Combined Synopsis Solicitation CO Updated.docx

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information:

Contracting Office Address:

Charlie Norwood VA Medical Center 1 Freedom Way Augusta, GA 30904 Description:

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,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-05

The associated North American Industrial Classification System (NAICS) code for this procurement is 325412, with a small business size standard of 1250 employees.

The Charlie Norwood VA Medical Center, 1 Freedom Way, Augusta GA 30904 is seeking to purchase a Pharmabiotics Hanel Rotomat 2200 Series Vertical Carousel Storage System. Requirement is Brand Name or Equal, see FAR 52.211-6.

Prior to submitting a quote All Vendors shall be Registered as Active in https://www.sam.gov/SAM/

Point of Contact:

POC for this acquisition is Cedric Belmont, 803-776-4000, Ext: 1836; cedric.belmont@va.gov

You are reminded that representatives from your company SHALL NOT contact any VA Medical Center employees to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer (CO), Cedric Belmont at cedric.belmont@va.gov

STATEMENT OF REQUIREMENTS

Carousel and BD Pyxis Logistics

BRAND NAME OR EQUAL

A. GENERAL INFORMATION

1. Purpose: Purchase of BD Pyxis Logistics and Carousel.

2. Scope of Work: The Contractor shall provide all material, equipment, labor and supervision required to install the carousel and BD Pyxis Logistics software. The Contractor will install and connect the equipment to the hospital network. After installation, the Contractor shall test/inspect the system to ensure correct performance and provide written documentation supporting functionality and performance.

3. Background: The purchase of the carousel and BD Pyxis Logistics software will allow the pharmacy to manage pharmacy inventory and automate critical workflows electronically. The carousel and software duo will ultimately help facilitate procurement, receiving, stocking, picking, and returning medication across the facility.

4. Performance Period: The Government intends to make this a one-time purchase of equipment and initial year of maintenance, support, delivery, and installation completed within sixty (60) days from the award date.

5. Type of Contract: The contract will be a Firm-Fixed-Price contract.

6. Place of Performance: Delivery shall be made to Charlie Norwood VA Medical Center, 1 Freedom Way, Building 111 Warehouse, Augusta GA 30904.

7. Hours of Service:

a. Work shall be conducted during Charlie Norwood VA hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding weekends and holidays.

b. Warehouse deliveries are accepted between 8am and 3:30pm, Monday through Friday, excluding weekends and holidays.

Federal Holidays

Juneteenth June 19th

B. GENERAL REQUIREMENTS

Note to Vendors: Contractor shall provide all the equipment listed in the chart below or an equal item. For your offer to be deemed acceptable you must provide a quote on company letter head and quotes must meet or exceed the Salient Characteristics referenced below.

Salient Characteristics: The Pharmabiotics Hanel Rotomat 2200 Series Vertical Carousel Storage System is vertical in style and allows greater storage with minimal floor space usage. This will eliminate the need for the use of ladders or picking stools by bringing the products stored to an ergonomically retrieval point. It contains multi-functional carriers that can be configured to meet the service lines storage needs. This system has a safety bypass system and load imbalance warning system increasing staff safety. The Hanel MP 12N Microprocessor control system will integrate with the VA’s data management system and other peripheral devices ensuring greater accountability of drug inventories. The MP-100D Central Controller will allow all carousels being purchased to be interconnected allowing quicker access to the stored products. In addition to the carousels a server, printer, keypad, and other supporting devices are being purchased.

2200 Series Vertical Carousel Storage Systems

Specifications:

Machine Width: 118.5, 134.5 in Machine Depth: 64 in Machine Height: 7.4 - 20.4 ft Number of Pans: 8 - 26 STD Pan Width: 102, 118 in Pan Depth: 24.5 in Pan Capacity: 400 lbs.

Pan Opening: 10.06, 13.06, 16.06, 17.06 in Pitch: 12, 15, 18, 19 in Storage Capacity: 146 - 628 cu ft Motor: 2 HP AC

Features:

•Intermediate shelves •Multiple height openings with fail-safe inventory access •Override Drill Kit •PC Stand •Refrigeration - Air or Water Cooled •Clean-room - ISO3

•ISO8

•TNFPA fire protection – Dry/Wet •Light-directed put/pick •Pan Type: Stainless steel, Perforated, Polyamory coating, Anti-Static coating •HEPA filter •Inert gas flush •ERP/MRP interface •Multiple level user security and tracking with IR, RF, or bar code ID •Weigh Scale/Display in counter •Ergonomic Access Opening •Heavy duty drive system and outside coating •Access panels on front and side for maximum access and ease of maintenance •High performance SEW motor and gear box •Stable track with quiet pan guide system •Factory direct service on site and by phone from trained engineers available 24/7 •Efficiency in picking and fulfillment •ROI - companies often recover their investment in less than 12 months •Reduced labor - save up to two-thirds of previously required labor - hours •Integration with WMS, ERP, and MRP systems

2200 Series Vertical Carousel Storage Systems

Specifications:

Machine Width: 118.5, 134.5 in Machine Depth: 64 in Machine Height: 7.4 - 20.4 ft Number of Pans: 8 - 26 STD Pan Width: 102, 118 in Pan Depth: 24.5 in Pan Capacity: 400 lbs.

Pan Opening: 10.06, 13.06, 16.06, 17.06 in Pitch: 12, 15, 18, 19 in Storage Capacity: 146 - 628 cu ft Motor: 2 HP AC

Features:

•Intermediate shelves •Multiple height openings with fail-safe inventory access •Override Drill Kit •PC Stand •Refrigeration - Air or Water Cooled •Clean-room - ISO3

•ISO8

•TNFPA fire protection – Dry/Wet •Light-directed put/pick •Pan Type: Stainless steel, Perforated, Polyamory coating, Anti-Static coating •HEPA filter •Inert gas flush •ERP/MRP interface •Multiple level user security and tracking with IR, RF, or bar code ID •Weigh Scale/Display in counter •Ergonomic Access Opening •Heavy duty drive system and outside coating •Access panels on front and side for maximum access and ease of maintenance •High performance SEW motor and gear box •Stable track with quiet pan guide system •Factory direct service on site and by phone from trained engineers available 24/7 •Efficiency in picking and fulfillment •ROI - companies often recover their investment in less than 12 months •Reduced labor - save up to two-thirds of previously required labor - hours •Integration with WMS, ERP, and MRP systems

BD Pyxis Logistics Software Specifications/Features:

1. Must be compatible with existing pharmacy automation software.

2. The Contractor shall provide delivery from the dock/warehouse to the final use location.

3. The contractor shall install all carousel and BD Pyxis Logistics components and link to the hospital network, including all required software for activation and connection.

4. The Contractor shall preform testing of equipment functionality and safety checks to the manufacture’s specifications.

5. The Contractor shall set up user operating profiles on the BD Pyxis Logistics software and Pyxis equipment and ensure every user has received the provided end-user training.

6. The Contractor shall comply with National Fire Protection Association (NFPA), Occupational Safety and Health Administration (OSHA) and The Joint Commission, to include NFPA 70: National Electric Code and NFPA 101: Life Safety Code.

7. The Contractor shall clean up and leave the area of work ready for hospital business during the next day. All tools shall be fully supervised by contractor technicians and fully secured when not in use.

8. The Contractor shall provide one year of maintenance/support and a one-year warranty from the installation date, ensuring the system will meet the manufacturer’s published specifications when used per their application instructions. There will not be an additional charge for travel and labor for on-site warranty service.

Delivery shall be provided no later than 60 days after receipt of order/award of contract.

Place of Performance:

1 Freedom Way Augusta GA, 30904

The Government will award to the lowest priced technically acceptable quoter that conforms to all salient characteristics and all requirements identified within the combined synopsis / solicitation.

Evaluation Procedures:

Addendum to FAR CLAUSE 52.212-1 Instruction to Offerors

The Government will award to the lowest priced technically acceptable offeror that conforms to all salient characteristics and all requirements identified within the solicitation.

The non-price evaluation factors and sub factors as included in the solicitation are as follows:

An acceptable approach shall document the offeror is an authorized dealer / distributor / reseller / installer of all items quoted for sale.

An acceptable approach shall not include any Gray Market items.

a. Must meet all salient characteristics identified within the Schedule of Supplies

C. INVOICES

1. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR), and submitted electronically through OB-10 (https://portal.tungsten-network.com/).

2. A properly prepared invoice will contain:

a) Invoice Number and Date

b) Contractor’s Name and Address

D. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

2. The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response.

3. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

CLAUSES

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

Provision 52.212-1, Instructions to Offerors – Commercial (Oct 2015), applies to this acquisition.

Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items: All provisions and clauses applicable to this solicitation can be viewed in full text using the following web addresses:

http://www.acquisition.gov/far/index.html and http://www.va.gov/oal/library/vaar/

52.211-6 Brand Name or Equal (AUG 1999)

52.212-3 Offeror Representation and Certification – Commercial Items (FEB 2016) with their offer. Provision at 52.212-3 Offeror Representation and Certification can be accessed electronically at the following web address: http://www.acquisition.gov/far/index.html

Clause 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition.

Clause 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders—Commercial Items (APR 2015) applies to this acquisition.

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[x] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111- 117, section 743 of Div. C).

[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.

657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [x] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (Oct 2001) of 52.219-9.

[] (iii) Alternate II (Oct 2001) of 52.219-9.

[] (iv) Alternate III (OCT 2014) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[] (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O.

13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

[] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[X] (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-13.

[] (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C.

8259b).

[] (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [X] (41) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).

[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(End of Clause)

Statement regarding any Additional Provisions and Clauses, or other terms and conditions important to the requirement/procurement process consistent with commercial practices:

Provisions in full text:

52.225-18 Place of Manufacture (MAR 2015).

(a) Definitions. As used in this clause— “Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) FPSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) [] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [] Outside the United States.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998).

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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of provision)

852.212-71 Gray Market Items (APR 2020)

(a) No gray market or remanufactured items will be acceptable. 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 equipment only for VA medical facilities.

(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of clause)

852.252-70 Solicitation provisions or clauses incorporated by reference (JAN 2008). The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

(End of provision)

Provisions incorporated by reference are:

- 52.203-11 Certification and Disclosure regarding payments to Influence Certain Federal Transactions (SEP 2007);

- 52.204-7 System for Award Management (JUL 2013)

- 52.204-17 Ownership or Control of Offeror (NOV 2014)

- 52.211-6 Brand Name or Equal (AUG 1999)

- 52.212-1 Instructions to Offerors – Commercial Items (APR 2014);

- 52.225-25 Prohibition on Contracting with entities engaging in certain activities or transactions relating to Iran – Representation and Certification (DEC 2012)

Clauses in Full Text:

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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of clause) Clauses Incorporated by Reference:

- 52.204-13 System for Award Management Maintenance (JUL 2013)

- 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2015)

- 52.222-20 Contracts for materials, supplies, articles, and equipment exceeding - - $15,000.00 (MAY 2014);

- 52.232-1 Payments (APR 1984);

- 52.232-8 Discounts for prompt payment (FEB 2002);

- 52.243-1 Changes –Fixed Price (AUG 1987);

- 852.203-70 Commercial Advertising (JAN 2008);

- 852.211-73 Brand Name or Equal (JAN 08);

- 852.246-70 Guarantee (JAN 2008);

- 852.246-71 Inspection (JAN 2008)

Provision 52.212-2, Evaluation – Commercial Items (OCT 2014), applies to this acquisition.

(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 will be used to evaluate offers: Price and technical acceptability. A best value award will be made utilizing the lowest price technically acceptable.

(b) Additional Instructions to offerors concerning Grey Market items- The VHA (Veterans Health Administration) will not accept “Grey Market Goods”.

Grey market goods are defined as: Gray Market Goods also known as parallel market, is the trade of a commodity through distribution channels which, while legal, are unofficial, unauthorized, or unintended by the original manufacturer.

Products that are purchased outside of our authorized distributor network on the gray market generate a number of concerns such as: counterfeit or adulterated devices, inadequate storage conditions, tracking issues in case of a recall, loss of warrantee, and most importantly patient safety. In some instances, unauthorized distributors procure products from an authorized distributor for resale.

(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.