COMBINED SYNOPSIS SOLICITATION - 36C26120Q1083-NEUWAVE ABLATION SYSTEM-.pdf

THIS IS A JOHNSON AND JOHNSON HEALTHCARE/ETHICON BRAND NAME ONLY

REQUIREMENT

NEUWAVE MICROWAVE ABLATION SYSTEM

Original equipment ONLY; NO copied or remanufactured or “gray market” items. All parts must be covered by the manufacturer’s warranty. Authorized dealers: A letter from the manufacturer stating your company is an authorized distributor of the product must be submitted by the due date.

This is a 100% Service-Disabled Veteran-Owned Small Business Set-Aside Requirement.

Only electronic offers will be accepted. Offers are due to Katherine.Fairley@va.gov by Friday, September 4, 2020, 3:00 p.m. Pacific Time.

Vendors that can provide a brand name package are encouraged to submit a quote.

All interested companies shall provide quotations for the following:

PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NO.

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

0001 NEUWAVE MICROWAVE

ABLATION SYSTEM

1.00 EA

NW Ablation System, with Ablation Confirmation

PRODUCT NO: NWC1US1N

GRAND TOTAL

mailto:Katherine.Fairley@va.gov

Delivery must be provided no later than 30 days after receipt of order. FOB Destination. The contractor shall deliver the item to VA Palo Alto Health Care System, 3801 Miranda Ave., Palo Alto, CA 94304.

Place of Performance:

Address: 3801 Miranda Ave.

Palo Alto, CA

Postal Code: 94304-1207

Country: UNITED STATES

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The full text of VAAR provisions or clauses may be accessed electronically at https://www.va.gov/oal/library/vaar/index.asp

The following solicitation provisions apply to this acquisition:

• FAR 52.204-7, “System for Award Management” (OCT 2018)

• FAR 52.204-16, “Commercial and Government Entity Code Reporting” (JUL 2016)

• FAR 52.212-1, “Instructions to Offerors–Commercial Items” (OCT 2018)

• FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” (DEC 2019)

Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

• FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” (OCT 2018)

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

• 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

• VAAR 852.203-70 Commercial Advertising (MAY 2008) http://acquisition.gov/comp/far/index.html

• VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (JUL 2019)

• VAAR 852.232-72 Electronic Submission of Payment Requests (NOV 2018)

• VAAR 852.246-71 Rejected Goods (OCT 2018)

• FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items” (JUL 2020)

The following subparagraphs of FAR 52.212-5 are applicable:

Subparagraphs (b) 4, 8, 22(i), 27, 28, 29, 30(i), 32(i), 35(i), 44, 48, 51 and 58 are considered checked and apply.

The following clauses and provisions applies to this acquisition:

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(OCT 2018)

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

The Government intends to make award based on initial quotes. Accordingly, vendors are encouraged to submit their initial quotes based upon most favorable terms, prices, technical and other factors.

1) Vendors shall provide a quote in Two (2) separate volumes:

(a) Volume 1: Vendor Quote.

(b) Volume 2: Complete Price/Cost Schedule

2) Vendor must be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor or authorized reseller for the proposed items such that OEM warranty and service are provided and maintained by the OEM; verified by authorization letter or other documents from the OEM.

• FAR 52.212-2, “EVALUATION – COMMERCIAL ITEMS (OCT 2014)

(a) The Government intends to evaluate quotes and award a contract without discussions (except clarifications). Therefore, the offerors initial quote should contain the offeror’s best terms from a price and technical standpoint. Award will be made to the responsive, responsible offeror whose quote conforming to the solicitation will be the most advantageous to the Government.

The following factors shall be used to evaluate offers:

1. Price: Price is considered fair and reasonable.

2. Technical: Quote must be an “exact match” to the Neuwave Microwave Ablation System with Ablation Confirmation.

Grey Market Prevention Language

(a) 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.

(b) Vendor must 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.

(c) 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 of such items.

All quoters shall submit the following: one copy of their best and final quote.

Point of Contact: Katherine Fairley, Contract Specialist

All quotations must be emailed to Katherine.Fairley@va.gov.

This is an open-market Combined Synopsis/Solicitation for a Neuwave Microwave Ablation System with Ablation Confirmation as defined herein. The government intends to award a purchase order as a result of this Combined Synopsis Solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoter shall list exception(s) and rationale for the exception(s).

Submission must be received not later than Friday, August 4, 2020, 3:00 p.m. Pacific Time.

Emailed offers will be accepted. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Point of Contact: Katherine Fairley, Contract Specialist, Katherine.Fairley@va.gov.