RFQ 36C26220Q1133.pdf

36C26220Q1133

Combined/Synopsis Solicitation 36C26220Q1133

INSTRUCTIONS TO OFFERORS

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

2. The solicitation number 36C26220Q1133 is issued as a Request for Quotation (RFQ) in conjunction with FAR Subpart 13.5 Simplified Procedures for Certain Commercial items and constitutes the only solicitation. The Government intends to award a single Firm-Fixed Price (FFP) award contract.

3. The provisions and clauses in this document are in effect through the Federal Acquisition Circular 2020-07, July 02, 2020.

4. This solicitation intends to award a contract through full and open competition after exclusions under a small business set aside to a business associated with NAICS1 Code 339113 with a size standard of 750 employees.

5. See Attachment A Schedule for a list of line item numbers, items, quantities and units of measure.

6. The Department of Veterans Affairs (VA) seeks to make a procurement for Viral Transport Medium (VTM) & Flocked Nasopharyngeal (NP) Swab Kits for the Veterans Integrated Service Network 22 (VISN-22) VA facilities on a five-week delivery schedule. See Attachment B Salient Characteristics for a listing of brand name salient characteristics and other requirements.

7. Offeror quotations must demonstrate meeting the salient physical, functional, or performance characteristic specified in this solicitation, otherwise it will be considered non-responsive. The technical specifications for this requirement are listed for Brand Name or Equal per FAR 52.211-6.

The information identified provided is intended to be descriptive, not restrictive and to indicate the quality that will be satisfactory. The interested parties bear full responsibility to ensure their submission demonstrates to the government that they can provide the brand name or equal to supplies being requested.

8. Delivery Requirements:

(a) Place of Delivery:

GREATER LOS ANGELES:

V.A. MEDICAL CENTER

11301 WILSHIRE BLVD

LOS ANGELES CA 90073

ATTN: WHSE/BLDG 297 (DANNY RAY)

1 North American Industrial Classification System http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P311_50761 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/13.htm#P0_0

LONG BEACH:

V.A. MEDICAL CENTER

5901 EAST 7TH STREET

LONG BEACH CA 90822

WAREHOUSE BLDG 149

ATTN: WHSE BLDG 149 (AURELIO VISTE)

SAN DIEGO:

V.A. SAN DIEGO MEDICAL CENTER

3350 LA JOLLA VILLAGE DRIVE

SAN DIEGO CA 92161

ATTN: WHSE/RECEIVING (ROBERT NEWELL)

LOMA LINDA:

LOMA LINDA VA HEALTHCARE SYSTEM

11201 BENTON STREET

LOMA LINDA, CA 92357

ATTN: WHSE/RECEIVING (ROBTREY GAMBLE)

PHOENIX:

PHOENIX V.A. HEALTH CARE SYSTEM

650 E. INDIAN SCHOOL RD

PHOENIX CA 85012

ATTN: WHSE/RECEIVING (ENRIQUE RODRIGUEZ)

TUCSON:

SOUTHERN ARIZONA V.A. HEALTH CARE SYSTEM

3601 S. 6TH AVE

TUCSON AZ 85723

ATTN: BLDG 14 (JOHN MCWHORTER)

(b) Period of Performance/Delivery Timeframe:

The period of performance will start within 10 days after award and will cover a five-week delivery schedule to all VA facilities listed above as detailed in the following table:

DELIVERY SCHEDULE -

36C26220Q1133 5,000 VTM SWAB KITS Per Week, Per Site

(250 SWAB KITS PER CASE)

Site

QTY VTM

Swab Kit Cases needed per site

Total Qty VTM Swab Kits per site (100x250)

Delivery Week 1

Delivery Week 2

Delivery Week 3

Delivery Week 4

Delivery Week 5

Greater Los Angeles 100 25,000 5,000 5,000 5,000 5,000 5,000 Long Beach 100 25,000 5,000 5,000 5,000 5,000 5,000 Loma Linda 100 25,000 5,000 5,000 5,000 5,000 5,000 San Diego 100 25,000 5,000 5,000 5,000 5,000 5,000 Phoenix 100 25,000 5,000 5,000 5,000 5,000 5,000 Tucson 100 25,000 5,000 5,000 5,000 5,000 5,000

(c) Additional Delivery Requirements

Must be able to deliver VTM & NP Swabs kits on a weekly schedule to the designated VA sites listed in the table above. Period of performance and product quantity shall not exceed stated totals within the schedule without a supplemental agreement between the Contractor and Contracting Officer in accordance with 52.212-4(c) and/or 52.217-6. All shipping shall be inclusive of prices within the schedule and FOB Destination.

9. The provision at 52.212-1, Instructions to Offerors – Commercial Items, applies to this solicitation.

Addendum:

All offeror quotes for this solicitation must be received electronically through email no later than [Thursday, August 6th, 2020, 3:00 PM EST]. Ensure to reference solicitation number [36C26220Q1133] within subject line of the email. Any offeror quotes received after the prescribed date/time shall be considered non-responsive and will not be considered for award. Any questions regarding this solicitation must be received electronically through email no later than [Monday, August 3rd, 2020, 3:00 PM EST].

Offers shall be sent by email to [Cynthia Dunbar at Cynthia.dunbar3@va.gov]. For additional support, contact [David Chakka at Deeptichandra.chakka@va.gov].

Offerors shall submit the following via email:

1) Offerors shall fill out all unlocked fill-ins on tab 1 of Attachment A conforming to requirements stated by the salient characteristics and the instructions below.

a. Offerors shall complete column L ‘Unit Price” of tab 1.

Note: Tab 2 includes a 50% increase as afforded under 52.217-6 as stated below.

b. Offerors shall additionally complete column G – J of tab 1 if providing an equivalent product:

i. G: Equivalent Brand

ii. H: Equivalent Nomenclature

iii. I: Equivalent Part Number

iv. J: Equivalent Description matching Salient Characteristics and/or location of information regarding equal capability

c. If providing an equivalent product, offerors shall either provide information in column J regarding how their product meets the salient characteristics identified in Attachment B or alternatively may state where in the offeror’s overall submission that information can be found. See 52.211-6 for additional information.

2) Offerors shall provide a sample of the VTM & Flocked NP Swab Kit to the Contracting Officer by August 6, 2020. Mail sample kits to:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1619_225648 mailto:Cynthia.dunbar3@va.gov mailto:Deeptichandra.chakka@va.gov

Department of Veterans Affairs Network Contracting Office – 22 ATTN: Cynthia Dunbar 4811 Airport Plaza Drive, Suite 600 Long Beach, CA 90815

3) Offerors shall provide evidence of FDA registration for the offered VTM & Flocked NP Swab Kits.

4) Offerors shall provide a photograph of active stock in .jpg format showing VTM & Flocked NP Swab Kits demonstrating the availability of stock is ready for shipment to the VA facilities listed in paragraph 8 above within 10 days after contract award.

10. 52.212-2 Evaluation -- Commercial Items (Oct 2014)

(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 shall be used to evaluate offers:

Lowest priced quotation that meets all salient characteristics in attachment B, shows photograph evidence of kits in stock, shows evidence of FDA registration, and that can meet the delivery schedule detailed in paragraph 8 above.

Acceptability of VTM & NP Swab Kits shall be established by review of each submitted sample by the designated evaluator(s) and verification that any equal-to items meet the salient characteristics included in this solicitation. Submissions to this solicitation must show clear, compelling and convincing evidence that equal-to items meet all the salient characteristics (see Attachment A and B). Offers that include any items that are not determined as Brand Name or Equal shall result in an unacceptable offer. See 52.211-6 Brand Name or Equal for additional information.

(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 with a minimum of at least thirty (30) days, 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)

11. Must include a completed copy of the provision at 52.212-3 -- Offeror Representations and Certifications -- Commercial Items, with this solicitation or ensure SAM.gov is updated with current information.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1683_237350 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1697_239202

12. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

13. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition.

14. The following clauses also apply:

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

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer;

and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of clause)

52.217-6 - Option for Increased Quantity (Mar 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor at least 10 Days before the end of the contract not to exceed 50% of any and all line http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2015_284518 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2206_322432 items within Attachment A. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

Grey Market Items

(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 supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e.

replacement parts) for VA Medical Centers.

(b) 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.

(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 to enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s discretion, 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 clause)

Non-Manufacturer Rule (NMR)

The Non-Manufacturer Rule (NMR) in accordance with 13 CFR § 121.406, September 4, 2019 applies to this acquisition.

a) For small business set-asides — other than construction or service contracts — the prime contractor that’s supplying products to the government is required to cover at least 50 percent of the cost of manufacturing those products. The non-manufacturer rule is an exception to that requirement. The rule allows a small business to supply products it did not manufacture — as long as those products come from another small business.

b) A manufacturer is defined as a business that, with its own facilities, performs primary activities in transforming inorganic or organic substances, including the assembly of parts and components, into the end product being acquired. In other words, a manufacturer makes or produces products. Businesses may qualify as a non-manufacturer if it meets the following criteria:

• Does not exceed 500 employees

• Is primarily engaged in the retail or wholesale trade and normally sells the type of products being supplied http://www.sba.gov/partners/contracting-officials/small-business-procurement/set-aside-procurement

• Will supply the end products of a small business manufacturer or processor made in the United States, or obtains a waiver of such requirement

See Title 13 Part 121.406 of the Code of Federal Regulations (CFR) for detailed information about the non-manufacturer rule.

(End of Clause)

Trade Agreement Act (TAA):

This procurement action is subject to the Trade Agreement Act (TAA) where the Buy America Act is waived in accordance with FAR 25.402. Further, this procurement action is not a Department of Defense (DoD) action so the Berry Amendment does not apply.

(End of Clause)

In addition, the following clauses shall also apply:

52.209-6 Protecting the government’s interest when subcontracting with contractors debarred, suspended, or proposed for debarment

Aug 2013

52.232-18 Availability of Funds Apr 1984

52.232-33 Payment by electronic funds transfer – system for award management

Jul 2013

52.232-40 Providing accelerated payments to small business subcontractors Dec 2013

52.233-1 Disputes May 2014

52.233-3 Protest after award Aug 1996

52.252-2 Clauses incorporated by reference Feb 1998

852.203-70 Commercial advertising Jan 2008

852.232-72 Electronic submission of payment requests Nov 2012

852.237-70 Contractor responsibilities Apr 1984

The full text of a clause may be accessed electronically at the following:

http://www.acquisition.gov/comp/far/index.html http://www.va.gov/oal/library/vaar/index.asp https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=7780ee089107f59ef3f78b938e2282b7&r=PART&n=13y1.0.1.1.17#se13.1.121_1406 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1221_177340 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_246.htm#P2303_347526 http://farsite.hill.af.mil/archive/VAAR/2008_09_Apr_01/852.htm http://farsite.hill.af.mil/archive/VAAR/2008-02/852.htm http://farsite.hill.af.mil/archive/VAAR/2008-02/852.htm http://www.acquisition.gov/comp/far/index.html http://www.va.gov/oal/library/vaar/index.asp

The following provisions shall also apply:

52.204-7 System for Award Management Oct 2018

52.204-16 Commercial and Government Entity Code Reporting Oct 2016

52.209-7 Information Regarding Responsibility Matters Oct 2018

52.233-2 Service of Protest Sep 2006

852.233-70 Protest Content/Alternative Dispute Resolution Oct 2018

852.252-70 Solicitation Provisions or Clauses Incorporated by Reference Jan 2008

15. All offeror quotes for this solicitation must be received electronically through email no later than [Thursday, August 6th, 2020, 3:00 PM EST]. Ensure to reference solicitation number [36C26220Q1133] within subject line of the email. Any offeror quotes received after the prescribed date/time shall be considered non-responsive and will not be considered for award.

Any questions regarding this solicitation must be received electronically through email no later than [Monday, August 3rd, 2020, 3:00 PM EST].

16. Offers shall be sent by email to Cynthia Dunbar at Cynthia.dunbar3@va.gov. For additional support, contact David Chakka at Deeptichandra.chakka@va.gov.

(End of Page) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P588_84628 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P834_120338 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1241_180366 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1168_211053 https://www.va.gov/oal/library/vaar/vaar852.asp#85223370 https://www.va.gov/oal/library/vaar/vaar852.asp#85223371 mailto:Cynthia.dunbar3@va.gov mailto:Deeptichandra.chakka@va.gov

INSTRUCTIONS TO OFFERORS