RFQ.docx

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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.

(ii) The solicitation number 36C26223Q0987 is issued as a Request for Quotation (RFQ) in conjunction with FAR -- Part 13 Simplified Acquisition Procedures and constitutes the only solicitation. The Government intends to award a single Firm-Fixed Price (FFP) award contract.

(iii) The provisions and clauses in this document are in effect through the Federal Acquisition Circular 2023-02, March 16, 2023.

(iv) This solicitation intends to award a contract through SDVOSB set aside to a business associated with NAICS[footnoteRef:1] Code 334516 with a size standard of 1000 employees. [1: North American Industrial Classification System]

(v) See Attachment A for a list of the line item numbers, items, quantities and units of measure.

(vi) The Department of Veterans Affairs (VA) seeks to make a procurement for Myeloid test kits for the VA Los Angeles Healthcare System which will be ordered on a ‘need to’ basis. See Attachment B for a listing of brand name salient characteristics and other requirements.

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.

(vii) Delivery Requirements:

Place of Delivery: Primary participating facility is:

Department of Veterans Affairs (691) VA Greater Los Angeles Healthcare System 11301 Wilshire Blvd Los Angeles, CA 90073

(310) 478-3711

Future facilities that fall under the authority of this office, NCO 22, may be added or deleted to this agreement with an exercise of a supplemental agreement between the Government and the Contractor. Below are the potential facilities.

Southern Arizona Healthcare System 3601 S. 6th Ave.

Tucson, AZ 85723 520-792-1450 VA Loma Linda Healthcare System (VALLHS) 11201 Benton Street Loma Linda, CA 92357 909-825-7084

VA Long Beach Healthcare System (VALBHS) 5901 E. 7th Street Long Beach, CA 90822 562-826-8000

New Mexico VA Healthcare System 1501 San Pedro SE Albuquerque, NM 87108 505-265-1711

Phoenix VA Healthcare System 650 E. Indian School Road Phoenix, AZ 85012 602-277-5551 VA San Diego Healthcare System 3350 La Jolla Village Dr.

San Diego, CA 92161 858-552-8585

Northern Arizona VA Healthcare System

500 HW 89N

Prescott, AZ 86113 928-445-4860

V22 PALMS Office 300 Oceangate Suite 700 Long Beach, CA 90802 562-826-5963

Period of Performance/Delivery Timeframe:

The period of performance will start 05/04/2023 to 05/03/2024.

Additional Delivery Requirements Orders shall be made on an as needed basis throughout the period of performance not to exceed stated totals within the schedule without a supplemental agreement between the Contractor and Contracting Officer in accordance with 52.212-4(c) and 52.217-6. All shipping shall be inclusive of prices within the schedule and FOB Destination.

(viii) 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 March 4, 2023, 9:00 AM PST. Ensure to reference solicitation number 36C26223Q0987 within subject line of the email. Any offeror quotes received after the prescribed date/time will be considered non-responsive and will not be considered for award.

Submit all question(s) to Carlos Magana: Carlos.Magana@va.gov no later than forty-eight (48) hours after release of this solicitation. Ensure to reference solicitation # 36C26223Q0987 within the subject line of the email. Questions received after deadline will not be addressed.

Offers shall be sent by email to Carlos Magana: Carlos.Magana@va.gov Offerors shall submit the following via email:

1. Offerors shall fill out all unlocked fill-ins/tabs (define your fill-ins or tabs) of Attachment A conforming to requirements stated by the salient characteristics and the instructions below.

a. Offerors shall complete column K of tabs 1 or unit prices.

b. Offerors shall additionally complete columns F – I of tabs 1 if providing an equivalent product.

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

2. Offeror shall provide the following Company information to Attachment A tabs 2 in column B:

a. Company Name

b. Address

c. Telephone Number

d. Email

e. Point of Contact

f. Firm’s DUNS#/SAM ID

3. Offeror shall provide verification that their items are not Gray Market such as examples on page below, section Gray Market Items.

(ix) 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:

Factor 1 – Technical Capability. Quotes shall be evaluated on their capability to meet the minimum technical requirements as listed in SOW of this solicitation. If providing an alternative to the minimum requirement, Contractors are HIGHLY RECOMMENDED to provide a detailed description of the quoted alternative. The Technical Evaluation team shall review all quotes to determine if the minimum technical requirements are met.

Factor 2 – Salient Characteristics. Product must meet minimum salient characteristics outlined in the SOW section under Salient Characteristics. Vendors who are submitting equal to products must provide the documentation, brochures, and or data that clearly states the product is equal. Please reference FAR 52.211-6 for further information.

Factor 3 – Price. The prices stated are to be inclusive of all required supplies and/or services for the period of performance (POP) stated within the Solicitation for an awarded BPA. Additional costs and fees requested after submittal of the quotation shall not be honored.

Acceptability of equipment/services 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 sixty 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)

(x) 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.

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

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

(xiii) 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 within 10 Days. 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) 52.217-8 Option to Extend Services. (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause) Gray Market Items

(a) Gray market items are Original Equipment Manufacturer’s (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

(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 election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

(End of clause) 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FAR 52.204-13, System for Award Management Maintenance. (Oct 2018)

FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020)

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

FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (Oct 2018)

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

FAR 52.232-1, Payments (Apr 1984)

FAR 52.232-8, Discounts for Prompt Payment (Feb 2002)

FAR 52.232-18, Availability of Funds (Apr 1984)

FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

FAR 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.233-1, Disputes (May 2014)

VAAR 852.203-70, Commercial Advertising (May 2018)

VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (Oct 2019)

VAAR 852.232-72, Electronic Submission of Payments (Nov 2018)

(End of Clause) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

FAR 52.204-7, System for Award Management (Oct 2018)

FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020)

FAR 52.204-18, Commercial and Government Entity Code Maintenance (Aug 2020)

FAR 52.209-7, Information Regarding Responsibility Matters (Oct 2018)

FAR 52.217-5, Evaluation of Options (Jul 1990)

FAR 52.233-2, Service of Protest (Sep 2006)

VAAR 852.233-70, Protest Content/Alternative Dispute Resolution (Oct 2018)

VAAR 852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (Jan 2008)

(End of Provision)

See attached document: Attachment A.

See attached document: Attachment B.