36C79119R0009-0006000.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. 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 CODE

CODE

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) 09-12-2019 Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden

CO

80401-5621 Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden

CO

80401-5621 To all Offerors/Bidders

36C79119R0009 07-16-2019

X X

X

1. This amendment transmits the second round of questions and answers regarding the solicitation.

2. Offerors are not required to sign and return this amendment but ARE requuired to acknowledge it in their proposals.

Miguel Vasquez Contracting Officer

CONTINUATION PAGE

Questions and Answers Solicitation Number: 36C79119R0009 Positive Airway Pressure Devices and Associated Accessories/Replacement Parts, Facial Interfaces and Mask Liners Amendment 6 September 12, 2019

1. Question: The DLC previously answered questions stating that accessories and replacement parts will be ordered separately from device. In addition, the fair opportunity exception has been applied to the solicitation (exception to the FAR 16.505 (b)(2)(i)(B) applied to all order in answer #16. Being that accessories and replacement parts are universal across multiple CLINs and the agency has stated that it foresees that procurement will be a multiple award. How does the agency plan to allocate the selection of replacement parts fairly among all awards of the exact make and model accessories? Since this contract is removing federal law requiring fair competition what system has or will the DLC put in place eliminate and prevent the sole sourcing of multiple awarded items being source through one vendor? For example, the accessories for CLIN 01, CLIN 02, CLIN 03A, CLIN 03B, CLIN 03C, CLIN 04 are the same across all CLIN by brand name. If different vendors are awardee these CLIN numbers, it will cause duplicates awards of all accessories for these CLINs. With the fair opportunity federal regulation removed and accessories being procured separately from awardee CLIN what will prevent unfair distribution of award of accessories?

Answer: In accordance with section E.9 52.212-2 “EVALUATION – COMMERCIAL ITEMS” of amendment 4 of the solicitation, a specific make and model accessory or replacement part will only be awarded to one offeror. The successful offeror will be the one offering the item(s) at the lowest price.

2. Question: The DLC previously answered questions stating that accessories and replacement parts will be ordered separately from devices. In addition, the fair opportunity exception has been apply to the solicitation (exception to the FAR 16.505 (b)(2)(i)(B) applied to all order. Being that accessories and replacement parts are universal across multiple CLINs and the agency has stated that it foresee that procurement will be a multiple award. Since this contract is removing federal law requiring fair competition what system has or will the DLC put in place eliminate and prevent the sole sourcing of multiple awarded items being source through one vendor?

Answer: Please see question #1.

3. Question: The DLC previously answered questions stating that accessories and replacement parts will be ordered separately from devices. In addition, the fair opportunity exception has been applied to the solicitation (exception to the FAR 16.505 (b)(2)(i)(B) applied to all order in answer #16. Being that accessories and replacement parts are universal across multiple CLINs and the agency has stated that it foresees that procurement will be a multiple award. How does the agency plan to allocate the selection of replacement parts fairly among all awards of the exact make and model accessories? Since this contract is removing federal law requiring fair competition what system has or will the DLC put in place eliminate and prevent the sole sourcing of multiple awarded items being source through one vendor? For example, the accessories for CLIN 01, CLIN 02, CLIN 03A, CLIN 03B, CLIN 03C, CLIN 04, CLIN 05, CLIN 06, CLIN 07, CLIN 08, CLIN 09 are the same across all CLIN by brand name. If different vendors are awarded these CLIN numbers, it will cause duplicate awards of all accessories for these CLINs. With the fair opportunity federal regulation being removed and accessories being procured separately from awarded CLINs, what will prevent unfair distribution of awarded of accessories?

Answer: Please see question #1.

4. Question: Please clarify your answer to question 5. Does this mean Clinicians, and/or their local prosthetic representatives will put a "request for supplies" in to the Warrant Contracting Officer and then Contracting Officer will place an order with DLC or SDC for the awarded items?

Clinicians and/or their local prosthetic representatives will use the DLC’s ROES system to order from stock maintained at the SDC. The items that are ordered via ROES will be shipped out from the Hines Facility. CSAS contracting officers or designated ordering officers at the DLC or SDC will then order supplies to restock depleted inventories. Only CSAS contracting officers or designated ordering officers will order supplies off of the resulting PAP awards.

5. Question: Answer 16#: "In accordance to Section B.9 of the solicitation, as a result of the individual needs of the Veteran patients, the exception at FAR 16.505 (b)(2)(i)(B) applies to all orders placed under this contract. This exception states: “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized”. Thus, after award, individual orders for these highly specialized items will be based on the unique circumstances and medical needs of each patient." This statement is not accurate in relationship to this procurement. Please consider the fact the accessories for CLIN 01, CLIN 02, CLIN 03A, CLIN 03B, CLIN 03C, CLIN 04, CLIN 05, CLIN 06, CLIN 07, CLIN 08, CLIN 09 are the same across all CLIN by brand name. If different vendors are awardee these CLIN numbers it will cause duplicates awards of all accessories for these CLINs. This will make the statement that “Only one awardee is capable" moot, because there is a potential that multiple awardees will be awarded the exact same accessories.

Answer: See Question #1.

6. Question: Under this contract will the awardees be obligated to ship to alternate address (i.e. patient homes)? This information is critical because shipping cost is absorbed by awardee in the contract and this information is required by all potential bidders to ensure the bidding price is inclusive of all potential fees that will be incurred by the awardee. Please note: Carriers charges a surcharge for lift gate service and inside delivery as a standard commercial practice.

Answer: The solicitation makes no mention of an alternate address. Please see Section B.16 for the address that shipment of products will be made to. All products will be delivered to the Department of Veterans Administration, Service and Distribution Center: 1st Ave; One Block North of 22nd Cermak, Building 37 Hines, IL 60141.

7. Question: Is there a minimum order limit through the ROES systems? This information is critical because shipping cost is absorbed by awardee in the contract and this information is required by all potential bidders to ensure the bidding price is inclusive of all potential fees that will be incurred by the awardee.

Answer: Please see question #4. Refer to Section C.5 52.216-19 “Order Limitation”. In accordance with 52.216-19, when the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

8. Question: Will this contract only be for orders above the micro purchase limit $10,000? This information is critical because shipping cost is absorbed by awardee is the contract and this information is required by all potential bidders to ensure the bidding price is inclusive of all potential fees that will be incurred by the awardee.

Answer: Please see questions 4 and 7.

9. Question: The DLC is requesting a 100% credit and no restocking fee for returned products. If items are requested and delivery as ordered, it would appear that this request is overly burdensome to the awarded contractor. The awardee would have incurred the original shipping cost and packaging cost and would have to bare the reshipping of the replacement part. Would the DLC consider allowing standard commercial practice to be utilized in lieu of the automatic 100% credit? Please Note: This procurement is a Small Business Set Aside & Service Disable Veterans Small Business Set Aside and appears overly burdensome to require small businesses to absorb cost that are outside of normal commercial business practices.

Answer: The substitute product will only be considered if the contracted product becomes obsolete and the substitute is a direct replacement for that product in the manufacturer’s product line. The Government is willing to increase the price of the upgraded item if the new (additional features) actually benefit the Government/patient.

10. Question: DLC has maximum value of supplies that the Government may order during the contract performance period is $5 Billion, however the TAA clause has been excluded. FAR 25.1101 Acquisition of supplies required the insertion of 52.225-5, Trade Agreements, in solicitations and contracts valued at $180,000; or more, if the acquisition is covered by the WTO GPA (see subpart 25.4) and the agency has determined that the restrictions of the Buy American statute are not applicable to U.S.-made end products. If the agency has not made such a determination, the contracting officer must follow agency procedures. Please confirm that the value of this contract does not exceed $180,000 or amend solicitation to include Trade Agreement act.

Answer: This procurement is set aside for Small Business. More specifically, a cascading tiered evaluation for SDVOSB, VOSB, or Small business will be utilized. The TAA does not apply to Small Business Set Asides.

11. Question: Given that the VA has several other contract vehicles to acquire PAP devices, all with less administrative and transaction costs to the VA. Will the agency explain its justification for this contract vehicle?

Answer: This question is not relevant to the solicitation. The purpose of the question and answer period is to provide prospective offerors the opportunity to submit questions/comments regarding the solicitation.

12. Question: The solicitation requires that offerors submit proposals by September 24, 2019. Given the volume of clarification to the RFP, we request that the agency extend the submission deadline.

Answer: The submission deadline for proposals will not be extended.

13. Question: Given that the VA has several other contract vehicles to acquire PAP devices at net upfront cost. This contract is a cost-plus contract structure. Meaning DLC will now be absorbing additional customer service requirements that comes with the distribution of these items, shipping cost and packaging cost. It would appear the gross cost of these products through this procurement channel will be greater than the current procurement channels. With this in mind please explain the agency's justification for this contract vehicle?

Answer: This question is not relevant to the solicitation. The purpose of the question and answer period is to provide prospective offerors the opportunity to submit questions/comments regarding the solicitation.

14. Question: The solicitation is unclear regarding what level of documentation and proposal response is needed to demonstrate compliance with the MTRs, and whether a failure to demonstrate in the proposal that a product satisfies all of the MTRs will result in the proposal being deemed technically unacceptable. In some places the solicitation refers to the MTRs as mandatory, but in other places indicates the failure to demonstrate compliance with the MTRs may lead the proposal to be deemed technically unacceptable. Please clarify whether each of the MTRs is mandatory or if a product could be considered technically acceptable based on meeting some, but not all, of the MTRs. And, will VA treat a product more favorably in the evaluation depending on how many of the MTRs it satisfies?

Answer: The Minimum Technical Requirements must be met in order to be considered for award.

15. Question: We want to confirm our understanding that inclusion of FAR 52.225-1 and FAR 52.225-3 prohibits Chinese and other nondesignated foreign end products. See FAR 52.225-3(c), which states that the contractor shall deliver only domestic end products or Free Trade Agreement country end products as listed in the Buy American – Free Trade Agreements – Israeli Trade Act Certificate.

Answer: With regards to the Buy American Act, the VA will acquire only domestic end products for public use inside the United States except as provided in 25.103 and/or when a nonmanufacturing rule waiver applies.

16. The contract does not include the availability of funds FAR clause. As this is a multi-year IDIQ, why was no availability of funds clause included?

Answer: This procurement is not being procured as a multi-year IDIQ contract (s), nor will products be acquired with appropriated funds.

17. Question: Why was past performance removed as an evaluation factor? Depending on the government’s response to questions concerning the BAA and FTA country end products, it seems even more important now to ensure VA assesses the past performance of offerors that may be offering products that are not on the approved product list and may not be among the common products VA typically acquires.

Answer: Past performance evaluation is not necessary in this LPTA procurement. Additionally, all products will be evaluated to ensure that they meet the MTRs of the solicitation. Any items offered on the Approved Product List will not require technical approval as they are already vetted through the VA.

18. Was FAR 52.225-5 Trade Agreement intentionally left off the solicitation? If so, wouldn’t the size of this contract bring the TAA into play?

Answer: This procurement is set aside for Small Business. More specifically, a cascading tiered evaluation for SDVOSB, VOSB, or Small business will be utilized. The TAA does not apply to Small Business Set Asides.

19. Does the DLC, SDC, and all other potential delivery addresses have a lift gate at the receiving area? This information is critical because shipping cost is absorbed by awardee in the contract and this information is required by all potential bidders to ensure the bidding price is inclusive of all potential fees that will be incurred by the awardee. Please note: Carriers charges a surcharge for lift gate service and inside delivery as a standard commercial practice.

Answer: Hines has standard docks that can accept most shipments coming in on a semi. The vertical range is 48 to 52 inches. Additionally, please see question #6.

20. Question: Is delivery acceptance Dock to Dock and no inside delivery is required at the DLC, SDC, and all other potential delivery addresses? This information is critical because shipping cost is absorbed by awardee in the contract and this information is required by all potential bidder to ensure the bidding price is inclusive of all potential fees that will be incurred by the awardee. Please note: Carriers charges a surcharge for lift gate service and inside delivery as a standard commercial practice.

Answer: The delivery is dock to dock. No inside delivery needed. The delivery docks also have the standard offloading equipment.

Nothing Follows.