RFQ 36C26220Q1288.pdf

36C26220Q1288

Combined Synopsis/Solicitation 36C26220Q1288

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 36C26220Q1288 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 to a business associated with NAICS1 Code 811219 with a size standard of $22.0 million.

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 Inner Ear Analyzers and Balance System for the Veterans Integrated Service Network 22 (VISN-22) VA Long Beach Healthcare System. 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 characteristics 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 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 the supplies being requested.

8. Delivery Requirements:

(a) Place of Delivery:

VA LONG BEACH HEALTHCARE SYSTEM

5901 EAST 7TH STREET

LONG BEACH, CA 90822

WAREHOUSE BLDG 149

ATTN: ALFRED BURTON

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

(b) Period of Performance/Delivery Timeframe:

The period of performance shall start 10 days after contract award.

(c) Additional Delivery Requirements

Must be able to deliver all line items identified in Attachment A to the delivery address identified in paragraph 8 (a) within 30 days after contract award. 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.

(d) Assembly and Installation

• Vendor is required to manage and coordinate installation at the VALB with the COR.

• On-site assembly and installation of items, and performance of services identified in this document shall take place during normal business hours which are defined as:

0800 to 1630 (i.e. 8:00am to 4:30pm Pacific Standard Time), Monday through Friday, and excluding Federal Holidays.

• The vendor is required to define the need for a staging area to accommodate item assembly and installation, if necessary. This information shall be confirmed by the COR with the vendor post-award.

• The vendor is required to provide tools, labor and materials to complete assembly and installation of the items detailed in this document.

• The vendor shall protect all finished spaces and surfaces from damage during delivery and installation by using covering to the extent necessary. Any damage occurred during delivery and installation is the responsibility of the vendor. The vendor will be responsible for paying for and repairing any damage or noted deficiencies to finished spaces and surfaces that occur as a result of the vendor’s (or associated sub-contractors) installation.

• During the entire duration of assembly and installation, the vendor will have a competent representative on-site as the vendor’s contact, and to serve as the interface between the vendor and VALB. On-site representative can be the installer.

All instructions provided from COR to the representative will be binding as if given to the vendor’s main contact. The COR may provide specific instructions, however, only the Contracting Officer may change the terms or conditions of the contract.

• Manufacturer Certified Installation is required by the vendor which shall be certified by the COR upon completion of equipment installation.

(e) Training

The vendor shall coordinate through the VA POC to provide a hands-on training session to staff selected by the VA. Training shall be completed within 30 days after final installation of equipment. The vendor will record the training and provide a copy of the training to the VA POC for VA to use to train additional personal at a future date. In addition, the vendor shall provide additional training documents to the VA POC for training additional persons at a future date.

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 [Tuesday, August 18th, 2020, 3:00 PM EST]. Ensure to reference solicitation number [36C26220Q1288] 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 [Friday, August 14th, 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:

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 K ‘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 F – I of tab 1 if providing an equivalent product:

i. F: Equivalent Brand

ii. G: Equivalent Nomenclature

iii. H: Equivalent Part Number

iv. I: 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 I 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.

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

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, that can meet the delivery schedule detailed in paragraph 8 above, and that is both responsive and responsible.

Acceptability of equipment shall be established by review of each submitted quotation 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.

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 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) 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 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

15. 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 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.

52.225-5 Trade Agreements (Oct 2019)

(a) Definitions. As used in this clause-

Caribbean Basin country end product—

(1) Means an article that-

(i) (A) Is wholly the growth, product, or manufacture of a Caribbean Basin country;

or

(B) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed; and

(ii) Is not excluded from duty-free treatment for Caribbean countries under 19 U.S.C.2703(b).

(A) For this reason, the following articles are not Caribbean Basin country end products:

(1) Tuna, prepared or preserved in any manner in airtight containers;

(2) Petroleum, or any product derived from petroleum;

(3) Watches and watch parts (including cases, bracelets, and straps) of whatever type including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the Harmonized Tariff Schedule of the United States (HTSUS) column2 rates of duty apply (i.e., Afghanistan, Cuba, Laos, North Korea, and Vietnam); and

(4) Certain of the following: textiles and apparel articles; footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; or handloomed, handmade, and folklore articles;

(B) Access to the HTSUS to determine duty-free status of articles of these types is available at https://usitc.gov/tata/hts/index.htm. In particular, see the following:

(1) General Note3(c), Products Eligible for Special Tariff treatment.

(2) General Note17, Products of Countries Designated as Beneficiary Countries under the United States-Caribbean Basin Trade Partnership Act of 2000.

(3) Section XXII, Chapter 98, Subchapter II, Articles Exported and Returned, Advanced or Improved Abroad, U.S. Note7(b).

(4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special Tariff Benefits under the United States-Caribbean Basin Trade Partnership Act; and

(2) Refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the acquisition, includes services (except transportation services) http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2703(b)&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2703(b)&num=0&edition=prelim https://usitc.gov/tata/hts/index.htm incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as “the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei)”), Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea- Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country end product means a WTO GPA country end product, an FTA country end product, a least developed country end product, or a Caribbean Basin country end product.

End product means those articles, materials, and supplies to be acquired under the contract for public use.

Free Trade Agreement country end product means an article that-

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in an FTA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

Least developed country end product means an article that-

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

United States means the 50 States, the District of Columbia, and outlying areas.

U.S.-made end product means an article that is mined, produced, or manufactured in the United States or that is substantially transformed in the United States into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.

WTO GPA country end product means an article that-

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services, (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

(b) Delivery of end products. The Contracting Officer has determined that the WTO GPA and FTAs apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the Schedule. The Contractor shall deliver under this contract only U.S.-made or designated country end products except to the extent that, in its offer, it specified delivery of other end products in the provision entitled “Trade Agreements Certificate.”

(End of clause)

52.225-6 Trade Agreements Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

(End of provision)

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.

https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771

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

• 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)

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

52.225-13 Restrictions on Certain Foreign Purchases Jun 2008

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan-Certification

Aug 2009

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications

Jun 2020

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 http://www.sba.gov/partners/contracting-officials/small-business-procurement/set-aside-procurement 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

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

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 [Tuesday, August 18th, 2020, 3:00 PM EST]. Ensure to reference solicitation number [36C26220Q1288] 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 [Friday, August 14th, 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_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 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

36C26220Q1133