Combined Synopsis 22Q5006 NMCSD EEG.pdf

Combined Synopsis/Solicitation

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items and 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. This enclosure is an addendum to FAR provision 52.212-1, Instructions to Offerors – Commercial Items, which applies to this acquisition.

Competitive quotes are being requested under Request for Quote (RFQ) Number HT9410-22-Q-5006. The North American Industry Classification System (NAICS) code applicable to this acquisition is 334510 Electromedical and Electrotherapeutic Apparatus Manufacturing and the size standard is 1,250 employees. This procurement is issued as a Full and Open Competition.

DESCRIPTION OF REQUIREMENTS

The Government requires new Electroencephalography (EEG)/sleep equipment to conduct and record priority inpatient studies as needed in inpatient wards, the intensive care unit (ICU), pediatric intensive care unit (PICU), and neonatal intensive care unit (NICU). The Government requires three (3) fixed EEG/Sleep rooms with associated equipment to be able to conduct EEG or Sleep Studies and three (3) portable inpatient carts with EEG capabilities with all associated equipment. This procurement includes delivery and installation of the equipment.

To be considered acceptable and eligible for award, quotes must meet ALL the terms and conditions of the Scope of Work (see Attachment 1). The Government will not consider quotes or offers who cannot meet the Scope of Work.

DELIVERY: Naval Medical Center San Diego. 34800 Bob Wilson Drive San Diego, CA 92134, 619-532-6400.

Delivery and installation must be completed within 45 days after receipt of order.

QUOTER INSTRUCTIONS

The Government intends to award a Firm Fixed Price contract to the responsive, responsible vendor, whose quote conforming to the solicitation is most advantageous to the Government, as defined in the EVALUATION FACTORS FOR AWARD section below. A complete quote must be received for consideration. Respond to each item listed below; if the response is “None” or “Not applicable,” explicitly state and explain. The Government may consider quotes that fail to address or follow all instructions to be non-responsive and ineligible for contract award. A complete quote includes a response and submission to each of the following:

1. General Information: Quoter Business Name, Address, Cage and Unique Entity ID (ensure

Representation and Certifications are up to date in SAM.gov), Business Size and Type of Small Business based on applicable NAICS Code as provided above, Federal Tax ID, Primary Point of Contract (to include telephone and e-mail address). FAR provision 52.212-3, Alternate I, Offeror Representations and Certifications – Commercial Items, applies to this acquisition. Quoter must include a completed copy of this provision with quote.

2. Technical Documentation:

Technical Approach or Specifications: Quoters are encouraged to submit product manufacturer specifications, pictures, brochures, and/or other pertinent technical information to facilitate the evaluation.

3. Past Performance: provide two (2) references with the point of contact name, telephone number, e-mail address, and contract number, for which you have provided RECENT and RELEVANT delivery of similar equipment required in this solicitation within the last 3 years. Past performance will be evaluated based on references and information from authorized government past performance systems and resources.

RECENT is defined as having delivered similar equipment in the last three years. RELEVANT is defined as having delivered similar EEG equipment. Past performance information not meeting the above criteria will not be used for evaluation.

4. Price Quote: Complete Attachment 2 - PRICING SCHEDULE and provide the below proposal support. Total price must be in US Dollars ($). Note: Ensure FOB Destination shipping and handling costs AND other ancillary customer services, such as providing for a representative during the work permit process to include meetings, are included in the pricing.

Proposal Support: A detailed breakdown of the total proposed price is required to include part/model number, description, quantity, quoted price per item and extended total price per line item. All costs should support the quote provided in Attachment 2.

EVALUATION FACTORS FOR AWARD:

Basis for Award: The Government intends to award a purchase order to the responsive responsible vendor whose quote conforming to the RFQ is most advantageous to the government, price and non-price factors considered.

Technical and past performance, when combined are more important than price. The vendor must be registered in the System for Award Management (SAM). The Government reserves the right to award no contract at all, depending on the quality of quotes submitted, and the availability of funds.

Award may be made without discussions with quoters (except communications conducted for the purpose of minor clarification). Therefore, each initial offer should contain the quoter's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary.

As this is a competitive procurement using FAR Part 13 procedures, the basis for award will consider the supplier’s past performance and data in the Contractor’s Past Performance Assessment Reporting System (CPARS) and/or Supplier Performance Risk System (SPRS) for the FSC and PSC of the supplies being purchased (see DFARS 213.106-2(b)(i)).

Factor I – Technical: The Government will evaluate the quote to see if specification requirements, as defined above are met, to include all information required for a complete quote. Technical capability statements will be evaluated as:

TECHNICAL CAPABILITY EVALUATION FACTORS

ACCEPTABLE Quote clearly meets ALL of the specifications requirements of the solicitation and ability to comply with the Statement of Work.

UNACCEPTABLE Quote does not clearly meet ALL the specification requirements of the solicitation and/or inability to comply with the Statement of Work.

Factor II – Price: The Government will evaluate the total price, to determine if it is fair and reasonable. The price quote shall include a total firm-fixed-price for the required equipment. The total firm-fixed-price shall include all applicable shipping, and handling costs to the shipping address listed above.

Each technically acceptable quoter’s proposed price will be evaluated by the Government to determine the reasonableness of prices for offered equipment by using one or more of the following price analysis methods which may include:

Evaluate quoted pricing against the Independent Government Cost Estimate (IGCE);

Price competition amongst technically acceptable offers.

Market research.

A quoter’s pricing must be determined to be fair and reasonable in order to be eligible for award.

Factor III – Past Performance: The Government will evaluate past performance by reviewing quoter’s submitted past performance information and other sources that may include, but are not limited to, information from Government personnel and information from the Government websites Supplier Performance Risk System (SPRS) or CPARS as stated above in paragraph 2 for basis for award.

The past performance evaluation results in an assessment of the quoter’s probability of meeting the solicitation requirements. The past performance evaluation considers each quoter’s demonstrated recent and relevant record of performance in delivering/supplying equipment that meet the contract’s requirements. The recency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance shall be considered. The past performance confidence assessment rating is based on the offeror’s overall record of recency, relevancy and quality of performance. These are combined to establish one performance confidence assessment rating for each quoter.

Past Performance Evaluation Factors

Adjectival Rating Description

Substantial Confidence Based on the quoter’s recent/relevant performance record, the Government has a high expectation that the quoter will successfully deliver required supplies.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the quoter will successfully deliver required supplies.

Neutral Confidence No recent/relevant performance record is available or the quoter’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The quoter may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the quoter’s recent/relevant performance record, the Government has a low expectation that the quoter will successfully deliver required supplies.

No Confidence Based on the quoter’s recent/relevant performance record, the Government has no expectation that the quoter will be able to successfully deliver required supplies.

In order to be considered for award, the quoter’s evaluated past performance cannot be either “Limited Confidence” or “No Confidence”.

The relative order of importance of the non-price evaluation factors is the Technical (Factor I) is of equal importance to the Past Performance evaluation/performance confidence assessment factor (Factor III). When the quote is evaluated as a whole, the technical factor and past performance/performance confidence assessment factor combined (i.e., the non-price evaluation factors), are more important than price.

Award will be made to the responsible quoter whose quote conforms to the solicitation and represents the best value to the Government, price and non-price factors considered.

DUE DATE AND SUBMISSION INFORMATION

Eligible Quoters: All quoters must have a completed registration in the System for Award Management (SAM) website prior to award of contract. Information can be found at https://www.sam.gov/. Complete SAM registration means quoters shall have registered CAGE and DUNS Codes.

Page Limitations: None.

Formatting Requirements: Submit quotes in electronic PDF and or Excel format. Text shall be formatted on a 8.5x11 page in 12 point Times New Roman font.

Questions Due Date and Submission Requirements: All questions must be received by Friday, June 17, 2022, at 10:00AM, Pacific Time. Questions must be submitted by email to jaime.m.rabacal.civ@mail.mil , and include RFQ# HT9410-22-Q-5006 on the Subject line in all inquiries. Questions may be addressed at the discretion of the Government.

RFQ Due Date and Submission Requirements: This RFQ closes on Monday, June 27, 2022 at 10:00 AM, Pacific Time. Quotes must be emailed to the Contract Specialist jaime.m.rabacal.civ@mail.mil, use RFQ# HT9410-22-Q- 5006 in the subject line of the email and ensure there is receipt confirmation from the aforementioned Contract Specialist.

APPLICABLE PROVISIONS AND CLAUSES

This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-06 effective 20220526 and Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN) 20220526. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The clauses can be accessed in full text at https://www.acquisition.gov/content/regulations.

The current version of the following FAR, DFARS, and DHA provisions (as of the date of this RFQ) incorporated by reference, apply to this acquisition:

52.204-7, System for Award Management

52.204-16, Commercial and Government Entity Code Reporting

52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(OCT 2020)

52.204-26, Covered Telecommunications Equipment or Services- Representation

52.212-1, Instructions to Offers – Commercial Items

52.212-3, Alternate 1, Offer Representation and Certifications – Commercial Items

252.203-7005, Representation Relating to Compensation of Former DoD Officials

252.204-7016, Covered Defense Telecommunications Equipment or Services- Representation

252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services- Representation

252.213-7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

252.225-7055, Representation Regarding Business Operations with the Maduro Regime (MAY 2022)

52.252-1 Solicitation Provisions Incorporated by Reference This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far (FAR provisions and deviations) and https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ (DFARS provisions)

(End of provision)

52.252-5, Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

PD 03-03 Rev 000 - Improper Business Practices & Personal Conflicts of Interest – Enclosure 1

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.[X] IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

L.[X].1 The Offeror’s attention is directed to FAR, Part 3 and DFARS, Part 203, “Improper Business Practices and Personal Consultant Conflicts of Interest.”

L.[X].2 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011)

(a) Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

L.[X].3 Use of Former DoD/Defense Health Agency (DHA) Employees and Uniformed

Service Members in Proposal Preparation. The involvement of a former DoD/DHA employee/member in an offeror’s proposal preparation may give rise to an unfair competitive advantage or the appearance thereof, if the former DoD/DHA employee/ member acquired non-public, competitively-useful information in his or her former position. Such knowledge could include proprietary information of competitor’s performance on past or current contracts with similar requirements or source selection sensitive information pertaining to this procurement.

Consequently, the Offeror must notify the Contracting Officer prior to the involvement in the proposal preparation by a former DoD/DHA employee/member reasonably expected to have had access to such information. Based on the notification, the Contracting Officer will make a determination whether involvement of the former DoD/DHA employee/member in proposal preparation could create an unfair competitive advantage or appearance thereof. The Contracting Officer will further determine whether any mitigation measures taken or proposed by the offeror are adequate to alleviate this concern or whether the offeror will be disqualified from the competition. Failure to comply with these procedures may result in the offeror’s disqualification for award.

The current version of the following FAR and DFARS clauses (as of the date of this RFQ) incorporated by reference, apply to this acquisition:

52.204-13, System for Award Management Maintenance

52.204-18, Commercial and Government Entity Code

52.212-4, Contract Terms and Conditions – Commercial Items

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

252.203-7000, Requirements Relating to Compensation of Former DoD Officials

252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Service

252.211-7003, Item Unique Identification and Valuation

252.211-7008, Use of Government-Assigned Serial Numbers

252.223-7008, Prohibition of Hexavalent Chromium

252.225-7001, Buy American and Balance of Payments Program—Basic

252.225-7012, Preference for Certain Domestic Commodities

252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

252.232-7006, Wide Area WorkFlow Payment Instructions

252.232-7010, Levies on Contract Payments

252.232-7017, Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration

252.244-7000, Subcontracts for Commercial Items

252.246-7008, Sources of Electronic Parts

252.247-7023, Transportation of Supplies by Sea- Basic

52.252-2, Clauses Incorporated by Reference This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

The FAR provisions, clauses and deviations can be accessed in full text at https://www.acquisition.gov/browse/index/far (FAR clauses and deviations) and https://www.acquisition.gov/dfars (DFARS clauses).

52.252-6 Authorized Deviations In Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR

Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

PD 03-03 Rev 000 - Improper Business Practices & Personal Conflicts of Interest – Enclosure 2

H.[X] IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

H.[X].1 DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD

Officials (Sep 2011)

(a) Definition. “Covered DoD official,” as used in this clause, means an individual that—

(1) Leaves or left DoD service on or after January 28, 2008; and

(2) (i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served—

(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;

(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or

(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or

(ii) Serves or served in DoD in one of the following positions: program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.

(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service; without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.

(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C.

2105(c).

FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders- Commercial Items, applies to this acquisition and includes the following clauses by reference:

52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) with Alternate I (Oct 1995)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

52.219-8, Utilization of Small Business Concerns

52.219-9, Small Business Subcontracting Plan

52.219-28, Post-Award Small Business Program Representation

52.222-3, Convict Labor

52.222-19, Child Labor- Cooperation with Authorities and Remedies (DEV 2020-O0019 Revision 1)

52.222-21, Prohibition of Segregated Facilities

52.222-26, Equal Opportunity

52.222-35, Equal Opportunity for Veterans

52.222-36, Equal Opportunity for Workers with Disabilities

52.222-37, Employment Reports on Veterans

52.222-50, Combating Trafficking in Persons

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

52.232-33, Payment by Electronic Funds Transfer- System for Award Management

RFQ ATTACHMENTS

1. Statement of Work

Enclosure A – Work Permit Forms 3.0

2. Pricing Schedule

3. Representations & Certifications 52.204-24 Check and Sign (NOV 2021)

4. Representations & Certifications 52.204-26 Check and Sign (OCT 2020)

5. Representations & Certifications 252.204-7016 (DEC 2019) & 252.204-7017 Check and Sign

(MAY 2021)

6. Representations & Certifications 252.225-7055 Acknowledge (MAY 2022)