CLAUSES-ATTACHMENT C.pdf

CLAUSES- ATTACHMENT C

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

Proposals shall be submitted via email to the Contracting Specialist at Cynetra.Moore@va.gov. The size limitation is 10 Megabytes per e-mail. The subject line of the email shall read the solicitation number

(36C24822Q0382) and the company name. For example: “36C24822Q0382-Company Name”. Each proposal 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 proposal. Your proposal must be based on the terms of this RFQ. We might reject any proposal that is not based on these terms in every respect. Your proposal must contain all of the information described below.

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

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

Offerors shall have the capability to provide Brand name or equal supplies.

Offerors shall provide a statement that the product meets all requirements of the Scope of Work.

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 remanufactures or gray market items will be acceptable.

Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e.

replacement parts), 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, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment 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 remanufactured or gray market item(s) delivered to a VA medical facility upon discovery such items.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1552_216891

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

(Tailored)

Comparative Evaluation

(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. The following factors shall be used to evaluate offers:

The Government will award a Fixed Price with estimated quantities requirements contract to the responsible offerors using a comparative evaluation. The comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3). The government reserves the right to select a quotation that provides benefit to the government that exceeds the minimum but is not required to do so. Offerors are advised that proposals may exceed the requirements, but the government is not requesting or accepting alternate proposals; each response must at a minimum meet the solicitation requirement statement.

The government will apply the following comparative evaluation process as the basis for award:

Assess the direct comparison of one proposal with another using a uniform and fair approach to determine which proposal provides the government what it needs, where and when in accordance with the scope of work and RFQ.

Once one proposal is found acceptable, it is compared to the remaining ones, and the “best” one is chosen for the best value to the government.

Price shall be submitted using the enclosed Price Schedule.

Information not contained in a vendor’s proposal will not be considered during the evaluation. The

Government intends to make award selection without clarification but may determine after evaluating submitted proposals that the elements stated in FAR 13.106-2(b) for evaluation procedures are necessary and conduct them as appropriate. The Government reserves the right to make no award if no proposals meet the requirements of this solicitation.

The following factors shall be used to evaluate offers:

Technical Capability. Each offeror’s proposal shall be evaluated based on equipment and services specifications, to determine if the offeror provides a sound, compliant approach that meets the requirements of the Scope of Work and demonstrates a thorough knowledge and understanding of those requirements and their associated risks.

Past Performance. The Government will perform an independent determination of relevancy of the data provided or obtained. The past performance evaluation factor assesses the degree of confidence the

Government has in an offeror's ability to supply products and services that meet users' needs, based on a demonstrated record of performance. The Government will rely on internal documentation including the

Contract Performance Assessment Reporting System (CPARS) for determining the Past Performance of the offeror.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1612_228754

Price. Price analysis techniques may be utilized to further validate price reasonableness. The Government shall evaluate for award purposes, the price of the supplies or services being acquired based upon the total price proposed for items identified for pricing which are applicable to the basic requirements.

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) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2009_286971 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2209_327752

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 52.216-18, Ordering, applies to this acquisition.

The clause at 52.216-21, Requirements, applies to this acquisition.

The clause at 52.216-27, Single or Multiple Awards, applies to this acquisition.

The clause at 52.217-6, Option for Increased Quantity, applies to this acquisition.

The clause at 52.217-9, Option To Extend the Term of the Contract, applies to this acquisition.

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 852.211-73, Brand name or equal

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 852.219-77, VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction. (Deviation)

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 852.270-1, Representatives of Contracting Officers

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 https://acquisition.gov/far/html/52_216.html#wp1115031 https://acquisition.gov/far/html/52_216.html#wp1115057

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

52.211-6, Brand Name or Equal

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

52.211-6, Brand Name or Equal

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