36C79119R0009-0010000.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 NUMBERE

D 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 amendmen t, 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) 10-10-2019 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 10-10-2019

X X X

X PROJECT TITLE: Positive Airway Pressure Devices and Accessories PURPOSE OF AMENDMENT: 1. To revise or remove language from solicitation ADJUSTMENT IN PERFORMANCE PERIOD: Not Applicable DESCRIPTION OF CHANGES:1) a. Delete B.22 Technology Refresh and Exchange

b. De lete E.9 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) and Replace with new language 2.

To revise the Amendment P0004 for clerical errors

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

Miguel Vasquez Contracting Officer

The purpose of this amendment is to make the following changes:

1. To revise or remove language from solicitation

a. Delete B.22 Technology Refresh and Exchange

b. Delete E.9 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) and Replace with new language

2. To revise the Amendment P0004 for clerical errors

1. The following language in Section B.22 is hereby deleted:

B.22 TECHNOLOGY REFRESH AND EXCHANGE

TECHNOLOGY REFRESH AND EXCHANGE

(a) All items/devices offered shall be state-of-the-art technology. State-of-the-art is defined as Products in current production that are currently available from the manufacturer. Obsolete components and products are not acceptable.

(b) In the event a manufacturer announces that contract products, devices, and parts are to be upgraded or discontinued, or are discontinued within the first year of contract award or the first six months of any exercised option period, the contractor shall propose a replacement item that meets or exceeds the contract requirements. The VA CSAS and the contractor shall agree on a fair and reasonable price for the replacement item.

(c) If upgrades become available after award of this contract, the contractor or the Contracting Officer may request that the upgraded items be substituted for the obsoleted item in the contract. The contractor will add or substitute them for the awarded items following evaluation and approval by the technology refresh process.

(d) During the technology refresh process, the contractor shall provide the following information to the Contracting Officer:

(i) A list of specific awarded items that the contractor proposes to update.

(ii) Product literature for the new item(s), a detailed description of the differences between the awarded item(s) and the new items(s) and a specific analysis of the comparative advantages and disadvantages of the new item(s).

(iii) A pricing proposal for the proposed substituted items.

(e) If the Contracting Officer agrees to any substitution, a bilateral contract modification adding the upgraded items to the contract shall be required prior to any orders placed for the new item.

(f) New technology products shall be available for a period of no less than one year.

2. The following language in Section E.9 is hereby deleted:

E.9 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

(a) The Government intends to award multiple contracts resulting from this solicitation. Award will be made on the basis of Lowest Price, Technically Acceptable Product(s). Any items offered on the Approved Product List will not require technical approval as they are already vetted through the VA. For Items not already included within the “Approved Product List”, the following steps shall be taken to evaluate the offers.

The technical evaluation will be conducted during Phase I. Offerors may propose and may receive an award on one or more CLIN(s) for various makes and models of PAP device(s) and/or Facial Interface(s) make and model offered. Please note: Models of any particular make of device or Facial Interface must be distinguishable from another model i.e., product number, model name. The evaluation will be conducted in two phases. The initial screening and technical evaluation will be conducted during Phase I. The price evaluation will be conducted in Phase II.

As defined in this solicitation, a “Make” refers to the manufacturer or company of the product. A “Model” refers to the specific name or number given to a product by its manufacturers. For example, Resmed is a Make and a ResMed AirSense ™ 10 Elite CPAP Machine with Heated Humidifier is a Model of Resmed.

Please Note: Only one award will be made for any specific model of a PAP device per Make. Only one award will be made for any specific model of a Facial Interface per Make. There will be no award considered for associated accessories and replacement parts unless an award is made for a corresponding PAP device. There will be no award considered for replacement parts unless an award is made for a corresponding Facial Interface.

PAP DEVICES: The Government anticipates multiple awards resulting from this solicitation for the following types of PAP devices.

There may be a maximum of nine (9) models awarded for each MAKE offered for CLINs 01 thru 04, with a maximum of thirty-six (36) models of various MAKES per CLIN.

CLIN 01: Auto-Titrating Continuous Positive Airway Pressure (APAP) Machine;

CLIN 02: Adaptive Servo-Ventilation (ASV) Machine;

CLIN 03A Bi-Level Positive Airway Pressure (BPAP) Machine (without spontaneous-timed(S/T) capabilities);

CLIN 03B Bi-Level Positive Airway Pressure (BPAP) Machine (with spontaneous-timed(S/T) capabilities);

CLIN 03C Bi-Level Positive Airway Pressure (BPAP) Machine (Auto titrating);

CLIN 04: Volume Assured Pressured Support (VAPS) Machine.

FACIAL INTERFACES: The Government anticipates multiple awards resulting from this solicitation for the following types of Facial Interfaces.

As defined in this solicitation, a “Make” refers to the manufacturer or company of the product. An “Item or Product Number” refers to the specific item or product number given to a product by its manufacturers. For example, RemZzzs is a Make and an AirTouch F20 Memory Foam Mask with Headgear is a Model of Resmed.

There may be a maximum of twelve (12) models awarded for each MAKE offered for CLINs 05 thru 09, with a maximum of forty-eight (48) models of various MAKES per CLIN.

CLIN 05: Full Face Interfaces;

CLIN 06: Nasal Interfaces;

CLIN 07: Oral Interfaces;

CLIN 08: Nasal Pillow Interfaces;

CLIN 09: Total Facial Interfaces.

MASK LINERS: The Government anticipates multiple awards resulting from this solicitation for Mask Liners. There may be up to four (4) awards per CLIN 10 for Mask Liners.

As defined in this solicitation, a “Make” refers to the manufacturer or company of the product. An “Item or Product Number” refers to the specific item or product number given to a product by its manufacturers. For example, RemZzzs is a Make and IP10-NS is an Item or Product Number for this RemZzzs mask Liner.

CLIN 10: Mask Liners.

The Government reserves the right not to make an award on any or all CLINs. The Government reserves the right to determine how many awards it will make per CLIN, which may be less than the maximum number of awards identified in the solicitation.

(1) DESCRIPTION OF EVALUATION PROCEDURES:

INITIAL SCREENING

PAP DEVICES: In an initial screening of offers, the lowest total price for each offered make and model will be determined. The purpose of the initial screening is to determine which offered product will be submitted for technical evaluation. Evaluation of price for a fair and reasonable determination will only be conducted in Phase II of the evaluation process. The lowest total evaluated price for each offered make and model of PAP device will be determined by multiplying the unit prices with the estimated quantities for the base and each option period.

Up to the lowest nine (9) MODELS for each MAKE offered per CLIN, will be subjected to an evaluation to determine if the offered item is Technically Acceptable.

FACIAL INTERFACES: In an initial screening of offers, the lowest total evaluated price for each offered make and model will be determined. The purpose of the initial screening is to determine which offered product will be submitted for technical evaluation. Evaluation of price for a fair and reasonable determination will only be conducted in Phase II of the evaluation process. The lowest total evaluated price for each offered make and model of Facial Interface will be determined by multiplying the unit prices with the estimated quantities for the base and each option period. Please refer to Attachment E “Pricing Schedule” for examples of how the lowest evaluated price will be determined for each Facial Interface CLINs (0005-0009)

Up to the lowest twelve (12) MODELS for each MAKE offered per CLIN, will be subjected to an evaluation to determine if the offered item is Technically Acceptable.

MASK LINERS: In an initial screening of offers, the lowest total evaluated price for offered Mask Liners will be determined. The purpose of the initial screening is to determine which offered Mask Liners products will be submitted for technical evaluation. Evaluation of price for a fair and reasonable determination will only be conducted in Phase II of the evaluation process. There will be a maximum of four (4) awards for Mask Liners. Each award will consist of various Makes of Mask Liners (consisting of the 17 sizes or equivalent sizes of Mask Liners for Nasal, Full Face, Nasal Pillow, and Total Face Mask) of various sizes described in Attachment E “Price Schedule”. The lowest total evaluated price for offered Mask Liners will be determined by multiplying the offered unit prices by the estimated quantities for the base and each option period and summing the total price of mask liners offered. To be considered for award for mask liners all 17 sizes or equivalent sizes , as listed in Attachment E “Price Schedule”, must be offered.

Up to the lowest four (4) offered products for Mask Liners (consisting of the 17 sizes or equivalent sizes of Mask Liners for Nasal, Full Face, Nasal Pillow, and Total Face Mask) will be submitted for technical evaluation.

The lowest priced offered for a CLIN under this solicitation will be subjected to an evaluation that will be conducted to determine whether the offered item are Technically Acceptable.

Associated Accessories/Replacement Parts: The prices for offered associated accessories/replacement parts will be excluded from the initial screening price evaluation.

Each offered make and model of PAP device and/or Facial Interface and/or Mask Liner Products determined to be the lowest price will be evaluated on a technically acceptable/technically unacceptable basis. Additionally, accessories/replacement parts that are compatible with the lowest priced PAP devices that are being considered for award will also be evaluated on a technically acceptable/technically unacceptable basis. To be considered for award, a product must be determined to be technically acceptable during Phase I. The product will proceed to Phase II only if found to be technically acceptable in Phase I. Phase II will consist of Price evaluation.

If the lowest priced product is found to be technically acceptable, the price will be evaluated in Phase II. In Phase II, prices for the PAP devices, Facial Interfaces, Mask Liners, and all accessories/replacement parts will be evaluated for products being considered for award to determine the lowest evaluated price.

If, however, the lowest priced offered model and make is evaluated as not Technically Acceptable during Phase I, the next lowest price Make and Model offered will be evaluated. If the lowest priced offered make and model is evaluated as Technically Acceptable, the next lowest priced make and model offered will be evaluated. This process will continue until a technically acceptable offer from a vendor is identified for each offered make and model of PAP device and/or Facial Interface.

There will be no award considered for accessories and/or replacement parts unless an award is made for a corresponding PAP Device CLIN or Facial Interfaces. For example, an award for associated accessories and replacement parts (i.e., Chin Straps, Filters, Tubing, Humidifier Water Chamber, SD Cards, Power Chords, Power Supply) will only be considered for CLIN 0001 if a PAP device is awarded for CLIN 0001. And as an example, for CLIN 0005, an award for replacement parts (i.e., Cushions) will only be considered for CLIN 0005 if a Facial Interface is awarded.

Please note: 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.

CASCADING TIERED EVALUATIONS IS LIMITED TO SDVOSB, VOSB, or SMALL BUSINESS

(1) The VA will evaluate the offers, if any, submitted by SDVOSB concerns that meet the requirements of the solicitation.

If the following desired number of MAKES and MODELS per CLIN of PAP Devices and Facial Interfaces and desired awards for Mask Liners are not reached, the VA may proceed to set-aside for VOSB concerns for the remainder of Make and Models of PAP Devices and Facial Interfaces and awards for Mask Liners that were not awarded at the SDVOSB level.

PAP Devices: A maximum of nine (9) models awarded for each MAKE offered per CLIN, with a maximum of thirty-six (36) models of various MAKES per CLIN.

Facial Interfaces: A maximum of twelve (12) models awarded for each MAKE offered per CLIN, with a maximum of forty-eight (48) models of various MAKES per CLIN.

Mask Liners: A maximum of four (4) awards for Mask Liners.

Similarly, if no offers were submitted by SDVOSB concerns and/or none of the offers would result in award at a fair and reasonable price for a particular per CLIN of PAP Devices, Facial Interfaces, and desired awards for Mask Liners that offers best value to the United States; the VA will withdraw the SDVOSB set-aside after making the awardable makes and models and proceed to the set-aside for VOSB concerns for the make and models that were not awarded at the SDVOSB level.

(2) The VA will evaluate the offers, if any, submitted by VOSB concerns that meet the requirements of the solicitation.

If the following desired number of MAKES and MODELS per CLIN of PAP Devices and Facial Interfaces and desired awards for Mask Liners are not reached, the VA may proceed to set-aside for Small Business Concerns for the remainder of Make and Models of PAP Devices and Facial Interfaces and awards for Mask Liners that were not awarded at the VOSB level.

PAP Devices: A maximum of nine (9) models awarded for each MAKE offered per CLIN, with a maximum of thirty-six (36) models of various MAKES per CLIN.

Facial Interfaces: A maximum of twelve (12) models awarded for each MAKE offered per CLIN, with a maximum of forty-eight (48) models of various MAKES per CLIN.

Mask Liners: A maximum of four (4) awards for Mask Liners.

Similarly, if no offers were submitted by VOSB concerns and/or none of the offers would result in award at a fair and reasonable price for a particular Make and Model per CLIN of PAP Devices, Facial Interfaces, and desired awards for Mask Liners offers best value to the United States; the VA will withdraw the VOSB set-aside and proceed to the set-aside for other Small Business Concerns set forth in each subsequent tier.

(3) The VA will evaluate the offers, if any, submitted by Small Business Concerns that meet the requirements of the solicitation. If the following desired number of MAKES and MODELS per CLIN of PAP Devices and Facial Interfaces and desired awards for Mask Liners are not reached, the VA may resolicit as an unrestricted for the remainder of Make and Models of PAP Devices and Facial Interfaces and awards for Mask Liners that were not awarded at the Small Business Concern level.

PAP Devices: A maximum of nine (9) models awarded for each MAKE offered per CLIN, with a maximum of thirty-six (36) models of various MAKES per CLIN.

Facial Interfaces: A maximum of twelve (12) models awarded for each MAKE offered per CLIN, with a maximum of forty-eight (48) models of various MAKES per CLIN.

Mask Liners: A maximum of four (4) awards for Mask Liners.

Similarly, if no offers were submitted by Small Business concerns and/or none of the offers would result in award at a fair and reasonable price for a particular Make and Model per CLIN of PAP Devices, Facial Interfaces, and desired awards for Mask Liners that offers best value to the United States; cancel the solicitation and resolicit as an unrestricted procurement.

TECHNICAL EVALUATION

(i) Phase I: TECHNICAL EVALUATION (Acceptable / Unacceptable)

As explained above, the lowest priced offered items will be evaluated for conformance with the requirements of the solicitation (See Attachment D “Minimum Technical Requirements”). The offer will be evaluated to determine conformance to the documentation and descriptive literature and to determine whether the lowest priced products meet the solicitation’s minimum technical requirements and functions. This evaluation will result in a determination that the offered items are Technically Acceptable or Technically Unacceptable. All offered products that fail to provide sufficient evidence of compliance with the minimum technical requirements and functions may receive no further consideration. Offerors who offered items that are evaluated as technically acceptable will be submitted for an evaluation of price for a fair and reasonable determination.

PRICE

(ii) Phase II: PRICE

(A) The lowest total evaluated price for each offered make and model of PAP device and associated accessories, and replacement parts; and Facial Interface will be determined by multiplying the unit prices with the estimated quantities for the base and each option period.

(B) Award will be made based on the lowest evaluated price for each technically acceptable make and model of PAP devices and Facial Interfaces. Evaluation of option(s) shall not obligate the Government to exercise the option(s).

(C) Award will be made based on the lowest evaluated price for each technically acceptable Make and Model of Mask Liners. Evaluation of option(s) shall not obligate the Government to exercise the option(s).

(D) In accordance with FAR 15.404-1(b)(2), the Government may use various price analysis techniques and procedures to ensure a fair and reasonable price. This evaluation may include, but is not limited to, a comparison of the proposed price with prices proposed by other offerors, the Government’s estimate, consideration of current prices being paid for the same or similar products, current market conditions, as well as other relevant measures.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, 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 or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

Is hereby replaced with the following language:

E.9 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

(a) The Government intends to award multiple contracts resulting from this solicitation. Award will be made on the basis of Lowest Price, Technically Acceptable Product(s). Any items offered on the Approved Product List will not require technical approval as they are already vetted through the VA.

(b) CASCADING TIERED EVALUATIONS IS LIMITED TO SDVOSB, VOSB, or SMALL BUSINESS

(1) The VA will evaluate the offers, if any, submitted by SDVOSB concerns that meet the requirements of the solicitation. Award will be made at this level for all technically acceptable makes and models of all items if award can be made at a fair and reasonable price for each line item.

PAP Devices: A maximum of nine (9) models awarded for each MAKE offered per CLIN, with a maximum of thirty-six (36) models of various MAKES per CLIN.

Facial Interfaces: A maximum of twelve (12) models awarded for each MAKE offered per CLIN, with a maximum of forty-eight (48) models of various MAKES per CLIN.

Mask Liners: A maximum of four (4) awards for Mask Liners.

If the maximum number of awards per CLIN are not made at the SDVOSB level for any CLIN on PAP Devices, Facial Interfaces, and Mask Liners, the VA will withdraw the SDVOSB set-aside after making the awardable makes and models and proceed to the set-aside for VOSB concerns for the make and models that were not awarded at the SDVOSB level.

(2) The VA will evaluate the offers, if any, submitted by VOSB concerns that meet the requirements of the solicitation. Award will be made at this level for all technically acceptable makes and models of all items if award can be made at a fair and reasonable price for all line items.

PAP Devices: A maximum of nine (9) models awarded for each MAKE offered per CLIN, with a maximum of thirty-six (36) models of various MAKES per CLIN.

Facial Interfaces: A maximum of twelve (12) models awarded for each MAKE offered per CLIN, with a maximum of forty-eight (48) models of various MAKES per CLIN.

Mask Liners: A maximum of four (4) awards for Mask Liners.

(3) If the maximum number of awards per CLIN are not made at the initial SDVOSB and the additional VOSB level for any CLIN of PAP Devices, Facial Interfaces, and Mask Liners the VA will withdraw the VOSB set-aside after making the awardable makes and models and proceed to the set-aside for Small Business concerns for the make and models that were not awarded at either the SDVOSB nor the VOSB level. The VA will evaluate the offers, if any, submitted by small business concerns that meet the requirements of the solicitation. Award will be made at this level for all technically acceptable makes and models of all items that remain after the SDVOSB and VOSB awards if award can be made at a fair and reasonable price for all line items and it falls within the maximum of our contract awards as set forth above.

(c) PAP DEVICES: The Government anticipates multiple awards per line item resulting from this solicitation for the following types of PAP devices. As defined in this solicitation, a “Make” refers to the manufacturer or company of the product. A “Model” refers to the specific name or number given to a product by its manufacturers. For example, Resmed is a Make and a ResMed AirSense ™ 10 Elite CPAP Machine with Heated Humidifier is a Model of Resmed. Only one award will be made for any specific model of a PAP device per Make.

There may be a maximum of nine (9) models awarded for each MAKE offered for CLINs 01 thru 06, with a maximum of thirty-six (36) models of various MAKES per CLIN.

CLIN 01: Auto-Titrating Continuous Positive Airway Pressure (APAP) Machine;

CLIN 02: Adaptive Servo-Ventilation (ASV) Machine;

CLIN 03A Bi-Level Positive Airway Pressure (BPAP) Machine (without spontaneous-timed(S/T) capabilities);

CLIN 03B Bi-Level Positive Airway Pressure (BPAP) Machine (with spontaneous-timed(S/T) capabilities);

CLIN 03C Bi-Level Positive Airway Pressure (BPAP) Machine (Auto titrating);

CLIN 04: Volume Assured Pressured Support (VAPS) Machine.

OPTIONAL CLIN 05: Accessories and Replacement Parts- All Accessories and Replacement Parts must be compatible with the offered PAP devices for CLINS 1-4. There will be no award considered for Accessories and replacement parts unless an award is made for a corresponding PAP.

(d) FACIAL INTERFACES: The Government anticipates multiple awards resulting from this solicitation for the following types of Facial Interfaces.

As defined in this solicitation, a “Make” refers to the manufacturer or company of the product. An “Item or Product Number” refers to the specific item or product number given to a product by its manufacturers. For example, RemZzzs is a Make and an AirTouch F20 Memory Foam Mask with Headgear is a Model of Resmed.

There may be a maximum of twelve (12) models awarded for each MAKE offered for CLINs 06 thru 011, with a maximum of forty-eight (48) models of various MAKES per CLIN.

CLIN 06: Full Face Interfaces;

CLIN 07: Nasal Interfaces;

CLIN 08: Oral Interfaces;

CLIN 09: Nasal Pillow Interfaces;

CLIN 10: Total Facial Interfaces.

CLIN 11 Offer your replacement parts that are part of items offered in CLINS 06-11. There will be no award considered for replacement parts unless an award is made for a corresponding Facial Interface.

(e) MASK LINERS: The Government anticipates multiple awards resulting from this solicitation for Mask Liners. There may be up to four (4) awards per CLIN 14 for Mask Liners.

As defined in this solicitation, a “Make” refers to the manufacturer or company of the product. An “Item or Product Number” refers to the specific item or product number given to a product by its manufacturers. For example, RemZzzs is a Make and IP10-NS is an Item or Product Number for this RemZzzs mask Liner.

CLIN 14: Mask Liners.

DESCRIPTION OF EVALUATION PROCEDURES:

INITIAL SCREENING

PAP DEVICES: In an initial screening of offers, the lowest total price at the appropriate cascade level for each offered make and model will be determined. The purpose of the initial screening is to determine which PAPs will be submitted for technical evaluation.

Up to the lowest nine (9) MODELS for each MAKE offered per CLIN will be subjected to a technical evaluation to determine if the offered item is Technically Acceptable.

FACIAL INTERFACES: In an initial screening of offers, the lowest total evaluated price at the appropriate cascade level for each offered make and model will be determined. The purpose of the initial screening is to determine which offered product will be submitted for technical evaluation

Up to the lowest twelve (12) MODELS for each MAKE offered per CLIN will be subjected to an evaluation to determine if the offered item is Technically Acceptable.

MASK LINERS: In an initial screening of offers, the lowest total evaluated price at the appropriate cascade level for offered Mask Liners will be determined. The purpose of the initial screening is to determine which offered Mask Liners products will be submitted for technical evaluation. There will be a maximum of four (4) awards for Mask Liners. Each award will consist of various Makes of Mask Liners (consisting of the 17 sizes or equivalent sizes of Mask Liners for Nasal, Full Face, Nasal Pillow, and Total Face Mask) of various sizes described in Attachment E “Price Schedule”. The lowest total evaluated price for offered Mask Liners will be determined by multiplying the offered unit prices by the estimated quantities for the base and each option period and summing the total price of mask liners offered. To be considered for award for mask liners, all 17 sizes or equivalent sizes , as listed in Attachment E “Price Schedule”, must be offered.

Up to the lowest four (4) offered products for Mask Liners (consisting of the 17 sizes or equivalent sizes of Mask Liners for Nasal, Full Face, Nasal Pillow, and Total Face Mask) will be submitted for technical evaluation.

Associated Accessories/Replacement Parts: The prices for offered associated accessories/replacement parts will be excluded from the initial screening price evaluation. If multiple PAPs or Facial Interface awardees offer the same accessory or replacement part, then the lowest total price, at the appropriate cascading level, for each offered Make and Model will be determined. These are optional items and will only be awarded if the VA determines the pricing is fair and reasonable. In other words, not all accessories or replacement parts may be awarded and other than in the case of the identical items being offered by two awardees there is no intent to compete these items.

Up to one (1) MODEL for each MAKE offered per CLIN for associated Accessories/Replacement parts will be subjected to an evaluation to determine if the offered item is Technically Acceptable.

TECHNICAL EVALUATION

Phase I: TECHNICAL EVALUATION (Acceptable / Unacceptable)

As explained above, the lowest priced offered items will be evaluated for conformance with the requirements of the solicitation (See Attachment D “Minimum Technical Requirements”). The offered CLINs will be evaluated to determine conformance to the documentation and descriptive literature and to determine whether the lowest priced products meet the solicitation’s minimum technical requirements and functions. This evaluation will result in a determination that the offered items are Technically Acceptable or Technically Unacceptable. All offered products that fail to provide sufficient evidence of compliance with the minimum technical requirements and functions may receive no further consideration. Offerors who offered items that are evaluated as technically acceptable will be submitted for an evaluation of price for a fair and reasonable determination.

Phase II: PRICE

A. The lowest total evaluated price for each offered make and model of CLINS 1-4 and 6-10 will be determined by multiplying the unit prices with the estimated quantities for the base and each option period.

B. Award will be made based on the lowest evaluated price for each technically acceptable make and model of PAP devices and Facial Interfaces and mask liners Evaluation of option(s) shall not obligate the Government to exercise the option(s).

C. In order to receive an award on CLINs 0005 and 0011 to supply accessories or replacement parts, you have to be awarded a PAPs or Facial Interface contract. For example, an award for associated accessories and replacement parts (i.e., Chin Straps, Filters, Tubing, Humidifier Water Chamber, SD Cards, Power Chords, Power Supply) will only be considered for CLIN 0001 if a PAP device is awarded for CLIN 0001. And as an example, for CLIN 0006, an award for replacement parts (i.e., Cushions) will only be considered for CLIN 0010 if a Facial Interface is awarded.

D. If multiple PAPs or Facial Interface awardees offer the same accessory or replacement part, then those accessories and replacement parts will be awarded on a LPTA basis after determining that the price is fair and reasonable. Multiple offers for such could occur for instance if separate offerors were awarded different models of a particular Maker’s product line and the replacement parts were interchangeable within the models. In that rare instance, only the lowest price interchangeable part would be awarded. The pricing of the accessories and replacement parts is not being considered in determining the line item 1-4 and 6-10 awardees but will be reviewed to determine whether it is fair and reasonable.

E. In accordance with FAR 15.404-1(b)(2), the Government may use various price analysis techniques and procedures to ensure a fair and reasonable price. This evaluation may include, but is not limited to, a comparison of the proposed price with prices proposed by other offerors, the Government’s estimate, consideration of current prices being paid for the same or similar products, current market conditions, as well as other relevant measures.

F. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, 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 or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

2. The following language in Amendment P0004 Number 11 is hereby deleted:

11. The following language in Section C.1 (h) is deleted:

Is hereby replaced with the following language:

11. The following language in Section E.1 (h) is deleted:

3. The following language in Amendment P0004 Number 12 is hereby deleted:

12. The following language in Section E.4 (d) is deleted:

Is hereby replaced with the following language:

12. The following language in Section E.4 (c) (5) and E.4 (d) (1) (iii) & (vi) is deleted:

See attached document: Amendment 4 Revised - JK.