RFQ Combined Sypnosis 36C25625Q0461 MRI Infusion Pump.pdf
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- 6515--RFQ Infusion Pump System Brand Name Only Federal contract opportunity
- Solicitation number
- 36C25625Q0461
About this file
This is a Combined Synopsis/Solicitation (RFQ) issued by the Department of Veterans Affairs (VA) Michael E. DeBakey VA Medical Center in Houston, TX for an MRI Infusion Pump System. The solicitation is set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) under NAICS code 339112 with a size standard of 1,000 employees.
The RFQ requires delivery of a brand name only Mridium MRI Infusion System, including two MRI infusion systems with SPO2, two modular pump channel "side cars", two wireless remote controls, two non-magnetic IV poles, two reusable grip sensor packs, two SPO2 fiber optic sensor kits, two DERS initial library entry bundles, and 2-day IV pump training. Questions are due by February 17, 2025 at 12:00pm CST, with responses due by February 20, 2025 at 4:00pm CST. The solicitation will be awarded based on Lowest Price Technically Acceptable (LPTA) criteria. Contractors must be actively registered in SAM and provide an authorized distribution letter. All deliveries will be made to the VA facility in Houston, TX.
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| File | Type | Posted |
|---|---|---|
| JA_Brand Name Justification MPT to SAT_P_Redacted.pdf | ||
| 36C25625Q0461_1.docx | DOCX document |
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Text version
36C25625Q0461
COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS
General Information:
Document Type: Combined Solicitation/Synopsis
Solicitation Number: 36C25625Q0461
Posted Date: February 12, 2025
Questions Due Date/Time: February 17, 2025/12:00pm (CST)
Response Due Date/Time: February 20, 2025/4:00pm (CST)
Product or Service Code: 6615
Set Aside: SDVOSB
NAICS Code: 339112
Size Standard 1,000 Employees
Point of Contact: Frank Gastelum – Email: frank.gastelum@va.gov
Contracting Office Address
Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Rd., Ste 750 Houston, TX 77056
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,” in conjunction with FAR Part 13.5 for Certain
Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.
This solicitation is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular:
2025-03, 01/17/2025. This solicitation is being issued as SDVOSB set-aside.
The associated North American Industrial Classification System (NAICS) code for this procurement is 339112, with a size standard of 1,000 employees.
The FSC/PSC is 6615
Contractor is required to be actively in the System for Award Management (SAM). Contractor quote may be considered non-compliant and rejected if the Contracting Officer is unable to verify active registration status. The Department of Veterans Affairs (VA), Michael E. DeBakey VA Medical Center (MEDVAMC) is requesting to purchase MRI Infusion Pump System. This is a Brand Name Only RFQ.
mailto:frank.gastelum@va.gov
See B.2 Price/Cost Schedule page 4 through 7 of this document for details regarding the Government’s requirement.
See E.1 52.212-1-Instructions to offerors pages 21 through 22 for deliverables.
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
a. CONTRACTOR: POC Name: _________________ Address: ___________________ Phone: _____________________ Email: ______________________ Unique Entity ID: ______________ Tax ID Number: ______________
b. GOVERNMENT: Shasta M. Britt, Contracting Officer 36C256
Department of Veterans Affairs
Network Contracting Office 16
Galleria Financial Center
5075 Westheimer RD, Ste. 750
Houston TX 77056
Phone: 713-791-1414
E-mail: shasta.britt@va.gov
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award
Management.
3. INVOICES: Invoices shall be submitted in arrears:
a. Other [X] Upon receipt and acceptance
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment
Requests.
FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically
5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
mailto:shasta.britt@va.gov http://www.fsc.va.gov/fsc/einvoice.asp
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2.00 EA __________________ __________________
Mridium MRI Infusion System w/SPO2
Contract Period: Base
POP Begin: TBD
POP End: TBD
PRINCIPAL NAICS CODE: 339112 - Surgical and Medical
Instrument Manufacturing
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
Instruments, Equipment, and Supplies
LOCAL STOCK NUMBER: 3860+
Mridium "Side car" Modular Pump Channel
POP End: TBD
PRINCIPAL NAICS CODE: 339112 - Surgical and Medical
Instrument Manufacturing
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
LOCAL STOCK NUMBER: 3861
Mridium Wireless Remote control
POP End: TBD
PRINCIPAL NAICS CODE: 339112 - Surgical and Medical
Instrument Manufacturing
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
LOCAL STOCK NUMBER: 3865
Mridium Non Magnetic IV Pole
POP End: TBD
PRINCIPAL NAICS CODE: 339112 - Surgical and Medical
Instrument Manufacturing
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
LOCAL STOCK NUMBER: 1119
Reusable Grip Sensor Pack (size 1, 2, and 3)
POP End: TBD
PRINCIPAL NAICS CODE: 339112 - Surgical and Medical
Instrument Manufacturing
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
LOCAL STOCK NUMBER: 1171
Mridium SpO2 Fiber Optic Sensor Kit
POP End: TBD
PRINCIPAL NAICS CODE: 339112 - Surgical and Medical
Instrument Manufacturing
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
LOCAL STOCK NUMBER: 1170
DERS Initial Library entry bundle
POP End: TBD
PRINCIPAL NAICS CODE: 339112 - Surgical and Medical
Instrument Manufacturing
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
LOCAL STOCK NUMBER: 9992B
Training 2 day (IV pump)
POP End: TBD
PRINCIPAL NAICS CODE: 339112 - Surgical and Medical
Instrument Manufacturing
PRODUCT/SERVICE CODE: 6515 - Medical and Surgical
LOCAL STOCK NUMBER: 9999
GRAND TOTAL __________________
B.3 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY
DELIVERY
DATE
0001 to
All TBD
SECTION C - CONTRACT CLAUSES
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 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://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Clause)
FAR
Number
Title Date
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
AUG 2020
52.212-4 CONTRACT TERMS AND CONDITIONS---COMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
DEC 2022
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS---
JAN 2025
52.217-6 OPTION FOR INCREASED QUANTITY MAR 1989
52.217-7 OPTION FOR INCREASED QUANTITY---SEPARATELY
PRICED LINE ITEM
MAR 1989
(End of Addendum to 52.212-4)
C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.
C.3 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV
2018)
The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per Line
Item(s) 0001 to 0007. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.
(End of Clause)
C.4 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)
(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.
This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.
(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
(c) 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)
C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-
DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)
(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR
802.201, Surviving Spouse definition);
(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled
Veteran with permanent and severe disability, the spouse or permanent caregiver of such
Veteran;
(iii) The business meets Federal small business size standards for the applicable North
American Industry Classification System (NAICS) code identified in the solicitation document;
(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and
(v) The business agrees to comply with VAAR subpart 819.70 and Small Business
Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.
(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).
(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15
U.S.C. 632(q)(2)).
(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).
(b) General. In order for a concern to submit an offer and be eligible for the award of an
SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR
128.
(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.
(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the
SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.
(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.
(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified
SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.
(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple award contracts, an SDVOSB agrees that in the performance of the contract, the
SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 https://veterans.certify.sba.gov/
CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or
852.219–76 as applicable). These requirements are summarized as follows:
(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.
(2) Supplies/products.
(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.
(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR
125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.
(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified
SDVOSBs listed in the SBA certification database.
(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified
SDVOSBs listed in the SBA certification database.
(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13
CFR 125.6.
(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:
[X] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or
[] By the end of the performance period for each order issued under the contract.
(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.
(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans
First Contracting Program.
(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).
(End of Clause)
C.6 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)
(DEVIATION)
(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—
(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:
(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–
73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13
CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR
121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.
(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:
(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United
States, in accordance with paragraph (a)(1)(i).
(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.
[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the
Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).
[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.
[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.
(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR
121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR
121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).]
[ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items.
If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]
(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(iii) Prosecution for violating 18 U.S.C. 1001.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer.
Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.
Certification
I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].
Printed Name of Signee: ___________
Printed Title of Signee: _____________
Signature: ____________
Date: ______________
Company Name and Address: _______________
(End of Clause)
C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001;
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a
Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National
Standards Institute (ANSI).
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting
Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.
Submission of payment requests by mail may be required for—
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause)
C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer
(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.
Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Clause)
C.9 VAAR 852.246-71 REJECTED GOODS (OCT 2018)
(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.
(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.
(End of Clause)
C.10 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)
Shipment of deliverable items, other than reports, shall be to:
Department of Veterans Affairs Michael E. DeBakey VA Medical Center Receiving Warehouse Building 100 2002 Holcombe BLVD Houston TX 77030-4298
(End of Clause)
C.11 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)
(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.
(b) Mark deliverables, except reports, for: Odona Hernandez
(End of Clause)
C.12 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)
Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
Left Blank Intentionally
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(1) Is set aside for small business and has a value above the simplified acquisition threshold;
(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at Federal Acquisition
Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of
Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the
Government reserves the right to conduct discussions if later determined by the Contracting
Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.
(ii) If the General Services Administration, Department of Agriculture, or Department of
Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.
(2) Most unclassified Defense specifications and standards may be downloaded from the
ASSIST website at https://assist.dla.mil.
(3) Defense documents not available from the ASSIST website may be requested from the
Defense Standardization Program Office by-
(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or
(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity
Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address.
The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) [Reserved]
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of Provision)
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 following provisions are incorporated into 52.212-1 as an addendum to this solicitation:
OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED IN THE
ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS PRIOR
TO THE TIME SPECIFIED. FAILURE TO FOLLOW INSTRUCTIONS PROVIDED IN THIS
COMBINED SYNOPSIS/SOLICITATION MAY PRECLUDE THE OFFEROR FROM FURTHER
CONSIDERATION OR ELIGIBILITY FOR CONTRACT AWARD WITH THE GOVERNMENT.
INSTRUCTIONS TO OFFERORS:
1. System for Award Management (SAM): Prospective awardees are required to be registered in SAM. Offerors are encouraged to go to the SAM database at www.sam.gov and start the registration process as soon as possible to avoid possible delays should the contractor be selected as a prospective awardee. If already register in SAM, contractor must have an active valid SAM registration. Effective October 26, 2018, per FAR Subpart 4.1102
(a), Offerors and quoters are required to be registered in SAM at time an offer or quotation is submitted in order to comply with the annual representations and certifications requirement.
Note: If Offeror submits quote to the Government without a valid SAM registration, contractor shall be ineligible for contract award.
2. Technical Questions: All questions must be received in writing. No phone inquiries will be accepted. Government reserves the discretion not to respond to any inquiries submitted after the February 17, 2025, at 12pm CST. All inquiries about this solicitation must be sent to the
Contracting Officer email at frank.gastelum@va.gov. All responses to questions will be incorporated into a written amendment to this solicitation.
3. Period of Acceptance of Offers: The Offeror agrees to hold prices in its offer firm for a period of thirty (30) calendar days from the date specified for the receipt of offers.
4. Electronic Quotes: Offerors shall submit their scanned documents electronically via email to frank.gastelum@va.gov. Faxed quotes will NOT be accepted. All submitted documents must be legible. It is the contractor’s responsibility to ensure all electronic documents have good resolution to be legible. All documents must be submitted and in the Government’s control by the due date and time set forth in page 1of this solicitation. The Government email can only receive documents up to 5 megabytes (MB). If the file size exceeds 5 MB, contractor may consider breaking the documents into separate documents for smaller size and send them as separate files. It is contractor’s responsibility to ensure all documents are in the Government’s control by the set forth due date and time.
5. The Government will award a contract resulting from this solicitation based upon the Lowest Priced Technically Acceptable (LPTA) responsible quoter whose quotation, conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
http://www.sam.gov/
Since the solicitation is Lowest Price Technically Acceptable (LPTA), the evaluation will begin by reviewing the lowest priced quote. If determined that this quote is technically acceptable, no other quotes will be reviewed. This quote will have been deemed technically acceptable with the lowest price, so for this reason the award will be made based on FAR guidance.
6. Offeror shall complete and submit the following:
a. Complete B.1 Contract Administration Data, Contractor information.
b. Complete B.2 Price Cost Schedule/Schedule of Services.
c. Complete number 5 Acknowledgement of Amendments and sign all Amendment(s) to the solicitation if applicable.
d. Submit a copy of the Annual Representations and Certifications record from SAM at www.sam.gov.
e. Complete C.6 VAAR 852.219-76
f. Complete E.5 52.212-3
g. Authorized distribution letter.
h. Provide an estimated ARO with Quote submission.
Failure to provide any of the above stated documentation shall result in the Offer not being eligible for an award.
See additional detail under Section E.4 Evaluation-Commercial Items (Addendum).
(End of Addendum to FAR 52.212-1 Instructions to Offerors-Commercial Items)
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the
Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at
52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–
Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for
Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after
August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or http://www.sam.gov/ services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”
(d) Representations. The Offeror represents that—
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the
Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this…
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