36C79119R0009-0014000.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) 10-24-2019 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 10-24-2019

X X X

X PROJECT TITLE: Positive Airway Pressure Devices and Accessories PURPOSE OF AMENDMENT: Admin Changes in solicitation document and Attachment E ADJUSTMENT IN PERFORMANCE PERIOD: Not Applicable DESCRIPTION OF CHANGES: 1) See below for admin changes to solicitation ) See Attachment E Price Schedule (Attached) for changes to CLINs and CLIN structure

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 and or remove language from Section B.4

2. To revise and or remove language from Section D

3. To revise and or remove language from Section E.1

4. To revise and or remove language from Section E.4

5. Revisions and Replacements to Section E.9

6. Revisions and Replacements to Section E.9

7. To revise and or remove language from Attachment A

8. Attachment E is replaced

9. Attachment F language added to Section D

1. To revise and or remove language from Section B.4 SCHEDULE OF ITEMS

A. The strikethrough language below from Section B.4 is hereby deleted and or replaced with the highlighted language. The language that is neither highlighted nor struck-through remains the same:

(1) Associated Accessories (Limited to the following: Chin Straps, Filters, and Tubing); and

(2) Replacement Parts (Limited to the following: Power Cords, Filters, Cushions, Power Supply, Humidifier Water Chamber, and SD Cards). Please note: Replacement parts are separate from the items included with PAP device (s) as listed in E.1. (i). Replacement parts are separately offered products.

2. To revise and or remove language from Section D CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

A. The strikethrough language below from Section D is hereby deleted and or replaced with the highlighted language. The language that is neither highlighted nor struck-through remains the same:

ATTACHMENT A DETAILED INFORMATION FOR CONTRACT LINE ITEMS

ATTACHMENT B (RESERVED)

ATTACHMENT C (RESERVED)

ATTACHMENT D MINIMUM TECHNICAL REQUIREMENTS

ATTACHMENT E PRICE SCHEDULE

ATTACHMENT F (RESERVED) LIST OF APPROVED PAP DEVICES AND ASSOCIATED ACCESSORIES

ATTACHMENT G RETURN MERCHANDISE AUTHORIZATION

ATTACHMENT H NAMING CONVENTION FORMAT AND DATA TEXT FILE

ATTACHMENT I CLASS WAIVER OF THE NONMANUFACTURER RULE

B. The strikethrough language below from Section D is hereby deleted and or replaced with the highlighted language. The language that is neither highlighted nor struck-through remains the same:

14. Machine must be able to use standard size tubing: Length 6-12 10 feet, diameter dependent on PAP machine requirements (i.e. 15mm, 22mm or as required by the specific machine, with a female connector)

(“Length 6-12 10” is repeated 6 (six) times in various sections, each iteration is replaced with identical language)

3. To revise and or remove language from Section E.1 NOTICE TO OFFERORS

A. The strikethrough language below from Section E.1 is hereby deleted and or replaced with the highlighted language. The language that is neither highlighted nor strikethrough remains the same:

(d) General RFP Questions/Clarifications: All requests for RFP clarifications and general questions pertaining to the requirements must be submitted in writing to Stephen Wilson, Contract Specialist, via e-mail at Steve.Wilson4@va.gov and cc Contracting Officer Miguel Vasquez at miguel.vasquez@va.gov to ensure a timely and accurate response to offeror questions., we request that all questions/clarifications be submitted no later than close of business on April 8, 2019. As of October 21, 2019, the VA is no longer accepting any requests for RFP clarifications and general questions pertaining to the requirements. Questions and requests for clarification received after this time may not provide adequate time for the government to prepare and distribute a proper response prior to the date scheduled for receipt of proposals, and the government has no obligation to answer them if the response is not readily available. The RFP response time will not be extended for the purpose of responding to any question or request for clarification, unless it is in the Government’s best interest to do so. Please Note: Questions shall be limited to questions regarding the solicitation and or evaluation process.

(h) Associated Accessories: Associated accessories are limited to the following: Chin Straps, Filters and Tubing. Additionally, the replacement parts are limited to the following: Power Cords, filters, Cushions, Power Supply, Humidifier Water Chamber, and Secured Digital (SD) Cards.

Associated accessories and replacement parts will only be considered for a corresponding CLIN for a PAP device(s) and/or Facial Interface(s), if an award is made for a PAP device(s) and or Facial Interface(s). For example, award for associated accessories and replacement parts will only be considered for CLIN 0001, if a PAP device is awarded for CLIN 0001. If applicable, accessories and replacement parts shall be compatible with offered and awarded PAP device model(s). 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. If applicable, accessories and replacement parts shall be compatible with offered, awarded PAP device model(s),. Replacement parts shall be compatible with offered and awarded and Facial Interface model(s).

4. To revise and or remove language from Section E.4 SPECIFIC INSTRUCTIONS TO OFFERORS REGARDING PROPOSAL PREPARATION

A. The strikethrough language below from Section E.4 is hereby deleted, language that is neither highlighted nor strikethrough remains the same:

(1) All offerors shall provide a Technical Proposal to be considered for award. The Technical Proposal must provide sufficient information to demonstrate the capability of satisfactorily meeting the Government’s requirements detailed in this solicitation (See Attachment D “Minimum Technical Requirements”). At a minimum, the Minimum Technical Requirements Proposal must include the following:

6. Revisions and Replacements to Section E.9 52.212-2 Evaluation—Commercial Items

A. The strikethrough language below from Section E.9 is hereby deleted and replaced with the highlighted language. The language that is neither highlighted nor strikethrough remains the same:

(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. If the maximum awards are made at the SDVOSB tier, the VA would not evaluate offers from any other tier.

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. CLINs 03A, 03B, and 03C each constitute an individual CLIN.

(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. If the maximum awards are made when SDVOSB and VOSB tiers are combined, the VA would not evaluate offers from any other tier.

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. CLINs 03A, 03B, and 03C each constitute an individual CLIN.

There may be a maximum of nine (9) models awarded for each MAKE offered for CLINs 01, thru 06 thru 04 with a maximum of thirty-six (36) models of various MAKES per CLIN.

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.

The pricing sheet lists the Accessories and Replacement Parts as optional Sub-CLINs under CLIN 1-4. All Accessories and Replacement Parts must be compatible with the offered PAP devices. There will be no award considered for accessories and replacement parts unless an award is made for a corresponding PAP. The pricing for these optional items will not be considered in determining the awardees for any item on CLINs 01-04.

(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, Resmed 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 06: CLIN 05: Full Face Interfaces;

CLIN 07: CLIN 06: Nasal Interfaces;

CLIN 08: CLIN 07: Oral Interfaces;

CLIN 09: CLIN 08: Nasal Pillow Interfaces;

CLIN 10: CLIN 09: Total Facial Interfaces.

The pricing sheet lists the Accessories and Replacement Parts as optional Sub-CLINs under CLIN 05-09 All Accessories and Replacement Parts must be compatible with the offered PAP devices for CLINS 05-09. There will be no award considered for Accessories and replacement parts unless an award is made for a corresponding Interface. The pricing for these optional items will not be considered in determining the awardees for any item on CLIN 5-9

(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 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 14: CLIN 10: Mask Liners.

B. The strikethrough language below from Section E.9 is hereby deleted and replaced with the highlighted language. The language that is neither highlighted nor struck-through remains the same:

PAP DEVICES: 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 lowest total evaluated price for each offered make and model will be determined by multiplying the unit prices with the estimated quantities for the base and each option period. 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/MASK LINERS EVALUATIONS

Only sizes as listed in pricing sheet (Attachment E) or equivalent that are available from the manufacturers for a particular Make or Models of mask liners, facial interfaces, and facial interface kits size configurations will be evaluated on a lowest averaged price technically acceptable basis. If a size or equivalent size is available from a manufacturer and an offeror does not provide pricing for all sizes the offeror may be excluded from further consideration.

FACIAL INTERFACES: In an initial screening of offers, the lowest total averaged evaluated price at the appropriate cascade level for each offered make and model will be determined. The lowest total evaluated averaged price for each offered make and model 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 interfaces/mask liners offered; and finally dividing by the number of mask liners/interfaces offered. The purpose of the initial screening is to determine which offered product will be submitted for technical evaluation.

MASK LINERS: In an initial screening of offers, the lowest total evaluated averaged price at the appropriate cascade level for offered Mask Liners will be determined. The lowest total evaluated averaged price for each offered make and model 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 interfaces/mask liners offered; and finally dividing by the number of mask liners/interfaces offered. 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) (the lowest total averaged evaluated price) offered products for Mask Liners (consisting of various 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 LPTA screening price evaluation. These accessories/replacement parts sub-CLINs will be evaluated for price reasonableness only. If multiple PAPs or Facial Interface awardees offer the same accessory or replacement part (i.e. duplicate parts), then the lowest total price then only these duplicate accessories or replacement parts will be evaluated on a LPTA basis, at the appropriate cascading level, for each offered Make and Model will be determined after the pricing is determined to be fair and reasonable. 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. All accessories/replacement part sub-CLINs are optional items and will only be awarded if the VA determines the pricing to be fair and reasonable

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.

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 all of the minimum technical requirements and functions may receive no further consideration. All offered products that fail to comply with all of the minimum technical requirements and functions will not receive 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.

A. Award will be made based on the lowest total evaluated price or the lowest total average 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).

B. In order to receive an award on CLINs 0005 and 0001 to supply accessories or replacement parts accessories and replacement parts for subCLINs associated with each PAPs or Facial Interface CLIN, you have to be awarded a PAPs or Facial Interface contract. For example, an award for associated accessories and replacement parts subCLIN (i.e., Chin Straps, Filters, Tubing, Humidifier Water Chamber, SD Cards, Power Cords, Power Supply) will only be considered for the related sub-CLIN CLIN 0001 if a PAP device is awarded for CLIN 0001. And as an example, for CLIN 0006 CLIN 0009, an award for replacement parts (i.e., Cushions) will only be considered for CLIN 0010 CLIN 0009 if a Facial Interface is awarded.

C. 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 PAP or Facial Interface awardees but once those PAP or Facial Interface awards are determined, any related accessory or replacement parts will be reviewed to determine whether the pricing is fair and reasonable.

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.

E. 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.

7. Revisions and Replacements to Section E.17 52.212-13 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS

A. The strikethrough language below from Section E.17 is hereby deleted and replaced with the highlighted language. The language that is neither highlighted nor strikethrough remains the same:

In lieu of completing this certification offerors shall identify each product’s country of origin in the price schedule, Attachment FE.

(This is repeated 6 (six) times in Section E.17, each iteration is replaced with identical language)

8. To revise and or remove language from Attachment A Detailed Information for Contract Line Items

The strikethrough language below from Attachment A is hereby deleted and or replaced with the highlighted language. The language that is neither highlighted nor strikethrough remains the same:

· PAP DEVICES (circle only one number): CLIN 001 002 003 003A 003B 003C 004 005 006 007 008 009

· ASSOCIATED ACCESSORIES (circle all offered products): Chin Straps Tubing Filters

· REPLACEMENT PARTS (circle all offered products): Power Cords Filters Power Supply Humidifier Water Chamber SD Cards Cushions

· MASK LINERS: CLIN 010

9. Attachment E Price Schedule is hereby replaced (see attached Attachment E Price Schedule) To align with Amendment P0007, CLIN structure was changed adding additional sub-CLINS effectively adding the models and various sizing that were added in Amendment P0007. See Attachment E Price Schedule for changes made to CLINS 1 – 9.

10. Attachment F List Of Approved Pap Devices And Associated Accessories is hereby replaced (see attached “Attachment F LIST OF APPROVED PAP DEVICES AND ASSOCIATED ACCESSORIES”) To align with Amendment P0002 Attachment F is added to the solicitation document and attached to solicitation.

See attached document: 36C79119R0009 Conformed P0014 - Final.

See attached document: ATTACHMENT E PRICE SHEDULE_Amendment 14.