ATTACHMENT D - SOLICITATION PROVISIONS - AIR-ASSISTED PATIENT TRANSFER AND LIFTING SYSTEM.docx

SECTION D - SOLICITATION PROVISIONS

D.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision) D.2 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of Provision)

D.3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

D.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision) D.5 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of Provision)

D.6 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of Provision) D.7 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

A. PROPOSAL SUBMISSION

1. INTRODUCTION: The Offeror’s proposal shall be submitted via email to Contract Specialist at Maurice.christian@va.gov and Contracting Officer at Jessica.Edwards@va.gov. All proposals shall be submitted no later than September 20, 2024, by 11:59 PM EST.

The Offeror’s proposal shall consist of the five (5) volumes listed below. Each volume shall be submitted on a separate PDF or Excel document. One copy of each volume will be required.

The use of hyperlinks is prohibited.

Proposals will be evaluated solely on the information contained in proposals without reference to extraneous information.

WARNING: Please do not wait until the last minute to submit your proposals. Late proposals will not be accepted for evaluation. To avoid submission of late proposals, we recommend the transmission of your proposal file 24 hours prior to the required proposal due date and time. Please be advised that timeliness is determined by the date and time an Offeror’s proposal is received by the Government not when an Offeror attempted transmission.

2. PROPOSAL FILES

a. Format: The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date, and solicitation number in the header and/or footer. Proposal page limitations are not applicable to this procurement. All files shall be submitted as either a Microsoft Excel File (.xls) or an Acrobat Portable Document Format (.pdf) or as compatible as indicated in the table. Page size shall be no greater than 8 1/2" x 11" with printing on one side only. The top, bottom, left, and right margins shall be a minimum of one (1”) inch each. Font size shall be no smaller than 12-point. Arial or Times New Roman fonts are required. Characters shall be set at no less than normal spacing and 100% scale. Tables and illustrations may use a reduced font size no smaller than eight (8)-point and may be landscape. Line spacing shall be set at no less than single space. Each paragraph shall be separated by at least one blank line. Page numbers, company logos, and headers and footers are not bound by the 12-point font requirement. Footnotes to text shall not be added. All proprietary information shall be clearly and properly marked.

b. File Packaging: Do not compress (zip) proposal files. VA Network Security Operations Center (NSOC) has temporarily blocked email attachments with the “.zip” extension as a mitigation measure against the ongoing world-wide ransomware event impacting many organizations. During this time, zip file extensions will be permanently stripped from email traffic and will not be recoverable. Due to VA email file size restrictions, Offerors are encouraged to logically separate their proposal into separate emails. If this is necessary, Offerors should attempt to contain complete volume within single email transmissions (and not split volumes). Offerors are encouraged to review and ensure that sufficient bandwidth is available on their end of the transmission.

c. Content Requirements: All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential matters, sufficient to define the proposal and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal. The title requirements for each file are shown in the table below.

d. Proposals submitted in response to this solicitation shall contain the following in separate volumes listed in the Table below with the titles as shown.

VOLUME I – TECHNICAL

Offerors shall provide descriptive literature which will be used to thoroughly evaluate each proposal to determine the extent to which it meets the salient characteristics listed in Combined Synopsis/Solicitation Notice - Product Description of the solicitation. All the salient characteristics listed in the solicitation must be met to be considered technically acceptable and eligible for award.

Offerors shall list the location where compliance to each salient characteristic can be found on the Salient Characteristics Table located in the Combined Synopsis/Solicitation Notice - Product Description of the solicitation. The chart must be included with the Offeror’s proposal. Failure to complete the chart and meet all SCs will result in proposal being deemed ineligible for award.

Offerors may propose any product solution or configuration so long as the solution proposed meets the salient characteristics. Equivalent products being proposed in the Technical Volume must also be clearly identified in the Pricing Volume. Products proposed in the Technical Volume must be captured on – appear and correspond with -- the Offeror’s Pricing Volume (Attachment B - Price Cost Schedule).

Offerors may propose any additional ancillary products which they deem to be essential to the functionality of the proposed solution; these ancillary items must be quantified in the Offeror’s pricing volume with an estimated quantity of zero (0).

Only new original equipment manufacturer (OEM) parts are acceptable; no remanufactured or "gray market" items. No product in development shall be considered. All items shall be covered by the manufacturer's warranty.

Distributors must be authorized distributors/resellers as certified by the OEM (i.e., in OEM letter with a current date (less than 6 months old) and duly signed by OEM’s authorized representative) to be eligible for award. The OEM letter must be valid for the life of the contract. Those proposals which fail to meet the requirements of the solicitation and all the minimum salient characteristics will be rated “Unacceptable” and will be ineligible for award.

VOLUME II – PAST PERFORMANCE

The Offeror shall complete Attachment F: Past Performance Reference in its entirety, listing a total of three contracts/orders for work performed in the past three years or currently being performed, for nationwide delivery of Patient Transfer and Lifting Systems. The Government will make the determination of relevance (based on size, scope, and complexity of requirement).

Contracts/orders listed may include those entered into with the Federal Government, agencies of state and local governments and commercial concerns. Offerors may also submit past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the acquisition. For the purposes of this solicitation, a major subcontract is defined as 20% of the total contract effort. Data concerning the prime contractor shall be provided first, followed by each proposed major subcontractor, in alphabetical order.

Offerors shall indicate on Attachment F if there are Contractor Performance Assessment Reporting System (CPARS) report(s) available for each reference. In the event an assessment was not completed in CPARS for the contract/order, Offerors may request the reference point of contact (POC) to complete and submit a Past Performance Questionnaire (PPQ) (See Attachment F of this solicitation). The Offeror shall instruct the POC at the referenced entity to return a copy of the completed PPQ directly to the Contracting Officer, at Jessica.Edwards@va.gov and the Contract Specialist at, Maurice.Christian@va.gov, NO LATER THAN THE CLOSING DATE OF THE SOLICITATION (inclusive of any closing date extensions granted via amendment). PPQs will only be evaluated for those contracts/orders that do not have a CPARS report available.

The Government is not required to contact references provided by the Offeror. Also, references other than those identified by the Offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the Offeror's past performance. The Government may consider past performance information obtained through other sources, including contracting officer personal knowledge, which is reasonably available and determined to be relevant. Past performance information obtained will be used for both the responsibility determination and best value decision.

Offerors shall indicate on Attachment F if they have no record of relevant or recent past performance.

VOLUME III – VETERANS PREFERENCE

(1) For SDVOSB/VOSB concerns: A Contractor shall submit a statement of compliance that it qualifies as a SDVOSB or VOSB in accordance with VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors. SDVOSB and VOSB Contractors are cautioned that they must be registered and verified in the Veteran Small Business Certification (VetCert) database at www.veterans.certify.sba.gov at time of quote submission and at time of award and must meet federal small business size standards for the North American Industry Classification System (NAICS) code assigned to this solicitation.

(2) For Non-SDVOSBs/VOSBs: The prime Contractor must state in this volume the names of SDVOSB(s) and/or VOSB(s) with whom it intends to subcontract and provide a brief description and the approximate dollar values of the proposed subcontracts. Additionally, SDVOSB/VOSB subcontractors must be registered and verified in the VetCert database at www.veterans.certify.sba.gov at time of quote submission and at time of award and must meet federal small business size standards for the NAICS code assigned to this solicitation.

VOLUME IV – PRICE

The Offeror shall complete ATTACHMENT B - PRICE COST SCHEDULE and submit it in Volume II of their proposal.

In order to maximize the VA’s buying power and leverage the best value for the taxpayer, the VA is seeking volume discounts. It is expected that as the output and scale of an operation increases, that the unit cost per item should decrease as fixed costs are spread over more units of output. The VA expects that a portion of these reduced costs will passed-on and reflected in lower unit pricing.

Price Rounding Issue - The Government requires Offerors to propose unit prices and total prices that are two (2) decimal places and requires the unit prices and total prices to be displayed as two (2) decimal places. Ensure that the two (2) digit unit price multiplied by the item quantity equals the two (2) digit total item price (there should be no rounding). {If an Excel spreadsheet is submitted by the Offeror, the Offeror shall ensure that the actual values in the spreadsheet cells are no more than two (2) decimal places even if values in the spreadsheet cells are formatted to display two (2) decimal places.} The Government requests the Offeror to provide prices, warranties, conditions, benefits, and terms that are at least equal to or more favorable than the prices, warranties, conditions, benefits, and terms proposed by the Offeror to any customers for the same or a substantially similar quantity and type of product or service.

The current SLA which applies to this contract action is 3.0%. This SLA Fee shall be imbedded in the awarded contract/agreement price(s) and offers submitted in response to this solicitation shall include this SLA Fee in the price of every line item offered.

VOLUME V – OFFER, AMENDMENTS, & CERTIFICATIONS/REPRESENTATIONS

Certifications and Representations - An authorized official of the firm shall sign the offer sheet and all certifications requiring original signature. The offer sheet should be dated and submitted on letterhead stationery. An Acrobat PDF file shall be created to capture the signatures for submission.

The offer sheet shall contain the following:

a. Solicitation Number;

b. Acknowledgement of Amendments, if any;

c. The Name, Address, and Telephone Number of the Offeror

d. Tax Identification Number (TIN)

e. Unique Entity Identity (UEI) Number / DUNS Number / Cage Code

f. Point of Contact for Submission of Orders if awarded contract

g. Authorized Distributor Letter Certified by OEM with a recent date

h. Offeror Shall Submit Representations and Certifications IAW FAR 52.212-3 if not Completed in SAM.gov

i. Complete FAR 52.209-7 and FAR 52.225-6 Provisions

j. Period for Acceptance of Offers. The Offeror agrees to hold the prices in its proposal firm for 90 calendar days (or more) from the date specified for receipt of proposals unless another time period is specified in an addendum to the solicitation.

k. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offerors that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

l. All certified HUBZone small business concerns are required to identify themselves and state whether they elect to waive the evaluation preference.

Offerors are hereby advised that any Offeror-imposed terms and conditions and/or assumptions which deviate from the Government’s material terms and conditions established by the solicitation, may render the Offeror’s proposal Unacceptable, and thus ineligible for award.

Any questions regarding this Request for Proposal (RFP) shall be addressed in writing to Contract Specialist at Maurice.Christian@va.gov and Contracting Officer atJessica.Edwards@va.gov -, no later than September 20, 2024, by 11:59PM EST. No calls will be accepted.

D.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

A. BASIS FOR AWARD

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Offerors are cautioned that the award may not necessarily be made to the lowest price offered or the most highly rated technical proposal. The Government intends to award one contract. The following factors shall be used to evaluate offers: Technical, Past Performance, Veterans Preference and Price. The Technical Factor is significantly more important than Past Performance Factor. The Past Performance Factor is significantly more important than the Veterans Preference. When combined, the non-price factors, are significantly more important than Price. To receive consideration for award, a rating of no less than ”Acceptable" must be achieved for the Technical Factor. At a minimum all of the salient characteristics listed in the Combined Synopsis/Solicitation must be met to achieve a rating of “Acceptable.”

B. FACTORS TO BE EVALUATED

TECHNICAL

PAST PERFORMANCE

VETERANS PREFERENCE

PRICE

C. EVALUATION APPROACH

All proposals shall be subject to evaluation by a team of Government personnel. The Government reserves the right to award without discussions based upon the initial evaluation of proposals. The proposal will be evaluated strictly in accordance with its written content. Proposals which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, are not sufficient. Offerors who fail to meet all the Salient Characteristics (SC) listed in the RFP and the minimum requirements of the solicitation will be rated Unacceptable and thus, ineligible for award. Contents of the written proposals will be evaluated to determine the degree and extent to which the requirements set forth in the Request for Proposal are satisfied.

Product literature will be evaluated to determine whether proposed items meet the salient characteristics. Any product that does not meet all the salient characteristics will receive no further consideration. Proposals meeting all salient characteristics will further be evaluated as described below.

TECHNICAL EVALUATION APPROACH

This requirement will be IAW FAR clause 52.211-6, “Brand Name or Equal” which requires the quoter indicate that each product being offered as an “equal” product to the Capsa® brand and equipment name. For each equal product, the offeror must include a description reflecting the salient characteristics (SC) and level of quality that will satisfy the salient physical, functional, or performance characteristics of the equal product(s) specified in the solicitation. The quoter must also clearly identify the item by brand name (if any) and make/model number. Finally, the quoter must include descriptive literature, such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer, and clearly describe any modifications it plans to make to a product to make it conform to the solicitation requirements.

In addition to meeting or exceeding the minimum salient characteristics listed in the Combined Synopsis, the evaluation process will consider the following Technical Sub-factors and assign an adjectival rating:

· Safety Features and functions of the offered device will be evaluated for the ability to safely lift, evacuate, and transfer patients. Areas may include but are not limited to the following:

· Transfer Handles

· Patient body straps

· Head end and foot end transport straps

· Safety and transferring patients

· Foot Pocket on evacuation device

· Design Design features and functions of the offered device will be evaluated. Areas may include but are not limited to the following:

· Patient weight capacity

· Availability of extra features

· Location and ease of use of features

· Connecting Straps

· Availability of multiple sizes

· Inflation/deflation features

· Ability to transfer patients to surfaces of varying heights (ADA Standard Height of surface between 28” and 34” above the finished floor).

· Ability to store and transport lifting device, transfer pad, air supply and rechargeable power source (applies to cart).

· Performance Device will be evaluated for its ability to perform its intended function. Areas may include but are not limited to:

· Lifting/Weight capacity of device

· Sturdiness of product

· Portability and Maneuverability of device

· Ease of use

· Ease of transferring patients

· Ease of Maintenance

· Ability to be cleanable using hospital approved disinfectants/cleaners.

· Variability of inflation speeds

· Longevity of battery

· Quality/Construction Aspects of the construction and quality of material of the device will be evaluated including but not limited to:

· Construction of Seams

· Heat sealed construction

· Quality and durability of materials

· Life Span/warranty

PAST PERFORMANCE EVALUATION APPROACH

Past performance will be evaluated to determine whether each reference is relevant (based on size, scope, and complexity to this requirement), recent (within the past three years), The offeror will be evaluated to determine the extent to which their previous performance demonstrates the likelihood of successful performance in providing requirements similar in size, scope, and complexity to this solicitation and receive a confidence rating. The solicitation Attachment F: Past Performance Questionnaire (PPQ) will be used to evaluate an offeror’s past performance. The Government may consider past performance information obtained through other sources which is reasonably available and determined to be relevant. Past performance information obtained will be used for both the responsibility determination and best value decision.

If the offeror has no recent or relevant past performance, it shall affirmatively state that it possesses no recent or relevant past performance. In the event that no relevant or recent Past Performance is identified for an offeror and the offeror has affirmatively stated no relevant or recent past performance exists, the Government will rate the offeror as neutral. Offers rating neutral or meeting past performance quality and experience requirement will then be eligible for award.

VETERANS PREFERENCE

For SDVOSBS/VOSBs: In order to receive credit under this Factor, an Offeror shall submit a statement that it qualifies as a SDVOSB or VOSB. Offerors are cautioned that they must be registered and certified by the Small Business Administration (SBA) database (https://veterans.certify.sba.gov/) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both proposal submission and at time of award.

The Government will assign full evaluation credit for an Offeror (prime Contractor) which is a registered and CVE verified SDVOSB. The Government will assign partial evaluation credit for an Offeror (prime Contractor) which is a registered and CVE verified VOSB.

For Non-SDVOSBs/VOSBs: To receive some consideration under this Factor, an Offeror must state in its proposal the names of SDVOSB(s) and/or VOSB(s) with whom it intends to subcontract and provide a detailed description and the approximate dollar values of the proposed subcontracts. Additionally, For Non-SDVOSBs/VOSBs: Contractors submitting a quote to use a SDVOSB for 5% or more of the quoted dollar value (total price) or a VOSB for 7% or more of the quoted dollar value

Furthermore, proposed SDVOSB/VOSB subcontractors must be registered and certified in SBA database (https://veterans.certify.sba.gov/) in order to receive some consideration under the Veterans Preference Factor and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of proposal submission and time of award.

PRICE EVALUATION APPROACH

Price will not be evaluated adjectively or assigned a score The Firm Fixed Price spreadsheet in ATTACHMENT B - Price Cost Schedule will be reviewed and all proposed Contract Line-Item Number (CLIN) prices, including Options, will be added for a total price for evaluation purposes. The Government may determine that a proposal is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

To evaluate price, techniques in FAR 15.404-1 (b) (2) will be used. When contracting on a firm-fixed-price, comparison of the proposed prices will usually satisfy the requirement to perform a price analysis, and a cost analysis need not be performed.

Each CLIN will be evaluated using the estimated quantities provided in Attachment A - Price Cost Schedule of the solicitation. The Total Proposed Cost will be the aggregate sum of all CLINs for the entire period of performance. The SLA fee of 3% shall be included in the total proposed unit price.

Example:

CLIN 0001: $61.80 x 2 = $123.60 CLIN 0002: $46.25 x 4 = $185.00 Total Evaluated Cost = $308.60 The proposed firm-fixed unit prices will be binding and incorporated in the resultant contract and utilized for all future orders placed during the term of the contract. The estimated quantities listed in Attachment A - Price Cost Schedule of the solicitation are listed for informational and evaluation purposes only and do not obligate the Government to purchase such quantity nor does the Government guarantee any volume of purchases through this contract.

Unbalanced Pricing - The Government may evaluate whether the Offeror has submitted unbalanced pricing. An unbalanced price is one where the price of one or more contract line items is significantly overstated or understated and which will result in the Government paying an unreasonably high price for contract performance or otherwise present an unacceptable level of risk to the Government. If the Contracting Officer determines that the risk is unacceptable, then the bid or offer can be rejected.

Price Reductions: Based on the anticipated volume of orders to be issued under this contract, Offerors are strongly encouraged to provide additional discounts and price reductions from their list prices.

In addition, if a quote is received from a Small Business Administration (SBA) certified HUBZone small business concern, quotes will be evaluated IAW FAR 52.219-4 by adding a factor of 10 percent to the price of all quotes, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

SUBCONTRACTING PLAN REQUIREMENTS

The Contracting Officer may require the submission of a subcontracting plan at any other time prior to award from only the apparently successful offeror. If the apparently successful offeror fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the offeror will be ineligible for award.

Only the apparently successful offerors subcontracting plan will be evaluated. The subcontracting plan will be evaluated as follows:

(End of Provision) D.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision— Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily;…