 1149 and does not include an SF 1449. The title should read Section B only. Per this Amendment the title on page 8 will be known as Section B.

On page 12, B.3 Guaranteed Minimum states, “In the event that the minimum is not ordered, by the expiration date of the contract, the Government will pay (upon request) the difference between the amount ordered and $1,000.” The dollar amount should read $5,000 dollars. The guaranteed minimum for each line item is $5,000. Per this Amendment the sentence shall read as follows: In the event that the minimum is not ordered by the expiration date of the contract, the Government will pay (upon request) the difference between the amount ordered and $5,000.

Several questions have been received from interested parties regarding this solicitation. The questions that have been received as well as the answers given to those questions are listed below.

Questions and Answers – 36C79118R0001 – Weight Scales 1.

Q: We are a certified SDVOSB and have the capability to fill this requirement. Does this mean it becomes an SDVOSB set aside? (See below) A: This procurement is full and open and will remain full and open. Market research has concluded that the types of weight scales we require are not end products manufactured by two or more domestic small businesses. Please feel free to submit a proposal. (See below) 2.

Q: Would you consider a Small Business Set Aside? We have supplied scales to you in the past and I know there are numerous small business[es] that can supply these scales both FSS and Open Market.

A: This procurement is full and open and will remain full and open. Market research has concluded that the types of weight scales we require are not end products manufactured by two or more domestic small businesses. Please feel free to submit a proposal. (See below) 3.

Q: Do you have any preferred brands or models? We distribute for NDC/Medplus and Medline. We have several brands and models available.

A: All products proposed must be TAA compliant. There is no brand preference.

4.

Q: I thought the Supreme Court decision was based on if an SDVOSB was capable of procuring them? The whole point of their decision was that big companies were squeezing out the small businesses like mine despite the VA guidelines. The ruling was to prevent this and help SDVOSBs, wasn't it?

A: Please see solicitation Amendment 2 on FedBizOpps for the answer to this question. (See below)

5.

Q: If I am reading this correctly, which I hope I am, this is not a SDVOSB/VOSB set aside. It’s just a small business set aside? I actually hope it’s just a SB set aside - is that correct?

A: This procurement is full and open. (See below) 6.

Q: Regarding the subject RFQ; in multiple places within the solicitation it mentions a due date of 11/17/2017 (which doesn’t make sense since it wasn’t even posted until yesterday (12/06/2017), but the FBO front page shows a due date of 12/06/2017 (which is yesterday and the same day it was posted), so I’m just trying to confirm what the actual due date is, and if we can still submit a quote as a SDVOSB?

A: I need to do an Amendment to fix the due date in the solicitation. You said there are multiple places but I only found one where it says 11-17 (page 5 under number 14) so if you could tell me where the other places are I can use that for the Amendment. The FBO front page from what I am seeing lists the response date as January 8, 2018 both on the website and in the attached document. If you could point out where you see a different date that would be helpful as well. The response due date is January 8, 2018.Businesses concerns of any size are welcome to submit proposals. (An Amendment was posted to correct the response date stated in item 14) 7.

Q: What is the time it’s due by, please?

A: Proposals are due by 11:59pm MST. *(Please note that the date of January 8, 2018 was clarified in a previous question with this same interested party) 8.

Q: In regard to the solicitation mentioned, did we miss the individual specifications for each of the units, ie - Clin #1 to Clin #8 - in this solicitation? Also, if all or any of these units have been bid in the past two (2) years, may we request the most recent purchase information, ie - unit price, fob point, delivery ARO, any special payment terms, etc? (Company Name) is a SMALL BUSINESS, in continuous business for over 50 years without the assistance of any special government consideration financially and not classified as 8a, women owned. Would you consider labeling this buy as a SMALL BUSINESS set aside - please?

A: Interested party answered the first part of the question in a separate communication. (Upon further review of the paperwork, we found the specifications on pages #10 and #11 of the 79 page solicitation) --Thank you for letting me know that you found the specifications for the CLINs in the solicitation attached to the FBO announcement.

In the past the scales that have been purchased were purchased as open market one-time buys. Those were FOB destination, delivery within 10 days ARO, and payment through Tungsten. We do not have previous history for the scales we are procuring now as described in 36C79118R0001 as this is a new procurement with new specifications.

This solicitation is for a 5 year IDIQ contract. It is not a one-time buy. This solicitation is full and open and will not be reclassified as a small business set-aside. Please see solicitation Addendum 2 on FedBizOpps for an explanation of why this procurement is full and open. (See below) 9.

Q: Can you confirm that Solicitation 36C79118R0001 is an active solicitation? I’m asking the questions because we became aware of the solicitation via one of our “bid services”. When I look for the solicitation on FBO, I can’t find it.

A: 36C79118R0001 is an active solicitation. Please use the link below to access the solicitation.

https://www.fbo.gov/index?s=opportunity&mode=form&id=cfabe078695a8ee2e08b85c315a3c91d&tab=core&_cview=0

The most frequently asked question regarding this solicitation (in various forms) is regarding why this procurement is not a small business set aside. Please see the information below regarding why this procurement has not been set aside.

Regarding Socioeconomic Set-Asides

In a June 16, 2016 opinion, a unanimous Supreme Court held that small business contracting set-asides imposed by the Veterans Benefits, Health Care, and Information Technology Act of 2006 (the “2006 Act,” codified at 38 U.S.C. § 8127) are mandatory, apply even when the VA has already met its annual small business contracting goals, and extend to Federal Supply Schedule (FSS) purchase orders. See Kingdomware Techs. v. United States, No. 14-916, 597 U.S. ___ (June 16, 2016). 38 U.S.C. § 8127 (d) USE OF RESTRICTED COMPETITION states “contracting officer of the Department shall award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans if the contracting officer has a reasonable expectation that two or more small business concerns owned and controlled by veterans will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States.”

13 CFR 121.606 How does a small business concern qualify to provide manufactured products or other supply items under a small business set-aside, service disabled veteran owned small business, HUBZone, WOSB, or EDWOSB, or 8(a) contract?

(a)General. In order to qualify as a small business concern for a small business set-aside, service-disabled veteran-owned small business set-aside or source contract, HUBZone set-aside or sole source contract, WOSB or EDWOSB set-aside or sole source contract, 8(a) set-aside or sole source contract, partial set-aside, or set aside of an order against a multiple award contract to provided manufactured products or other supply items, an offeror must either:

(1) Be the manufacturer or producer of the end item being procured (and the end item must be manufactured or produced in the United States); or

(2) Comply with the requirements of paragraph (b), (c) or (d) of this section as a nonmanufacturer, a kit assembler or a supplier under Simplified Acquisition Procedures.

(b)Nonmanufacturers.

(1) A firm may qualify as a small business concern for a requirement to provide manufactured products or other supply items as a nonmanufacturer if it:

(i) Does not exceed 500 employees;

(ii) Is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied;

(iii) Takes ownership or possession of the item(s) with its personnel, equipment or facilities in a manner consistent with industry practice; and

(iv) Will supply the end item of a small business manufacturer, processor or producer made in the United States, or obtains a waiver of such requirement pursuant to paragraph (b)(5) of this section.

Based on our Market Research, there are not two or more known SDVOSBs that can furnish the end product of two independent domestic small business manufactures.