COMBINED SYNPOSIS MICRO BULK OXYGEN - 36C24420Q0881 - COATESVILLE PA--.docx

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* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice

MICRO-BULK OXYGEN URGENT COVID-19 URGENT

19104 36C24420Q0881 08-31-2020

01:00 PM

EASTERN TIME, NEW YORK, USA

N

325120 Department of Veterans Affairs Network Contracting Office 4

3900 Woodland Ave

Louellen Butler

The Coatesville VA Medical Center (CVAMC)

1400 Blackhourse Hill Raod Bldg. 138E Coatesville, PA 19320

USA

Louellen.Butler@va.gov Louellen.Butler@va.gov

(i) This is a Combined Synopsis/Solicitation for new Micro Bulk Oxygen Tank, with installation, as prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. A firm-fixed price purchase order is anticipated.

(i) The solicitation number is 36C24420Q0881 and is issued as a request for quotation (RFQ).

(ii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2020-06 dated 07/20/2020.

(iii) This solicitation is and the associated NAICS code 325120, full and open competition.

(iv) Schedule of Requirement/CLINS

(v) Statement of Need and Salient Characteristics Statement of Work: Hospice Oxygen Micro Bulk Tank

STATEMENT OF WORK

Coatesville VA Medical Center, Building 138E, Hospice Area Micro-Bulk Oxygen Project This project will provide a new micro bulk oxygen system for Coatesville VA Medical Center Hospice Unit (Bldg. 138E) (8 Bed Unit). This contract will be a base year, with four optional years. The contractor will provide engineering, construction, and oxygen supply under this contract. The new micro bulk oxygen system will tie-in to the existing manifold currently within the hospice unit closet. The consultant is expected to do an evaluation of the existing system for capacity and integration. The micro bulk system must have a substantial back-up system if there is an issue with the main tank or change over. We are requesting a 2000+ plus-liter high capacity micro bulk oxygen unit.

Trenching with Backfill and Asphalt or Concrete Repair Concrete Pad, spill pad, bollards, fencing Medical Gas Piping (Underground and in building including Valves, Check Valves, Source Valves & EOSC) Low Voltage Alarm Wiring. 110v wiring for the telemetry unit and site lighting. Medical Gas Verifications Concrete Pad Repair shall be completed within 5 days.

JB

Oxygen Tank Rental Facility Fee Product Telemetry Fee Product Delivery Fee Certificate of Compliance Annual Inspection MISC Fees / If Needed Contract Period: Base Year POP Begin: 09/15/2020 POP End: 09/14/2021

Oxygen Tank Rental Facility Fee Product Telemetry Fee Product Delivery Fee Certificate of Compliance Annual Inspection MISC Fees / If Needed Contract Period: Option Year 1 POP Begin: 09/15/2021 POP End: 9/14/2022

Oxygen Tank Rental Facility Fee Product Telemetry Fee Product Delivery Fee Certificate of Compliance Annual Inspection MISC Fees / If Needed Contract Period: Option Year 2 POP Begin: 09/15/2022 POP End: 97/14/2023

Oxygen Tank Rental Facility Fee Product Telemetry Fee Product Delivery Fee Certificate of Compliance Annual Inspection MISC Fees / If Needed Contract Period: Option Year 3 POP Begin: 09/15/2023 POP End: 09/14/2024

Oxygen Tank Rental Facility Fee Product Telemetry Fee Product Delivery Fee Certificate of Compliance Annual Inspection MISC Fees / If Needed Contract Period: Option Year 4 POP Begin: 09/15/2024 POP End: 09/14/2025

TOTAL AMOUNT

PLACE OF PERFORMANCE:

The Coatesville VA Medical Center (CVAMC) – Station 542, VISN 4, Address: 1400 Blackhorse Hill Rd, Bldg. 138E, Coatesville, PA 19320.

Phone: 610-384-7711

BACKGROUND:

The purpose of this project is to install a new higher capacity micro bulk oxygen system. Currently we have 12 “H” tanks that are supporting the hospice unit. We have additional 8-12 “H” tanks in reserve in the storage area. Over the last year, the supply and demand has increased, and we need to change out the “H” tank daily. Each “H” tank weights 150+ lbs. and requires a couple of VA Employees to change out the tanks safely. The hospice unit needs a larger capacity microbulk oxygen unit and an emergency supply in reserve.

GENERAL:

1.1 The purpose of this solicitation is to establish a committed source of supply of medical-grade liquid bulk oxygen for the facility listed within this Statement of Work. The Coatesville VA does not own its own bulk oxygen tank, the contractor shall also provide a contractor-owned tank with an appropriate back-up system approved by the COR, Engineering, and Biomedical Engineering Staff. (I.e. reserve tank or cylinder bank). Specifications for each facility are listed in the Facility Requirements Schedule of Supplies section of this Statement of Work.

1.2 The quantities shown in the Schedule of Supplies and Services are estimates of the facility’s annual requirements. There is no express or implied guarantee that these quantities will be purchased. The base contract period for the contract resulting from this solicitation will begin in the late Summer/Fall of 2020. This contract will include the site prep and installation of contractor owned equipment prior to the start of any oxygen deliveries. The contract awarded under the solicitation will include four (4) one-year option periods which may be exercised by the Government.

1.3 Contractor will be provided with names and contact information of the primary and back-up Contracting Officer Representative (COR) upon award of this contract. This applies to all deliveries regardless of time or day of execution. Tanks(s) will be filled to maximum functional capacity at each refilling procedure unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the COR. At the time of each delivery, contractor must provide a legible signed and dated written document that identifies the tank level prior to fill, the level after fill, and the quantity delivered. This document must be counter-signed by the facility representative/ or nursing staff on duty, supervising the delivery. The COR is responsible for local contract administration issues such as ordering and providing specific delivery instructions. A letter of delegation that outlines the COR’s specific responsibilities will be provided to the contractor and COR at the time of contract award. Within 15 days after notification of contract award, the contractor shall meet with the COR to ensure mutual understanding of facility requirements relating to the ordering method and specific details of any delivery instructions that are included in the solicitation Schedule of Supplies and Services. The facility COR shall forward a written copy of the mutual agreement signed by both parties to the Contracting Officer for incorporation into the contract by written modification within 30 days after contract award. If agreement cannot be reached between the contractor and COR regarding any issue that the COR has delegation from the CO to administer, then the matter shall be referred to the Contracting Officer for resolution.

1.4 Prior to the first filling and annually thereafter, contractor must perform in-service training to all VA staff and will include the following facets for contractor owned and government owned Medical Grade Bulk O2 systems: the refill procedure, any preventive maintenance support requirements that may be needed from the medical center systems, and an explanation of all the volume alarm and low pressure set-points. The contractor will provide written procedures and training for VA staff for protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. Contractor will provide 24/7 emergency contact name(s) and telephone number(s).

1.5 The Contractor prior to first filling, and annually thereafter, must conduct alarm set-point testing and written verification must be presented through the use of a qualified third-party expert per NFPA 99, 2018 Edition (Chapter 5 & 11) for contractor owned and government owned systems. Any Code deficiencies in the Medical Center’s existing system, as defined by NFPA 55, Chapter 9 “Bulk Oxygen System”, must be identified by the contractor. A detailed explanation of these deficiencies must be presented in writing to the COR. Receipt of this written explanation must be signed for by the COR.

1.6 Prior to first filling, and annually thereafter, the contractor must verify, in writing, the accuracy of all gauges on contractor owned tanks. If the gauge(s) are government owned, contractor will provide, if requested after award, a written quote with price to verify accuracy of the gauge(s). The Government may choose to exercise this option at its discretion.

2. Acronyms

2.1 This section lists acronyms that are used in this Statement of Work and other parts of the solicitation.

· ARO – After Receipt of Order

· CCF – 100 cubic feet

· CF – Cubic feet

· CGA – Compressed Gas Association

· CGMP – Current Good Manufacturing Practices

· CO – Contractor owned

· COR - Contracting Officer Representative

· DOT – Department of Transportation

· FDA – U.S. Food & Drug Administration

· GO – Government owned

· NFPA – National Fire Protection Association

· OSHA – U.S. Department of Labor, Occupational Safety and Health Administration

· RST – Reserve Tank

· USP – United States Pharmacopeia

· VA – Department of Veterans Affairs

3. Government Furnished Property

3.1 The solicitation Schedule of Supplies and Services will identify the bulk oxygen storage tank(s) as being either GO (Government Owned) or CO (Contractor Owned). Government owned bulk oxygen storage tanks etc. will be maintained by and at the expense of the Government in a manner that will ensure compliance with applicable regulations, standards and normal good practices.

3.2 Each Government facility that requires installation of contractor owned equipment shall provide a suitable location. The vender will provide the foundation for the installation of the contractor owned bulk oxygen tank(s)in accordance with NFPA Standard 55 2010 Edition Chapter 9. Additionally, the facility shall provide access to an electrical power source and hook-up to a facility-maintained alarm system. The contractor shall perform the hook-up of contractor owned equipment to the facility-maintained alarm system. The Contractor shall be liable for, and shall be held accountable for any action that could cause harm, all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or employees. The Government shall not be held responsible, the contractor is.

4. Contractor-Furnished Equipment

4.1 For those facilities listed in the Schedule of Supplies and Services as having contractor owned tanks, the contractor shall provide, install and maintain bulk oxygen tank(s) with appropriate back-up system(s) with approval from the COR. Through the duration of the contract, the contractor shall be liable for the integrity, suitability, and safety of contractor owned tank(s) that will ensure compliance with applicable regulations, standards and normal good practices. The tank capacity and reserve system shown in the Schedule of Supplies and Services are minimum capacities required by the using facilities. Manifold, cylinders for the reserve supply, liquid converter, alarm switch, regulator, valves, level indicator, and any other devices or connections required for proper tie-ins with the facility’s gas system shall be furnished by the contractor, without cost to the Government. The manifold or liquid converter shall deliver gas at a pressure and rate of flow adequate to supply the system. Each liquid oxygen storage container shall have an outlet that allows access for testing the purity of the oxygen.

4.2 All equipment and materials required to perform on the contract, shall be provided by the contractor. Contractor owned equipment shall be installed, inspected and maintained by the contractor at the Contractor’s expense (i.e., all installation, inspection and maintenance costs shall be included in the contract’s monthly equipment rental fee for the applicable facility.) Contractor owned equipment shall be kept in good operating condition and appearance, in accordance with applicable regulations, standards and normal good practices. The contractor shall be provided by each requiring facility reasonable access to the bulk oxygen systems for this purpose.

5. Installation of Contractor-Owned Equipment

5.1 Unless otherwise directed by the using facility, contractor owned equipment shall be installed by the effective date of the contract and shall be connected to the medical gas system on that date; provided: that the contractor shall be allowed a maximum of ninety days after receipt of notice of award to complete installation. If the contractor’s equipment replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of gas supply to the using facility. Contractor installed equipment shall remain the property of the contractor and shall be removed upon termination of the contract, when directed by the ordering facility and in full cooperation with the succeeding contractor to avoid interruption of oxygen gas supply.

5.2 To permit orderly transition from one contractor to another, the contractor shall continue to honor the contract’s monthly equipment rental fee and bulk oxygen contract price for a maximum of ninety days beyond the scheduled expiration of the contract period, unless transition from one contractor to another is completed prior to the ninety day transition period. For any partial month, the contractor shall prorate the monthly equipment rental fee accordingly. The contractor shall continue to provide and maintain its equipment during this transition period.

5.3 No guarantee is given or implied that data included in the Schedule of Supplies and Services regarding contractor owned equipment currently located at the facilities is complete and accurate as to the factors affecting the cost of furnishing and installing the required contractor owned tanks and appurtenances. Offerors are strongly encouraged to visit the facility sites prior to submitting a quote and take other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so shall not relieve offerors from the responsibility of estimating properly the difficulty and cost of successfully performing the work. Site visits may be arranged by contacting the COR designated in the solicitation Schedule of Supplies and Services.

A pre-proposal site visit will be held on August 25, 2020, between 10:00am – 12:00 Noon.

Vendors planning to attend the site visit shall RSVP to Louellen Butler via email (Louellen.butler@va.gov) by August 20, 2020 by 03:15 pm.

This will be the only site visit coordinated and offered to potential Quoters.

NOTE: If no vendors RSVP the site visit will be cancelled.

5.4 All contractor owned equipment shall be installed in accordance with NFPA 55: Standard for Bulk Oxygen Systems at Consumer Sites, 2018, NFPA 99 Standard for Health Care Facilities, 2018 Edition, and FDA’s Current Good Manufacturing Practices (CGMP) Regulations. The contractor shall comply with all OSHA standards and applicable safety requirements, including proper signage and use of personal protective equipment.

6. Delivery of Medical Liquid Bulk Oxygen

6.1 Bulk oxygen is ordered by and delivered to the ordering facility. Deliveries shall be made between 8:00 am and 4:00 pm. An exception to the delivery hours may be made if there is a medical emergency requiring oxygen delivery.

6.2 The contractor shall deliver medical-grade liquid oxygen within the timeframe specified in the Schedule of Supplies and Services for the facility. The timeframe identified is the number of calendar days after the Government places the order. If the time frame for contractor delivery is not identified in the facility requirements, the contractor must provide 24-hour notice prior to delivery or upon mutual agreement between the facility and contractor, alternate ordering/delivery methods such as pre-scheduled deliveries, calling for tank level readings, installing a telemetry unit, etc. may be arranged. If for any reason the contractor is unable to deliver at the agreed upon day or time, the contractor will provide 24-hour notice to the COR, so that the facility can initiate an alternate backup action. In accordance with VHA Patient Safety Alert dated April 5, 2004, all deliveries must be monitored by a qualified and trained technical representative that will be designated by each facility. Contractor will be provided with names and contact information of primary and back-up facility COR’s immediately after award of this contract. This applies to all deliveries regardless of time or day of execution.

6.3 Tanks(s) will be filled to maximum functional capacity at each refilling procedure unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the COR.

6.4 At the time of each delivery, contractor must provide a legible signed and dated written document that identifies the tank level prior to fill, the level after fill, and the quantity delivered. This document must be counter-signed by the facility representative supervising the delivery.

6.5 Emergency delivery will be provided within 24 hours after receipt of Government notification. Contractor must respond to the facility by either telephone or email within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency. Emergency status is determined by the Government when conditions warrant, such as an actuated main bulk tank low level alarm, imminent alarm condition, or system leak.

**Failure of the contractor to remain current with agreed delivery schedule and requirements does not constitute an “emergency” for purposes of charging an emergency delivery fee.

7. Quality Assurance Specifications and Requirements

7.1 All medical gas manufacturers and fillers of medical gases must be registered with FDA as drug manufacturers. All oxygen shall be manufactured, processed, packed, transported, and stored according to FDA’s Current Good Manufacturing Practices (CGMP) regulations, and all labeling shall comply with FDA’s labeling regulations (21 CFR Part 201).

7.2 All liquid bulk oxygen delivered under the contract shall be medical-grade and shall meet or exceed the standards cited in the current edition of the United States Pharmacopoeia/National Formulary (U.S.P.).

7.3 A valid certificate of analysis shall be provided with each delivery of liquid oxygen. The certificate shall include, at a minimum:

a) Supplier’s name and complete address

b) Name of the Product (i.e. Oxygen U.S.P.)

c) An Air Liquefaction Statement where appropriate

d) Lot number or other unique identification number e) Actual analytical results for full U.S.P. monograph testing. (A statement that only states that the product meets the minimum purity of 99.5%, etc. is not acceptable.)

f) Test method used to perform the analysis. (A statement such as “Meets U.S.P. specifications” is not acceptable; nor would “Tested via Servomex” be acceptable since the specific model number is not provided.)

g) Signature of authorized supplier representative and date.

7.4 Material Safety Data Sheets shall be provided to the facility COR upon request.

7.5 A copy of all inspection reports shall be provided to the facility COR upon the completion of any contractor owned or government owned bulk oxygen system inspections that are required by regulation.

7.6 All contractor owned equipment shall be maintained or repaired in accordance with NFPA 55: Standard for Bulk Oxygen Systems at Consumer Sites, 2018 and FDA’s Current Good Manufacturing Practices (CGMP) Regulations.

SCOPE / Salient Characteristics for Oxygen Tank Pad Construction, Tank Placement, and Installation:

The scope of work includes, but is not limited to the following:

· Engineering and Permitting

· Utility plan or as built plan. Contractor is responsible for all utilitie3s required to connect the tank(s) to the building

· Project Management

· Medical Gas Backfeed (if needed)

· Trenching with Backfill and Asphalt or Concrete Repair

· Concrete Pad, spill pad, safety bollards, security fencing

· Medical Gas Piping (In Building, Underground including Valves, Check Valves, Source Valves & an EOSC)

· High Capacity Micro-Bulk Oxygen Unit at least 2000 liters

· Low Voltage Alarm Wiring. 110v wiring for the telemetry unit

· Medical Gas Verifications

· Microbulk Installation and Service

· Back-up system of reserve oxygen tanks / 48-hour minimum reserve / 16 H-Tanks based on vender’s decision. Vender must be able to respond in less that 48 hours, if we are in need of emergency oxygen service.

· Install lockable 8-10 foot chain link security fencing with privacy slats, and two means of exit. As described

· Security LED lighting with photocell detection , dawn to dusk lighting

· Inspections Per Regulation of Government, State, and Local Regulations

· Commissioning – Third Party Inspection of Unit During All Phrases of Construction All work shall be in accordance with all Federal, State, and Local codes including, but not limited to, the following codes: International Building Code (IBC 2015), NFPA-101 Life Safety Code (2015). Must meet and exceed NFPA 55 and NFPA 99 requirements.

SPECIFICATIONS: The micro bulk unit must meet and exceed Federal, State, and Local construction standards. The concrete pad must be able to support the unit and large tanker truck.

POINTS OF CONTACT:

1. Michael Dusablon (Engineering) Email: Michael.dusablon@va.gov Phone: (610)384-7711 x3517

2. Tara Callahan (Biomedical Engineer) Email: Tara.Callahan2@va.gov Phone: (610)384-7711 x4304

3. Harold Buzgon (Acquisition & Utilization Specialist/COR) Email: Harold.Buzgon@va.gov Phone: (610) 384-7711 x3202

PERFORMANCE REQUIREMENTS:

The contractor shall comply with all performance requirements listed herein, and all work shall be performed in accordance with state and federal regulations.

A. Construction: The contractor shall provide the following in accordance.

1) The installation of a new foundation or pad

2) The installation of new microbulk oxygen tank.

3) Control valves, electrical panels, etc.

4) Concrete infill (See Performance Schedule, Working Hours)

B. Construction Barrier: The contractor shall provide a safety barrier around the construction site / work area, comprised of either plastic barrier or metal fencing, with caution tape.

C. Materials: All materials or items to be supplied by the contractor that are not listed in an attachment must first be submitted to the Engineering Staff, Contracting Officer Representative (COR) and the Contracting Officer (CO) for approval prior to installation.

D. Testing and Acceptance: At the completion of all performance requirements, the contractor shall demonstrate to the engineering staff, biomedical engineer, and COR that all newly installed items under this contract are functioning properly prior to the Government’s final acceptance. The VA would like the vender to provide a third-party inspection of the tank per code.

SPECIAL CONTRACTOR PROVISIONS:

A. Contractor Responsibilities:

1) The contractor is responsible for verifying all site conditions prior to performing any work under this contract.

2) The contractor is responsible for protecting adjacent structures, equipment, vehicles, pedestrians, and vegetation while performing under this contract.

3) The contractor shall be responsible for the actions of all individuals provided to work under this contract. If in the event damages arise from work provided by contractor personnel, the contractor shall be responsible for all resources necessary to remedy the incident (including damages to landscaping, parking lot, etc.) at no additional cost to the Government.

4) The contractor shall adhere to all Occupational Safety and Health Administration (OSHA) regulations, as well as the safety regulations of the CVAMC while performing under this contract.

5) The contractor shall be responsible for ensuring that all individuals provided to work under this contract are properly licensed to operate a motor vehicle, if operating a motor vehicle on VA property is required. Permits must be required for penetrations and any cranes they may use to lift the tanks off the trucks and onto the pad. They will have to have a lifting plan approved by our Safety Officer

B. Security Requirements:

1) Prior to the commencement of any work under this contract, upon arrival to the CVAMC, contractor personnel shall first check-in with the VA Police (Building 1) to obtain a VA visitor badge, or if they are on site for more than two week they must obtain a PIV badge, .

2) The contractor employee shall be responsible for safeguarding the badge and immediately report if the badge has been lost, stolen, or destroyed to the VA Police.

Contractor personnel shall always properly display their employee identification badge and VA visitor badge while on VA property so that their name, photo, and the company they work for can easily be seen.

C. Required Contractor Notifications:

1) Contractor personnel shall inform the Engineering Team and COR of the need to gain access to secured areas. If access is required to secured areas, prearranged scheduling will be coordinated between the contractor and the COR.

2) The contractor shall coordinate all equipment shutdowns with the Engineering Team, and COR. There should not be a shutdown. They need to provide a temporary emergency hookup to supply oxygen while they build the new location.

3) If work is required beyond the terms of this contract, the contractor shall provide the Contracting Officer (CO) and the COR with a written cost estimate for any additional work or materials at no cost to the Government. The contractor shall not perform any work or make any purchases beyond the terms of this contract without approval from the CO.

D. Warranty: All services provided by the contractor, as well as parts replaced shall come with a one (4) year warranty (minimum). All labor, tools, supplies, transportation, and equipment associated with the replacement of warranty items shall be provided by the contractor at no additional cost to the Government.

E. Interference in Performance Requirements: The following provisions shall be adhered to by contractor personnel throughout the duration of this contract:

1) The contractor may be required to interrupt their work at any time so as not to interfere with the normal functioning of the facility; e.g. utility services, emergency responses, the passage of facility patients/personnel, etc.

2) In the event of an emergency, contractor services may be stopped and rescheduled at no additional cost to the Government.

F. Contractor Required Reporting:

1) Prior to the completion of all weekly work activities, the contractor shall exclusively supply the Engineering Team, and COR, with his/her company’s work-documentation (daily logs).

2) The contractor shall supply the Engineering Team and COR with any product literature and maintenance requirements for all items installed under this contract.

G. Cleanup and Disposal:

1) Housekeeping:

a. The contractor shall maintain a clean work environment, ensuring the area is free from debris after the completion of any and all services provided under this contract.

b. If the COR finds the area where services were provided to be unacceptable, the contractor at his/her own cost shall re-clean the area until acceptance is gained.

2) Disposal of Trash and Hazardous Waste:

a. The contractor shall be responsible for the removal of all trash and debris from VA property after the completion of any and all services provided under this contract.

b. The contractor shall comply with the Occupational Safety and Health Administration (OSHA), the United States Environmental Protection Agency (EPA), the Department of Transportation (DOT), State, and all other applicable regulations governing the proper handling, disposal, and removal of waste.

PERFORMANCE SCHEDULE:

A. Performance Start:

The contractor shall begin performance within 10 days of receipt of the Notice to Proceed.

B. Period of Performance:

The contractor shall complete all performance requirements within 90 days of the Notice to Proceed.

C. Working Hours:

Work shall be performed Monday through Friday (except Federal Holidays),7:00 AM-4:30:00 PM (EST).

(viii) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and the following provision AND instructions are added as addenda:

52.252- 1 Solicitation Provision 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):

https://www.acquisition.gov/ https://www.va.gov/oal/library/vaar/index.asp

52.204-13 System for Award Management (OCT 2018) 52.204-18 Commercial and Government Entity Code Reporting (JUL 2016)

Grey Market Items-

1. 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 remanufacturers or gray market items will be acceptable.

1. 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.

1. 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 to 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.

(End of provision)

(ix) Evaluation of this requirement will be based on PRICE and PAST PERFORMANCE.

Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer if has not been completed on SAM.gov. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and the following clauses are added as addenda:

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://acquisition.gov/far 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

(End of Clause)

CLAUSES:

52.217-8 Option to Extend Services (NOV 1999) 52.217-9 Option to Extend the Term of Contract (MAR 2000) 852.203-70 Commercial Advertising (JAN 2008) 852.211-70 Equipment Operation and Maintenance Manuals (NOV 2018) 852.232-72 Electronic Submission of Payment Requests (NOV 2018 852.246-71 Rejected Goods (OCT 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders- Commercial Items (MAY 2019)

(xii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to the acquisition:

52.204-10 Reporting Executive Compensation & First-Tier Subcontract Awards (OCT 2015) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

52.219-28 Post Award Small Business Program Representation (JUL 2013) 52.222-19 Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.232-34 Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(xiii) Additional conditions:

All responses must include verification that each specification outlined in Section (v) is met and provide authorized distributor documentation of products offered All interested parties shall be registered, active and verified with the following sites to be considered for award. (This registration is only required for businesses claiming to have an SDVOSB or VOSB status).

SAM: http://www.sam.gov VETBIZ: https://www.vip.vetbiz.gov/Public/Search/Default.

The Defense Priorities and Allocations System (DPAS) ratings are NOT APPLICABLE.

(XIV) This is an open-market combined synopsis/solicitation for equipment 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).

(xiv) Quotes must be emailed to Louellen.Butler@va.gov and received no later than 01:00 P.M. EST on Monday, August 31, 2020. Quote may be submitted on this document or the vendor’s own form. Please include Point of Contact name, phone number, and email with response. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Only emailed quotes sent to Louellen.Butler@va.gov will be accepted.

Point of Contact:

Any questions or concerns regarding this solicitation should be submitted in writing to the Contracting Officer, via email to Louellen.Butler@va.gov.

End of Document