Attachment C - Clauses.pdf

ATTACHMENT C‐ CLAUSES

The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. Quoters shall complete the following regarding instruction for Offerors:

Quotes shall be submitted via email to the Contracting Specialist at Brett.Cook@va.gov. The size limitation is 10 Megabytes per e-mail. The subject line of the email shall read the solicitation number (36C24C21Q1029) and the company name. For example: “36C24C21Q1029-Company Name”. Each quote shall be submitted to the mailbox separately using the naming convention described above. AT NO

TIME WILL ZIP FILES BE ACCEPTABLE.

Terms and content of your quote. Your quote must be based on the terms of this RFQ. We might reject any quote that is not based on these terms in every respect. Your quote must contain all of the information described below.

Quoters shall complete the Price and cost schedule in its entirety.

Quoters shall submit their technical and description of supplies that addresses all requirements, to include characteristics, pertaining to the required supplies and services.

Quoters shall have the capability to provide “Brand Name or Equal” products only.

Quoter shall provide a statement that the product meets all requirements of the Salient Characteristics.

Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e.

replacement parts) for VA Medical Centers. No re-manufactures or gray market items will be acceptable.

Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed software upgrade, verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, shall be in accordance with the OEM terms and conditions.

The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the Government, any re-manufactured or gray market item(s) delivered to a VA medical facility upon discovery such items.

The provision at 52.212-2, Evaluation -- Commercial Items, applies to this acquisition (OCT 2014)

(Tailored)

Offerors shall complete and return quotes electronically via email in PDF format at or before the time specified in the solicitation.

QUESTIONS relating to this acquisition and RFQ shall be emailed to: Brett.Cook@va.gov on or before 3:00 p.m. Eastern Time, on June 3, 2021.

To assure timely and equitable evaluation of quotes, vendors shall follow the instructions. The quote must stipulate that it is predicated on all the terms and conditions of this RFQ and signed by an official authorized to bind the organization. Offeror-imposed terms and conditions that deviate from the Government’s material terms and conditions established by the solicitation may render the Offeror’s quote unacceptable and, therefore, ineligible for award. Quotes are due June 9, 2021 @ 2:00 PM Eastern Standard. The resulting contract will be a firm-fixed price contract with no option periods.

The Government will evaluate each quote in accordance with the evaluation criteria set forth in this solicitation. The use of hyperlinks in quotes is prohibited. Any quote that fails to comply with all solicitation instructions may be considered non-responsive and may not be considered for award.

This RFQ does not commit the Government to pay any of the costs associated with the preparation and submission of a quote.

The awarded quote shall become a part of a resulting order.

Any additional clauses required by public law, executive order, or acquisition regulations, in effect at the time of an accepted order will be included.

CONTENT REQUIREMENTS:

Technical – Quoter shall supply “Brand Name or Equal” only. Quotes must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

Price - The Offeror shall submit a complete Price/Cost schedule (All products or None). Contractors must clearly identify the price. Discounts are encouraged for multiple items. If the item is at a No cost the prices should be entered as N/C.

(End of Provision)

In order for a quote to be considered responsive, it shall be prepared in compliance with the instructions given in this solicitation. Evaluation and award will be conducted in accordance with the requirements of FAR part 13.106-2.

The Government intends to evaluate quotes and make award without further communication. However, the Government reserves the right to request additional information. As such Offerors may be given the opportunity to explain certain aspects of the quote or to resolve minor clerical errors. In the event additional information is requested, the Government may not necessarily seek such information from all Offerors, but from only those Offerors whose submissions require it. Each Offeror is encouraged to provide the best prices in the response to this solicitation.

TECHNICAL - Technical acceptability will be based on the conformance to the requirements in this solicitation.

PRICE - Price will be evaluated for reasonableness. For a price to be reasonable, it must represent a price to the Government that a prudent person would pay when consideration is given to prices in the market.

All quotes shall be subject to evaluation by a team of Government personnel.

Table A-1. Technical Acceptable/Unacceptable Ratings

Rating Description

Acceptable Quote clearly meets the requirements of the solicitation (Brand Name or Equal only).

Unacceptable Quote does not clearly meet the requirements of the solicitation (must be Brand Name or Equal only).

(End of Provision)

The provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, applies to this acquisition. To be eligible for award offerors must be registered in System for Award Management (SAM) prior to award in accordance with the provision.

The following FAR clauses cited in the clause are applicable to the acquisition:

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and no additional addenda to the clause included.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition.

52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (OCT 2016) 52.209-7, Information Regarding Responsibility Matters (OCT 2018)

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) 52.216-1, Type of Contract (APR 1984) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) 52.219-8, Utilization of Small Business Concerns (Oct 2019) 52.219-9, Small Business Subcontracting Plan (JUN 2020) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) 52.219-14, Limitations on Subcontracting (MAR 2020) 52.219-16, Liquidated Damages – Subcontracting Plan (Jan 1999) 52.219-28, Post Award Small Business Program Representation (MAR 2020) 52.222222-3, Convict Labor (JUNE 2003) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2018) 52.222-21, Prohibition of Segregated Facilities (APR 2015) 52.222-26, Equal Opportunity (SEP 2016) 52.222-35, Equal Opportunity for Veterans (JUN 2020) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37, Employment Reports on Veterans (JUN 2020) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50, Combating Trafficking in Persons (MAR 2015) 52.222-54, Employment Eligibility Verification (OCT 2015) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-5, Trade Agreements (OCT 2019) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) 52.233-2, Service of Protest (SEP 2006) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)

The clause at 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment The clause at 52.219-14, Limitations on Subcontracting, applies to this acquisition.

The following additional contract requirement(s) or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices are as follows:

VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (JUL 2016)(Deviation) VAAR 852.219-75, Subcontracting Commitments Monitoring and Compliance VAAR 852.233-71, Alternative Protest Procedure (JAN 1998)

VAAR 852.232-72, Electronic Submission of Payment Requests (NOV 2012) VAAR 852.237-70, Contractor Responsibilities (APR 1984) VAAR 852-246-71, Inspection VAAR 852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (JAN 2008) VAAR 852.212-70, Provision and Clauses Applicable to VA Acquisitions of commercial Items (APR 2020):

852.203-70, Commercial Advertising 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors 852.215-71, Evaluation Factor Commitments 852.219-9, VA Small Business Subcontracting Plan Minimum Requirements 852.232-72, Electronic Submission of Payment Requests 852.233-70, Protest Content/Alternative Dispute Resolution 852.233-71, Alternate Protest Procedure 852.246-71, Rejected Goods 852.246-73, Noncompliance with Packaging, Packing, and/or Marking Requirements 852.270-1, Representative of Contracting Officers

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.204-7, Systems for Award Management 52.204-16, Commercial and Government Entity Code Reporting

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights 52.204-4, Printed or Copied Double-sided on Post Consumer Frieber Content Paper 52.204-18, Commercial and Government Entity Code Maintenance 52.232-40, Providing Accelerated Payments to Small Business Contractors

Defense Priorities and Allocations System (DPAS) and assigned rating, is not applicable to this acquisition.