36C79125R0003_RFP v2_Unrestricted Competition_Dated 22APR2025.pdf

PAGE 1 OF 77 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C79125R0003 04-17-2025

Dustin Dallis <dustin.dallis2@va.gov> 303-273-6223 05-16-2025

4:00PM CDT

36C791 Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621

X

335910

1250 Employees

N/A

X

36C791

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

36C791

Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E)

36C791

Department of Veterans Affairs Commodities & Services Acquisition Svc (003B6E)

See CONTINUATION Page

Batteries of various types and sizes for hearing aids and other medical devices.

See Schedule B.4 for required items and their descriptions.

$0.00

X 1

Dustin L. Dallis

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT 36. PAYMENT 37. CHECK NUMBER

FOR

PARTIAL FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. NOV 2021) BACK

Table of Contents

SECTION A……………………………………………………………………………………………….5

A.1 TABLE OF CONTENTS…………………………………………………….……………...5

A.2 NOTES TO OFFERORS………………………………………………………….………. 5

A.3 SAM.GOV UEI / CAGE CODE…………………………………………………………… 5

A.4 ACKNOWLEDGEMENT OF AMENDMENTS……………......………………………… 5

A.5 NAICS CODE………………………………………………………………………………..5

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA……………………………...…..………………6

B.2 BACKGROUND………...…………………………..……..…………………..…………... 9

B.3 PURPOSE / OBJECTIVE / SCOPE……………………………...……………………… 9

B.4 SCHEDULE OF ITEMS……………………………………..…………………………….10

B.5 ORDERING………………………...………………………………………………………15

B.6 SHIPPING REQUIREMENTS…………………………………………………..………. 17

B.7 DELIVERY INFORMATION………………………………………..…………………….17

SECTION C - CONTRACT CLAUSES……………………………………………………………… 18

C.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)……........................……….18

C.2 FAR 52.216-18 ORDERING (AUG 2020)…………….……………………………….. 25

C.3 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)…………...…….……………… 25

C.4 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)………………………………. 26

C.5 FAR 52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP

2019)…………………………………………………………………………………………… 26

C.6 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)…………. 27

C.7 VAAR 852.219-70 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM

REQUIREMENTS (JAN 2023)………………………………………………………………..27

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)……………………………………………………………………………………………. 28

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.10 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)….………...……………

C.11 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)…………………..…..30

C.12 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)….….30

C.13 FAR CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2024)…………………………………………………….31

C.14 MANDATORY WRITTEN DISCLOSURES………………………………………….. 40

C.15 MANDATORY WRITTEN DISCLOSURES……………………………………………41

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS…………………..41

SECTION E - SOLICITATION PROVISIONS……………………….……………………………….42

E.1 FAR 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY………………………….42

E.2 FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)……………….….………………………..……….42

E.2.A ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES……………………………………………. 46

E.3 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)…………………...………………………………………………………………...49

E.4 FAR 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)…………………….51

E.5 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)……………………………………………………………………………………………..53

E.6 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)……………...…………………… 54

E.7 FAR 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)……………..…54

E.8 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)………………………………… 54

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)………….. 55

E.10 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)…………………………………………..………………………………………….55

E.11 FAR 52.212-2 EVALUATION - COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)………………………………………..……………………………. 56

E.12 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)…

Section A

A.2 NOTES TO OFFERORS

(a) See Section E for instructions regarding proposal requirements and information.

(b) The Price Schedule and Technical Requirements are at Section B.4.

(c) Any physical offers will be received at the address specified in Block 9 of SF 1449, until the date and time specified in Block 8. CAUTION - LATE Submissions, modification, and Withdrawals: See provision FAR 52.212-1 in Section E. All offers are subject to all terms and conditions of this solicitation.

(d) The Batteries Pricing Sheet attachment is at Section D.

A.3 SAM.GOV UEI / CAGE CODE: Offerors must have an active entity account and registration in the System For Award Management at sam.gov.

(a) Offeror must provide a sam.gov Unique Entity Identification (UEI): ____________________

(b) Offeror must provide a valid CAGE Code: ___________________

A.4 ACKNOWLEDGEMENT OF AMENDMENTS: The offeror acknowledges receipt of the amendment to the Solicitation numbered and dated as follows:

AMENDMENT NUMBER EFFECTIVE DATE

0001 22 April 2025

A.5 NAICS CODE: The NAICS code for this solicitation is 335910, Battery Manufacturing.

The small business size standard for this NAICS code is 1,250 employees.

(a) Offeror must certify business size for NAICS code 335910 (e.g., Large / Small): __________

(b) Offeror must certify small business socio-economic sub-category status (if applicable):

[ ] WOSB

[ ] VOSB

[ ] SDVOSB

[ ] HUBZone

[ ] 8(a)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: ___________________________________

b. GOVERNMENT: Contracting Officer 36C791

Department of Veterans Affairs

Commodities & Services Acquisition Svc

(003B6E)

555 Corporate Circle

Golden CO 80401-5621

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] FAR 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] FAR 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] per order after verification of delivery received

4. INVOICING PROCEDURES: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests, and the following business processes regarding invoicing.

a. Invoices submitted for payment shall be in accordance with FAR 52.212-4(g) and shall be submitted in arrears as supplies are ordered. Payment will occur after supplies are received.

b. Vendor Electronic Invoice Submission Method: Invoices shall be submitted electronically according to the accepted data transmissions below.

(1) VA’s Electronic Invoicing System -The VA Financial Services Center (FSC) uses a free, third-party contractor (Tungsten) to submit invoices electronically to the VA. Tungsten’s website is http://www.tungsten-network.com/US/en/Veterans-affairs/.

(2) Tungsten is a system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). Vendor E-Invoice Set-up Information as follows:

• Tungsten e-Invoice setup information: 1-877-489-6135.

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com.

• FSC e-Invoice contact information: 1-877-353-9791.

• FSC e-Invoice email: vafsccshd@va.gov.

• E-Invoice website: http://www.fsc.va.gov/einvoice.asp

(3) E-Invoice general field information and entries data:

• Agency: Department of Veterans Affairs / Denver Logistics Service

• Name/Title: Attention Fiscal Division

• Address: PO Box 25166, Denver, CO 80225-0166

• Federal Express Address: 555 Corporate Circle, Golden, CO 80401

• Email Address: DALC.FISCAL@va.gov

• Subject Line for Email: Station 791

• Phone No.: (303) 273-6231

• Fax No.: (303) 215-9140

(4) For facilities that order products directly from the vendor utilizing the DLS contract, all invoices from the Contractor shall be mailed to the billing address noted on individual delivery order(s).

5. The Contractor shall contact the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments, issue changes, or issue modifications that will affect the terms and conditions of the contract.

a. Contractor shall maintain a current letter designating a primary or primary and an alternate point of contact (POCs) with Contracting Officer to be contacted for prompt contract administration.

The POC Designation should be on company letterhead and transmitted via electronic mail message to the Contracting Officer as an attached PDF document at the time of contract award.

The designation shall contain the following information at a minimum:

Name

Address

Phone Number

E-Mail

b. Customer Service Information: Contractor shall provide the name, telephone number and email address of individual that can be contacted for product information:

POINT OF CONTACT FOR CUSTOMER SERVICE / PRODUCT SUPPORT:

Name

Address

Phone Number

E-Mail

c. Government Agency: The Government representative for this RFP and requirement is:

(1) Contract Specialist: John Overstake

Phone No: 720-497-2304 Fax No: 720-497-2304

E-mail Address: John.Overstake@va.gov

(2) Contracting Officer: Dustin Dallis

Phone No: 303-273-6223 Fax No: 303-273-6223

E-mail Address: Dustin.Dallis2@va.gov

(3) Physical Mailing Address:

Department of Veterans Affairs / Denver Logistics Service

PO Box 25166

Denver, Colorado 80225-0166

(4) Federal Express Address:

555 Corporate Circle, Golden, CO 80401

B.2 BACKGROUND

The Department of Veterans Affairs (VA) National Acquisition Center (NAC) Denver Logistics Service (DLS) is the VA’s national distribution center, which serves many eligible Veterans by distributing hearing aid batteries and batteries to power other assistive devices as well as prosthetic items worldwide. The DLS is the VA organization that procures batteries, stocks them in its warehouse, and ships the batteries directly to VA hospitals and clinics, eligible Veterans, and other Government agencies to support the growing demand for prescribed medical device needs. The batteries provided to eligible Veterans’ range in various sizes and types based on the medical device needs. The purpose of this solicitation is the procurement of commercially available batteries to power eligible veteran’s medical devices in quantities that prevent an interruption in DLS distribution operations, maintain end-user uniformity of services, and ensure the quality of products delivered at the best available prices.

B.3 PURPOSE / OBJECTIVE / SCOPE

1. PURPOSE: The purpose of this solicitation is to facilitate the procurement of a contracted supply of various battery types and sizes for the VA by using the DLS as the preferred logistical source for ordering, storage, and distribution. Scheduled items will be ordered periodically and, in such quantities, as needed to fill agency requirements IAW current applicable DLS supply procedures.

2. OBJECTIVE: The objective of this solicitation is to award one or more firm-fixed price (FFP), indefinite delivery / indefinite quantity (IDIQ) type contracts to ensure the availability of batteries to power eligible Veterans prescribed medical devices and other telehealth accessories.

3. SCOPE: This solicitation may result in the award of one or more FFP / IDIQ contracts for a one (1) year base year period of performance with four (4) one (1) year option periods of performance to be exercised at the sole discretion of the Contracting Officer. The Government anticipates making one award for all CLINs with the exception of the following Contract Line- Item Numbers (CLINs):

a. CLIN X006 - ZA312 Mercury Free, Zinc-air, 2-terminal, 1.4-volt, button type, non-rechargeable, size 312. ANSI No. 7002ZD.

1) The primary contract award will be made to the offeror whose proposal conforms to the terms and conditions of the solicitation, meets or exceeds the minimum technical requirements of the CLINs, and is determined to be the Lowest Price Technically Acceptable (LPTA) offeror. The secondary contract award will be made to the offeror whose proposal conforms to the terms and conditions of the solicitation, meets or exceeds the minimum technical requirements of the CLINs, and is determined to be the second Lowest Price Technically Acceptable (LPTA) offeror. An award will be made on a per battery type or per CLIN basis. Each CLIN will procure one type or size battery. The Government intends to award without holding discussions with offerors; however, the Government reserves the right to conduct discussions as it deems prudent.

The Government reserves the right to not make an award on all CLINs listed in the solicitation. Any successful offeror may receive an award for more than one battery type or more than one CLIN.

a. CONTRACT PERIOD OF PERFORMANCE:

• Base Year September 1, 2025, through August 31, 2026

• Option Year I September 1, 2026, through August 31, 2027

• Option Year II September 1, 2027, through August 31, 2028

• Option Year III September 1, 2028, through August 31, 2029

• Option Year IV September 1, 2029, through August 31, 2030

b. The solicitation number is 36C79125R0003 and is issued as a Request for Proposal (RFP).

c. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03.

d. This solicitation does not incorporate a small business set aside. Thus, the solicitation is issued in accordance with unrestricted full and open competition. Note: Trade Agreements clause at FAR 52.225-5 and Trade Agreements Certificate provision at FAR 52.225-6 will apply.

e. Offerors shall use the “Batteries Pricing Sheet” embedded into this notice as Attachment 0001 to submit proposed pricing for the Base Year and all Option Year periods of performance on a per battery type or per CLINs basis.

f. The CLIN naming convention for the periods of performance (PoPs) will be as follows:

• Base Year 0001

• Option Year I 1001

• Option Year II 2001

• Option Year III 3001

• Option Year IV 4001

B.4 SCHEDULE OF ITEMS

The MINIMUM PRODUCT DESCRIPTION for each CLIN listed in the SCHEDULE OF ITEMS is part of the minimum technical requirements for that battery, See Section B.4 paragraph 3.

1. EXPLANATIONS: The Schedule of Items table format is as follows:

• CLIN Naming Convention: The first digit in the “CLIN” column represents the base year or the option year period of performance. The last three digits in the “CLIN” column is the item description / designation number.

• Estimated Quantities: The quantities listed in the table below are estimates, which are based on the prior procurement cycle contract’s historical ordering data from the DLS.

Usage / Ordering trend analysis was utilized to project the option year quantity estimates. The estimated quantities listed in the Schedule of Items in table below are estimated and are NOT Government ordering commitments. Estimated quantities listed for each CLIN are the estimates of the total annual requirement for the described product. The Government may place orders at quantities greater or less than the estimated total quantity as stated in the schedule of items table above. Additionally, there is no express or implied guarantee that the quantities stated in the Schedule of Items table above will be ordered regularly by the Government.

• Note: Offerors selected for award will be required to complete the DLS Ordering System Attachment 2 template (flat file) in Section D - Contract Documents, Exhibits, Or Attachments

CLIN Battery Type Base Option Yr 1 Option Yr 2 Option Yr 3 Option Yr 4 Est. Total QTY

X001 ALKAAAA 31,000 29,063 27,125 25,188 23,250 135,626

X002 NIMHBA151 32 30 28 26 24 140

X003 NIMHSERVOX 280 263 245 228 210 1,226

X004 NIMH13 2,195 2,058 1,920 1,783 1,646 9,603

X005 NIMH312 7,534 7,063 6,592 6,121 5,651 32,961

X006 ZA312MF 37,000,000 36,075,000 35,150,000 34,225,000 33,300,000 175,750,000

X007 ZA13MF 9,000,000 8,775,000 8,550,000 8,325,000 8,100,000 42,750,000

X008 ZA10MF 3,000,000 2,925,000 2,850,000 2,775,000 2,700,000 14,250,000

2. CLINS AND DESCRIPTIONS:

a. CLIN X001 - ALKAAAA, Alkaline, cylindrical type, 1.5-volt, non-rechargeable, size AAAA.

ANSI No. 25A.

Minimum Technical Requirements: Item must have all the below features.

• Standard Commercial Packaging: 2 batteries/retail card

• Intermediate Packaging: None

• Master Shipping Packaging: 12 Packs / 24 batteries

b. CLIN X002 - NIMHBA151, Nickel Metal Hydride, 2.4-volt, 80-mAh, rectangular, rechargeable battery pack, used in Sennheiser Direct Ear sets. ANSI No. B0009PL4CY.

Minimum Technical Requirements: Item must have all the below features.

• Standard Commercial Packaging: Individual Pkg

• Master Shipping Packaging: None

c. CLIN X003 - NIMHSERVOX, Nickel Metal Hydride, 3 cell, 7.2-volt, rechargeable. ANSI No.

B00YCKCILI.

Minimum Technical Requirements: Item must have all the below features.

• Standard Commercial Packaging: Individual Pkg

• Master Shipping Packaging: None

d. CLIN X004 - NIMH13, Nickel Metal Hydride, button cell, 1.4-volt, rechargeable. ANSI No.:

B0019ACRME.

Minimum Technical Requirements: Item must have all the below features.

o Must meet federal packaging guidelines (per Reese’s Law P.L. 117-171)

• Standard Commercial Packaging: 2 cell blister pack

• Intermediate Packaging: carton of 10 blister packs/ 20 cells

• Master Shipping Packaging: 5 intermediate cartons/ 50 blister packs/ 100 cells

e. CLIN X005 – NIMH312, Nickel Metal Hydride, button cell, 1.4-volt, rechargeable. ANSI No.

B07H1KR2K4.

Minimum Technical Requirements: Item must have all the below features.

o Must meet federal packaging guidelines (per Reese’s Law P.L. 117-171)

• Standard Commercial Packaging: 2 cell blister pack

• Intermediate Packaging: carton of 10 blister packs/ 20 cells

• Master Shipping Packaging: 5 intermediate cartons/ 50 blister packs/ 100 cells

f. CLIN X006 - ZA312 Mercury Free, Zinc-air, 2-terminal, 1.4-volt, button type, non-rechargeable, size 312. ANSI No. 7002ZD.

Minimum Technical Requirements: Item must have all the below features.

o Must meet federal packaging guidelines (per Reese’s Law P.L. 117-171)

• Standard Commercial Packaging: 6 batteries / retail card

• Master Shipping Packaging: 100 cards / master shipping package (600 batteries)

g. CLIN X007 - ZA13 Mercury Free, Zinc-air, 1.4-volt, button type, non-rechargeable, size 13.

ANSI No. 7000ZD.

Minimum Technical Requirements: Item must have all the below features.

o Must meet federal packaging guidelines (per Reese’s Law P.L. 117-171)

• Standard Commercial Packaging: 6 batteries / retail card

h. CLIN X008 - ZA10 Mercury Free, Zinc-air, 2-terminal, 1.4-volt, button type, non-rechargeable, size 10. ANSI No. 7005ZD.

Minimum Technical Requirements: Item must have all the below features.

o Must meet federal packaging guidelines (per Reese’s Law P.L. 117-171)

• Standard Commercial Packaging: 6 batteries / retail card

3. REQUIREMENT DESCRIPTION:

a. PRODUCT MINIMUM TECHNICAL REQUIREMENTS: The following general requirements are applicable to all Contract Line-Item Numbers (CLINs):

1) THIRD PARTY TESTING: All offerors must submit third party testing results of their offered batteries that reflect the offered batteries meet the applicable two-part American National Standards Institute (ANSI) requirements and specifications as well as safety standard. The ANSI standards reflected below include two parts each. Except as may be noted for a particular CLIN, the batteries offered must meet the requirements and specifications and safety standards of one of the following two-part ANSI standards:

(1) ANSI C18.1M. Parts 1 and 2.

(2) ANSI C18.1M Part 1-2024 Portable Primary Cells and Batteries with Aqueous

Electrolyte-- General requirements and Specifications.

(3) ANSI C18.1M Part 2-2024 Portable Primary Cells and Batteries with Aqueous

Electrolyte - Safety Standard requirements.

(4) ANSI C18.2M. Parts 1 and 2.

(5) ANSI C18.2M Part 1- 2021 Portable Rechargeable Cells and Batteries - General requirements and Specifications.

(6) ANSI C18.2M Part 2-2021 Portable Rechargeable Cells and Batteries - Safety

Standard requirements.

(7) ANSI C18.3M. Parts 1 and 2.

(8) ANSI C18.3M Part 1-2024 Portable Lithium Primary Cells and Batteries - General requirements and Specifications.

(9) ANSI C18.3M Part 2-2024 Portable Lithium Primary Cells and Batteries - Safety

Standard requirements.

(10) Zinc Air battery offered (CLINs X017 - ZA10; X018 - ZA13; X019 - ZA312; X020 -

ZA675HP; X021 - ZA675) must be mercury free. The offerors must submit documentation indicating offered batteries for these CLINs are mercury free.

2) MATERIAL SAFETY DATA SHEETS (MSDS): MSDS materials must be provided for all offered batteries.

3) WARRANTY: Industry standard warranty policies shall apply to this procurement. The successful offeror(s) shall provide a commercial warranty that meets or exceeds industry standards as applicable to the product and standard commercial practice. Commercial warranties will vary by product and shall be clearly documented and annotated in the offeror’s proposal.

4) SAMPLES: Two battery samples of each battery offered must be submitted in standard commercial packaging with the offeror’s proposal. The sample batteries must be fresh (e.g., manufactured within six months of delivery date). Individual packages must include the manufacturer’s expiration date, or the best used by date. If the offeror wishes to have the samples returned after evaluation, please send a prepaid return label for any samples you wish to be returned.

5) PACKAGING: All batteries offered shall meet the following industry standards:

(1) Batteries shall be commercially packaged. Packaging must be accomplished in a manner to ensure that when shipped to the VA DLS that it will arrive at the DLS in a satisfactory condition (e.g., not damaged due to packaging failures during normal shipping and handling processes). In addition, the packaging must also be made in a manner to permit further redistribution to individual eligible Veterans as if the battery was part of a standard commercial retail sale.

Individual packaging of batteries may include as few as one (1) battery per package, but not more than sixteen (16) batteries per package.

(2) All packaging (e.g., base, intermediate and master) must have UPC codes or distinguishable barcodes. Packaging should not include cross-selling literature for other products, which have not been specifically awarded. Packaging should be environmentally friendly (e.g., made with recycled materials).

(3) Package Definitions.

(i) Standard Commercial Packaging – A unit of measure in which the product is dispensed to an individual consumer. (Example: dispenser pack, blister pack, 4 pack, each, etc.)

(ii) Intermediate Packaging – A unit of measure containing multiples of standard packages. (Example: carton, box, case, etc.)

(iii) Master Shipping Packaging – A unit of measure containing multiples of intermediate packages. (Example: pallet, crate, skid, etc.)

(iv) ALL SUCCESSFUL OFFERORS OF COIN AND BUTTON CELL

BATTERIES MUST COMPLY WITH FEDERAL PACKAGING

REQUIREMENTS IN ACCORANCE WITH REESE’S LAW (P.L. 117-171).

• PRICING:

(1) Unit of Issue is one battery each (EA), not a package of batteries. Package size is noted above in section 2. CLINS AND DESCRIPTIONS in the description of each contract line item number (CLIN).

(2) Unit Price is the price offered for one (1) battery (EA).

(3) Estimated Total Price. The estimated total price is the unit price times the estimated quantity. The CLIN SUMMARY TOTAL PRICE is the Estimated Total Price offered for the base year period of performance and all four option year periods of performance combined.

(4) All pricing to be offered shall be F.O.B. Destination to the VA DLS.

(5) Offerors shall use the Attachment 0001 “Batteries Pricing Sheet” attached to this notice to populate their proposed pricing for the Base Year and all four (4) Option Year periods of performance proposed on a per battery basis.

Formulas in the spreadsheet will automatically calculate the Estimated Total Price, which is the Unit Price multiplied by the quantity. The CLIN SUMMARY TOTAL PRICE is the Estimated Total Price offered for the base year and all four option years combined.

B.5 ORDERING

1. The successful offeror(s) shall provide the products specified in the schedule directly to the Department of Veterans Affairs (VA) Denver Logistics Service (DLS) at the prices awarded herein and under the terms and conditions set forth in the contract upon receipt of a Delivery Order signed by a person with purchasing authority on behalf of the DLS (e.g., an Ordering Officer). A list of authorized VA DLS Ordering Officers shall be provided to the successful offeror(s).

a. The Government intends to select two (2) successful offerors for CLIN X006 - ZA312 Mercury Free, Zinc-air, 2-terminal, 1.4-volt, button type, non-rechargeable, size 312.

ANSI No. 7002ZD.

1) For CLIN X006, the primary contract award will be made to the offeror whose proposal conforms to the terms and conditions of the solicitation, meets or exceeds the minimum technical requirements of the CLIN, and is determined to be the overall Lowest Price Technically Acceptable (LPTA) offer for CLIN X006.

The secondary contract award will be made to the offeror whose proposal conforms to the terms and conditions of the solicitation, meets or exceeds the minimum technical requirements of the CLIN, and is determined to be the second overall Lowest Price Technically Acceptable (LPTA) offeror.

2. The VA DLS is the only entity with authorization to place orders against the resulting established contract(s). DLS Ordering Officer(s) will issue Delivery Order(s) against the established FFP IDIQ contracts electronically or faxed to the Contractor(s). Upon receipt of the delivery order from the DLS, the Contractor shall fulfill the terms and conditions of the Delivery Order and ship the ordered items to the DLS address noted in below in the delivery information section. Delivery will be F.O.B. destination.

3. ORDERING PROCEDURES:

The DLS Ordering Officer(s) will place orders directly with the Contractor(s) by issuing a Delivery Order against the FFP / IDIQ contract. The Delivery Order will be sent electronically or faxed to the Contractor. The Delivery Order should include the specific item description, item quantities and product number contained in the contract. Delivery Orders should also reference the delivery, invoicing, and any other special instructions within the terms and conditions of the contract.

(1) For CLIN X006, the Ordering Officer will ask/confirm with the primary contractor to certify their manufacturing and shipping capability/capacity for the fulfillment of a potential delivery order quantity to be placed.

(2) This request will be made via an electronic mail (e-mail) message and the primary contractor shall respond within 48-hours of receipt of the request. A quick e-mail reply in the affirmative or negatory shall satisfy this requirement.

1) In the case of the primary contractor being unresponsive to the Ordering Officer’s request for capacity certification, the Ordering Officer shall ask/confirm the secondary contractor to certify their manufacturing capability/capacity for the fulfillment of the potential delivery order. If the secondary contractor provides an affirmative certification of their capacity to fulfill the delivery order, the Ordering Officer shall issue the delivery order to the secondary contractor.

2) In the case of the primary contractor stating a lack of capacity to fulfill the potential delivery order or is unable to guarantee the delivery of the ordered product quantities within the required time/delivery schedule, the Ordering Officer shall issue the delivery order to the secondary contractor (if the secondary contractor provided a certification in the affirmative of their capacity to fulfill the delivery order).

3) In the case of both the primary and secondary contractors stating a lack of capacity to fulfill the potential delivery order or are unable to guarantee the delivery of the ordered product quantities within the required time/delivery schedule, the Ordering Officer shall issue a delivery to both primary and secondary contractors in the same product quantity as the original potential delivery order (e.g., placing a double order).

4) In the case of contract performance failure or a contractor’s failure to fulfill a delivery order after self-certifying their capacity to do so may result in negative CPARS ratings or contract termination.

(3) Delivery Orders will be placed via the Computer-to-Computer Electronic Data

Interchange (EDI) to the following POC Information: DALCLogistics@va.gov.

(4) Receipt acknowledgement of Delivery Orders must be confirmed electronically by the Contractor within two (2) business days of receiving the Delivery Order from the VA DALC email.

(5) Upon receipt of a Delivery Order from the DLS, the Contractor shall fulfill the order and ship the ordered items to the DLC address noted.

4. GUARANTEED MINIMUM:

a. The minimum dollar amount of supplies that the Government agrees to order per contract is $2,000.00. If the minimum is not ordered, by the expiration date of the contract, the Government will pay (upon receipt of a written request) the difference between the amount ordered and the minimum dollar amount guarantee of $2,000.00.

Request for payment of any amount due shall be submitted in writing to the Contracting Officer within 30 calendar days after the end of the contract period.

b. The guaranteed minimum does not apply if the contract is terminated for cause.

c. There is no expressed or implied guarantee that the estimated quantities listed in this solicitation will be ordered regularly in the base year or any of the option year periods of performance. Delivery Order quantities will be ordered on an as need basis to resupply the battery stock levels at the VA DLS.

d. There will be no minimum or maximum order quantities established at the delivery order level, unless otherwise agreed to by both parties to the contract.

5. CEILING AMOUNT: The maximum value of supplies that the Government may order during the contract period of performance will be $72,000,000.00.

B.6 SHIPPING REQUIREMENTS:

1. The shipping container or packaging shall be clearly marked to indicate the following:

a. Business name and complete address of the contractor.

b. Government Delivery Order Number.

c. A packing list must be included, which includes the description of material shipped, including name of item, item number, quantity, number of containers, and package number (if any).

d. If more than one order is shipped per container, each order shall be packaged in a separate container or package and must contain an individual packing list, as specified above, for that order.

B.7 DELIVERY INFORMATION

1. The Delivery Schedule specified on the Delivery Order(s) issued against resultant FFP / IDIQ contract(s) is the delivery date (e.g., the due-in date), the due no later than date that the ordered material must arrive at the VA DLS, not the shipping date from the contractor’s facility. Orders may be shipped early to ensure delivery to the VA DLS prior to the due-in date. All orders must be received by the VA DLS within a maximum of 30 calendar days after the date of receipt of the Delivery Order(s) regardless of the date specified on the Delivery Schedule. Delivery is F.O.B. destination to the VA DLS.

2. Partial deliveries are authorized; however, the complete order is due within the agreed contract delivery order delivery period. Any items not received within the agreed period will be considered delinquent.

3. Mitigation of Contract Performance Failure: The most common contract performance failure experienced in the history of the VA Battery Procurement Program since at least 1999 is the contractor failing to deliver the ordered battery quantities to the VA DLS on or before the due-in date specified in the Delivery Schedule. This type of contract performance failure presents an unacceptable risk to the Government. Contract performance failure of any type may result in negative CPARS rating or termination.

4. Deliveries to the DLS can be made to the following address:

a. Mail, Parcel Post, Overnight and Common Carrier:

VA Denver Logistics Service

Golden, CO 80401

SECTION C - CONTRACT CLAUSES

C.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable Delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoicing.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items Accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due.

The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of Loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's Convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for Cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of Liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other Compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with Laws unique to Government Contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of Precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar…