Combined Synopsis - Final.pdf

Indian Health Service (IHS) A-DEC Dental Operatory Equipment

TO RECEIVE UP TO DATE INFORMATION ON THIS REQUIREMENT, INCLUDING ANSWERS

TO VENDOR QUESTIONS, MODIFICATIONS TO THE REQUIREMENT OR EXTENSIONS TO THE

OFFER DUE DATE, USE THE FOLLOW THIS REQUIREMENT FEATURE TO ENSURE SYSTEM

NOTIFICATIONS.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. d

Solicitation # RFQ-23-PHX-079 and this notice is issued as a Request for Quotation (RFQ). This is a combined synopsis/solicitation for commercial commodities/services. Submit written quotes only, oral offers will not be accepted. All firms or individuals responding must be registered with the System for Award Management (SAM).

This requirement is under North American Industrial Classification Standard (NAICS) codes: 339114; 750 employees. This requirement has no small business set-aside.

REQUIREMENTS: Indian Health Service (IHS) – Phoenix Area Office (PAO), 40 North Central Ave., Phoenix, Arizona 85004-4424 has a Brand

Name requirement for A-DEC Dental Operatory Equipment for various dental clinics.

*See attached Bill of Materials for items, descriptions and part numbers.

This procurement is for NEW Equipment ONLY; no remanufactured or "gray market" items. Vendor shall be an Original Equipment

Manufacturer (OEM authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system such that OEM warranty and service are provided and maintained by the OEM). All, warranty and service associated with the equipment shall be in accordance with the

OEM terms and conditions. All Equipment must be covered by the manufacturer's warranty. The quote MUST include a copy of the authorized distributor letter from the manufacturer or other means to verify the lineage of the products being quoted.

SERVICE PERFORMANCE LOCATION(S):

Hopi Health Care Center U & O Service Unit Peach Springs Health Center Elko Service Unit

Hwy 264, MP388 6822 East 1000 South 943 Hualalpai Way 515 Shoshone Circle

Polacca AZ 86042 Fort Duchesne UT 84026 Peach Springs AZ 86434 Elko NV 89801

QUESTIONS DUE DATE: 09/14/2023 8:00 AM PDT – all questions must be submitted via email.

QUOTE DUE DATE: 09/19/2023 8:00 AM PDT - all quotes must be submitted via email.

This is an open-market combined synopsis/solicitation for products as defined herein. The government intends to award a purchase order as a result of this combined synopsis/solicitation to the responsive and responsible vendor whose conforming response is determined to provide the best value to the Government, price and other factors considered.

Contracting Officer (CO) and Contracting Officer Representative(s) (COR(s)) Quality Assurance Personnel. The CO will appoint CORs for management of the day-to-day activities of this requirement. The identity, title, and authority of this representative will be provided in writing to the Contractor after award.

This combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular

(FAR) FAC 2023-04 dated June 2, 2023.

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/far/part-52.

The following solicitation provisions apply to this acquisition:

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023)

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022)

Offerors to be considered responsible, shall have an active registration status, prior to award, in the System for Award Management (SAM), FAR provision 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022). The provision can be submitted at www.sam.gov.

CLAUSES INCORPORATED BY REFERENCE:

The following provisions and clauses shall apply to this solicitation: 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): www.acquisition.gov/far/ (FAR) and www.acquisition.gov/hhsar (HHSAR);

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023);

52.212-3 Offeror Representations and Certification - Commercial Products and Commercial Services (Dec 2022);

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Dec 2022);

52.217-5 Evaluation of Options (JULY 1990);

52.217-8 Option to Extend Services (NOV 1999);

52.217-9 Option to Extend the Term of the Contract (MAR 2000);

52.222-3 Convict Labor (JUN 2003);

52.222-21 Prohibition of Segregated Facilities (APR 2015);

52.222-26 Equal Opportunity (Sept 2016);

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020);

52.222-41 Service Contract Labor Standards (Aug 2018);

52.225-1 Buy American-Supplies (Oct 2022);

52.225-13 Restrictions on certain foreign purchases (Feb 2021);

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018);

52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013);

52.233-2 Service of Protest (SEP 2006);

52.252-1 Solicitation Provisions Incorporated by Reference;

52.204-7 System for Award Management (Oct 2018).

CLAUSES INCORPORATED BY FULL TEXT:

52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

The provision at FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023), applies to this solicitation.

L

13.5 ADDENDUM – ADDENDUM to FAR 52.212-5 Instructions to Offerors – Commercial Items Sub-Part 13.5 Simplified Procedures for Certain

Commercial Items. h

CLAUSES INCORPORATED BY FULL TEXT:

FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

The provision at FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Sept 2023), applies to this solicitation.

TECHNICAL PROPOSAL: Offerors shall provide a technical quote that includes past performance. Quotes must submit a technical narrative that communicates an understanding of the Statement of Work.

Proposed Solution: The technical quote shall identify the Brand Name items requested. Quotes may be evaluated for technical acceptance on a pass/fail basis; items not clearly meeting the technical minimums specified, may be deemed unresponsive and not further evaluated.

Proof of FDA device approval must be submitted, if applicable. Technical acceptance will be evaluated against the attached Statements of Work (SOW).

Delivery schedule: Vendor shall submit a proposed delivery schedule.

RECENT & RELEVANT PAST PERFORMANCE: Offerors must submit past performance that is current and relevant as defined herein. Offerors may submit a maximum of 5 (minimum of 3) examples of their past performance with their offer to include prime contract and subcontracts. Past performance information should contain the following:

Project title;

Description of the project;

Contract number;

Contract amount;

Government Agency/Organization;

COR’s & CO’s name, address, and phone number;

Current status, e.g., completed and/or if in progress, start and estimated completion dates; and A brief narrative of why you deem the reference to be relevant to this effort.

The Government may also consider information obtained through other sources. Past performance information will be utilized to determine the probability of success relative to the required effort.

Recent is defined as having been completed within the last 24 months from close date of this solicitation. Relevant is defined as any contract or subcontract valued at $300,000 or greater with a similar type requirement.

Relevant Past Performance evaluation via Past Performance Information Retrieval System (PPIRS). PPIRS records for the identified contract will be assessed and other records within PPIRS may be considered. No submission is required for this section.

PRICING: Price will be evaluated in whole, on an all or none basis, meaning quotes that do not include all items requested, unless for availability reasons, or end of life, the quote may be deemed unresponsive, and not further evaluated.

FAR 52.212-2, Evaluation – Commercial Items.

(a) Evaluation procedures will be IAW FAR 13.106. The Government will select the quote that represents the best benefit to the Government at a price that can be determined reasonable. The Government will perform a comparative evaluation of technical solution, past performance, and price. Technical solution will consist of the following:

Proposed materials/technical solution Planned delivery schedule

Past performance consists of PPIRS and FAPIIS data and relevant past performance. For price, all line items will be evaluated together as a total contract value.

(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.

(End of Provision)

FAR 52.212-3 -- Offeror Representations and Certifications—Commercial Products and Commercial Services (Sep 2023) - 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. Full Text clause can be found in attachments.

FAR 52.212-4 -- Contract Terms and Conditions—Commercial Products and Commercial Services (Dec 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

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

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

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

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

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

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

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

(g) Invoice (**See HHSAR 352.232-71 Electronic Submission of Invoice Payment Requests (Feb 2022)). (1) The Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site. (vii) Name and address of official to whom payment is to be sent;

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

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

(i) Payment.-http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

Contractor.

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

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

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

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

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

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(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and

Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User

License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

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(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.252-2 – Clauses Incorporated by Reference (Feb 1998) 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):

https://www.acquisition.gov/far/part-52

Dept. of Health & Human Services Acquisition Regulation (HHSAR) (48 CFR Chapter 3) Clauses (Incorporated by Reference):

No. HHSAR Clause No. Title Date 352.203-70 Anti-Lobbying DEC 2015 352.208-70 Printing and Duplication DEC 2015 352.223-70 Safety and Health DEC 2015 352.227-70 Publications and Publicity DEC 2015 352.239-74 Electronic and Information Technology DEC 2015 Accessibility

HHSAR 352.232-71 Electronic Submission of Invoice Payment Requests (Feb 2022)

(a) Definitions. As used in this clause Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), Content of Invoices and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(END OF CLAUSE)

Arizona State Taxes. The Department of Health and Human Services, Phoenix Indian Medical Center, is Tax Exempt under A.R.S.42- 5063(C)(3)(a), A.R.S.42-5067(B)(1), A.R.S.42-5065(B)(2)(a), A.R.S.42-5066(B)(3) (a), A.R.S.42-5074(B)(8), A.R.S.42-5071(B)(2)(a), A.R.S.42- 5061(A)(25)(a), and A.R.S.42-5159(A)(13)(a),(b),(c), State of Arizona Department of Revenue. (Copy of Certificate available upon request).