36C79119R0009-0017000.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) 11-01-2019 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 11-01-2019

X X

X PROJECT TITLE: Positive Airway Pressure Devices and Accessories PURPOSE OF AMENDMENT: Rescind Amendment 15 and Amend the Fair Opportunity Process to include the exception under FAR 16.505(b)(2)(i)(E).

ADJUSTEMENT IN PERFORMANCE PERIOD: Not Applicable.

DESCRIPTION OF CHANGES:

1. Rescind amendment 15.

2. Revise section B.9 of the solicitation. The highlighted language is hereby added to the solicitation.

Miguel Vasquez Contracting Officer

B.9 PAP DEVICE/ASSOCIATED ACCESSORIES SELECTION (FAIR OPPORTUNITY PROCESS)

Due to the highly specialized nature of these items, critical timeframes, and individual physicians’ sleep specialty, Sleep Clinicians must determine which medical device is best suited for each patient based on an assessment that takes into consideration the specific features of the PAP products and clinical needs of the patients as assessed by the medical professionals. 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.

In addition to FAR 16.505(b)(2)(i)(B), the exception at FAR 16.505(b)(2)(i)(E) also applies to all orders placed under this contract. This exception states: “For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.” As PAP devices, interfaces, and related parts and accessories are prosthetic devices, VA has made the determination to exercise its authority under 38 USC 8123 and 41 USC 253(c)(5) to procure these prosthetics devices. 38 USC § 8123 states as follows: “The Secretary may procure prosthetic appliances and necessary services required in the fitting, supplying, and training and use of prosthetic appliances by purchase, manufacture, contract, or in such other manner as the Secretary may determine to be proper, without regard to any other provision of law.”

Clinicians will submit requests for specific devices for a specific Veteran patient through the DLC’s Remote Order Entry System (ROES). DLC/SDC’s inventory totals of PAP devices, Facial Interfaces, PAP Mask Liners, and associated accessories/replacement parts are adjusted according to orders placed in ROES by clinicians from VA medical facilities in the U.S and outlying territories. Orders placed against these contracts will be issued to the appropriate vendor to replenish depleted stock.