S02. 36C25625Q1044.pdf

SUBJECT* NovaSure RF Controller and Fluent® Fluid Management System FLT 200

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 77056-5643

SOLICITATION NUMBER* 36C25625Q1044

RESPONSE DATE/TIME/ZONE 06-19-2025 2:00 PM Central Time, Chicago

ARCHIVE 60 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSB

PRODUCT SERVICE CODE* 6515

NAICS CODE* 339112

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

POINT OF CONTACT*

Contract Specialist Caleb Parker caleb.parker@va.gov

PLACE OF PERFORMANCE

mailto:caleb.parker@va.gov

ADDRESS G.V. (Sonny) Montgomery Department of Veterans Affairs Medical Center

1500 East Woodrow Wilson Avenue

Jackson, MS 39216-5116

DESCRIPTION

This is a combined synopsis/solicitation (Comparative Evaluation) for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and separate solicitation document will not be issued.

This solicitation is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03, dated 01/17/2025.

This acquisition is a 100% Service-Disabled Veteran Owned Small Business (SDVOSB) Set Aside.

Offerors must be VetCert certified at time of quote submission.

The associated North American Industrial Classification System (NAICS) code for this procurement is 339112, with a small business size standard of 1,000 Employees. The Product/Service Code is 6515.

The Department of Veterans Affairs (VA), Network Contracting Office 16 (NCO 16) located at the Galleria Financial Center, 5075 Westheimer Road, Suite 750, Houston, TX 77056 is seeking to procure NovaSure RF Controller and Fluent® Fluid Management System FLT 200 in accordance with the Statement of Work

(SOW).

All interested vendors shall provide Brand Name quotations for the following schedule:

Invoicing:

Line Item

Description Quantity Unit of

Measure Unit Price

Extended Price

One (1) NovaSure RF Controller (Mode 10) Includes all required accessories On-site delivery, installation, and training

1 EA

One (1) Fluent® Fluid Management System FLT 200 Includes all required components and accessories On-site delivery, installation, and training

1 EA

Total

Invoices shall be submitted in arrears upon inspection and acceptance of all products and services. 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 at http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 or va.registration@tungsten-network.com

The following solicitation provisions apply to this acquisition:

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 addresses:

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

FAR Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT Oct 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING Aug 2020

INSTRUCTIONS TO OFFERORS AND EVALUATION CRITERIA

INSTRUCTIONS TO OFFERORS:

Quote shall specify a specific delivery date or number of days After Receipt of Order (ARO). No partial shipments unless specifically authorized at the time of award. Delivery of all quantities shall occur no later than 60 days ARO to the following location:

Place of Delivery and Installation:

Department of Veterans Affairs Attn: Rodney Brown G.V. (Sonny) Montgomery VA Medical Center 1500 E Woodrow Wilson Avenue Jackson, Mississippi 39216

Offerors must submit relevant information demonstrating technical capability to satisfactorily perform the following requirement as expressed in the Statement of Work in the Solicitation.

http://www.fsc.va.gov/fsc/einvoice.asp mailto:va.registration@tungsten-network.com https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

Submission of Quotes: Quotations shall be received no later than 2:00 PM Central Standard Time (CST), Wednesday , June 11th, 2025. Quotations received after this time will not be considered for award.

Submissions can be sent in multiple emails to avoid computer system email size limitation. All proprietary information shall be clearly marked. All quotes shall be submitted through email addressed to Caleb Parker, Contract Specialist at caleb.parker@va.gov.

Technical Questions: All questions must be received in writing on or before June 5th, 2025, at 2:00 PM CST.

No phone inquiries will be accepted. All questions, comments, and requests for information regarding this acquisition shall be sent by email and cite the combined synopsis-solicitation number (36C25625Q0990) in the subject line. Government reserves the discretion not to respond to any inquiries submitted after June 5th at 2:00 PM CST. All inquiries about this solicitation must be sent to the contract specialist email at caleb.parker@va.gov. All responses to questions will be incorporated into a written amendment.

Quote Content and Submission Instructions: Offerors are responsible for ensuring that their quote fully complies with submission requirements outlined in the RFQ. Failure to explain the offeror’s ability to meet all requirements will result in the proposing contractor to be removed from consideration for award.

Clarity and completeness of quotes are of the utmost importance. Therefore, quotes must be written in a practical, clear, and concise manner.

Offeror shall provide the following documentation for the quote to be considered:

1. A completed Price/Cost Schedule (to include pricing for all line items), located on page 3 of the solicitation. Insert legible proposed unit and total all-inclusive pricing using the tables for each contract line item. No other format for the submission of the Price/Cost Schedule shall be accepted.

2. A completed Contractor Contract Administration Data Form, located on page 17 of this document.

3. Provide Delivery Lead Time for the quoted products.

4. An Authorized Distributor Letter from the Original Equipment Manufacturer (OEM), which shows evidence of being an authorized OEM Distributor or Reseller for the quoted products.

5. Complete the required clause fill-ins and return a signed copy of 852.219-76 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products on pages 11 – 14 of this document.

EVALUATION CRITERIA:

The Government will evaluate all responses received using the evaluation criteria provided below in accordance with FAR 13.106-2(b). Quotations will first be evaluated on a pass/fail basis for technical capability, to confirm that quoted products meet the salient physical characteristics specified in this RFQ.

Quoted products that do not meet the salient characteristics will be considered unacceptable and will not be further evaluated.

Quotes that pass technical capability will be further evaluated by comparative evaluation of two factors:

delivery lead time and price. The Government will evaluate quotes based on the comparative evaluation process, by comparing one quote with another in a uniform and fair manner to determine which quote provides the best value to the Government. The Government reserves the right to select a quotation that exceeds the minimum requirements but is not obligated to do so.

An award will be issued to the contractor that represents the best value to the Government, price and other criteria considered. The following evaluation criteria shall be used to evaluate quotes:

1. Evaluation Criteria 1 – Technical Under the ‘technical factor,’ each offeror’s responses will be evaluated on a ‘pass/fail’ basis or ‘acceptable/unacceptable’ basis. This determination will be based on the offeror demonstrating in its proposal a technical solution that meets the salient characteristics defined in the Solicitation’s Statement of Work. Please reference Section 3 (Salient Characteristics) in the SOW.

2. Evaluation Criteria 2 – Delivery Lead Time The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s required delivery lead time of 60 days ARO. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified in the RFQ, will be considered unacceptable.

3. Evaluation Factor 3: Price

Offerors' price quotes will be evaluated to ensure that the quoted prices are fair and reasonable. In addition, the offerors' price will be compared against competing quotes. Quotations shall include a proposed unit price for each line item, as well as the extended amount (unit price multiplied by quantity).

Offerors that are determined unacceptable based on Technical Capability or Delivery Lead Time cannot be selected regardless of price.

The Government intends to make its award decision with initial quote submitted by the vendor.

Therefore, each offeror is encouraged to provide the Government with all the information necessary to evaluate its initial quote under the evaluation criteria stated above. Offerors that fail to submit all the information necessary to evaluate their quote with their initial quote submission or do not conform with the RFQ requirements bears the risk of their quote being ineligible for award.

Comparative Evaluation Process:

• The Government will first evaluate quotations on a pass/fail basis for Technical Capability. Only quotes that pass the technical evaluation will proceed to the next step.

• Quotes that pass Technical Capability will then be comparatively evaluated for Delivery Lead Time and Price.

• The Government will perform a tradeoff analysis between delivery lead time and price to determine the best value quote. This analysis will consider how each factor (lead time and price) meets the Government's needs and priorities. Quotes that offer a shorter lead time and/or more competitive pricing are likely to be rated higher in the tradeoff analysis.

Award Decision:

Initial Evaluation:

The Government intends to make its award decision based on the initial quotations received. Therefore, offerors are strongly encouraged to provide complete and detailed information in their initial quote submissions. This includes ensuring all required documentation and information, as specified in the Instructions to Offerors, are included, and that the quote conforms to the requirements set forth in the

RFQ.

Technical Compliance:

Only those quotes that have passed the Technical Capability criterion by meeting all salient characteristics will be considered for further evaluation. Offerors must ensure their quoted products and solutions fully comply with the salient characteristics laid out in the Statement of Work (SOW).

Comparative Analysis and Tradeoffs:

The Government will conduct a comparative analysis of the quotes that passed the technical evaluation.

This involves comparing delivery lead times and prices to identify the quote that provides the best overall value to the Government.

The Government will weigh the benefits of shorter delivery lead times against the costs, determining the balance that offers the most favorable outcome in terms of meeting project timelines and budget constraints.

The Government reserves the right to make tradeoffs between delivery lead time and price. For example, if a quote offers a significantly shorter lead time but at a higher price, the Government will assess whether the expedited delivery justifies the additional cost based on project urgency and impact.

Best Value Determination:

After performing the comparative analysis and considering tradeoffs, the Government will determine which quote represents the best value. This decision will be based on an integrated assessment of both delivery lead time and price, ensuring that the selected quote provides the optimal balance of cost and performance.

The Government may select a quote that offers a higher price if the benefits of a shorter lead time are deemed significant. Conversely, a lower-priced quote may be selected if the lead time still meets the project requirements.

Award Notification:

The Government will issue an award to the contractor whose quote has been determined to provide the best value, considering all evaluation criteria.

The award decision will be documented and justified, highlighting the factors that contributed to the selection.

Quotes shall be received on or before the date and time specified in page 1 of this document. Quotes received after the due date and time may not be considered for award. Contractor's quote submissions that do not comply/conform with the RFQ requirements and or determined not capable to meet the Government requirements all criteria considered may not be eligible for award.

The following contract clauses apply to this acquisition:

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/

FAR Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE Oct 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE Aug 2020

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.

(End of clause)

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 802.101, 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;

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

(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 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 852.219-76 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 VIP-listed 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:

[Contracting Officer check as appropriate.]

____ By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

__X__ 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 USC 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)

852.219-76 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products.

As prescribed in 819.7011(c), insert the following clause. The contracting officer shall tailor the clause in paragraph (a)(2)(iii) as appropriate:

VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products

(NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(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:

[Offeror check the appropriate box]

(i) □ In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed 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 fill-in - 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. [Offeror fill-in -check each box below.]

□ 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 section 1001 of title 18.

(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)

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)

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)

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.

VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

Department of Veterans Affairs ATTN: Rodney Brown G.V. (Sonny) Montgomery VA Medical Center 1500 E Woodrow Wilson Ave, Jackson, MS 39216

(End of Clause)

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.

Any questions or concerns regarding this combined synopsis-solicitation shall be forwarded in writing via e-mail to the Point of Contact listed below.

Point of Contact:

Caleb Parker, Contract Specialist, (713) 791-1414 ext. 149866 or caleb.parker@va.gov.

(The remainder of this page is intentionally left blank)

CONTRACT ADMINISTRATION DATA

Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

Phone: ______________________

Email: _______________________

SAM UEI Number: ________________

TAX ID: ______________________

b. GOVERNMENT:

Ashley Haslauer, Contracting Officer Department of Veterans Affairs Network Contracting Office 16 2400 Canal Street New Orleans, LA 70119-6535 Email: Ashley.Haslauer@va.gov

Caleb Parker, Contract Specialist Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643 Email: caleb.parker@va.gov

Statement of Work (SOW) mailto:Ashley.Haslauer@va.gov

NovaSure RF Controller (Mode 10) and Fluent® Fluid Management System FLT 200

Department of Veterans Affairs – G.V. (Sonny) Montgomery VA Medical Center

1500 E Woodrow Wilson Ave, Jackson, MS 39216

1. Purpose

The purpose of this procurement is to obtain one (1) NovaSure RF Controller (Mode 10) and one (1) Fluent® Fluid Management System FLT 200, including all required accessories, installation, and operational instructions. These systems are essential to support procedures at the G.V. (Sonny) Montgomery VA Medical Center. The equipment shall enhance safety, precision, and efficiency in procedures such as endometrial ablation and hysteroscopic morcellation.

2. Background

The G.V. (Sonny) Montgomery VA Medical Center provides diagnostic and therapeutic services including hysteroscopic procedures for the treatment of abnormal uterine bleeding and intrauterine pathologies. Current capabilities do not include integrated fluid management and energy ablation systems compatible with modern procedural workflows. Procuring the NovaSure RF Controller and Fluent® Fluid Management System FLT 100 ensures that Veterans receive the highest quality of minimally invasive care using industry-standard technology.

3. Scope of Work

The Contractor shall provide the following:

• One (1) NovaSure RF Controller (Mode 10)

• One (1) Fluent® Fluid Management System FLT 200

• All required components, cables, tubing sets, and accessories for standard use

• Original equipment manufacturer (OEM) installation instructions

• On-site delivery

• Setup and operational overview for end users (non-clinical training)

• OEM warranty documentation

• Technical support contact information

The Contractor shall be responsible for all transportation, delivery, setup coordination, and any shipping fees.

4. Salient Characteristics

NovaSure RF Controller (Mode 10) must include:

• Intuitive, touch-screen user interface

• Software-guided procedural steps for endometrial ablation

• Real-time tissue contact integrity monitoring

• Audible and visual safety alerts

• Compact design with easy mobility

• Compatibility with existing NovaSure endometrial ablation disposables

Fluent® Fluid Management System FLT 200 must include:

• Proprietary dual peristaltic pump system for inflow and outflow regulation

• Real-time volume differential monitoring to help prevent fluid overload

• Integrated suction and debris evacuation for hysteroscopic morcellation

• Intelligent touchscreen operation for user-friendly fluid pressure and flow control

• Built-in safety features for intrauterine procedures

• Designed for closed-loop, sterile fluid management

• Uses single-use, sterile tubing sets with automatic recognition

• Fully mobile system with locking wheels and power compatibility

• FDA-cleared for diagnostic and operative hysteroscopic procedures

• Seamless integration with NovaSure controller and hysteroscopic instrumentation

5. Delivery Location

G.V. (Sonny) Montgomery VA Medical Center

1500 E Woodrow Wilson Avenue

Jackson, Mississippi 39216

6. Period of Performance

The required period of performance is 60 calendar days after receipt of order (ARO). All equipment must be delivered, unboxed, and made ready for use within this time period.

7. Government Responsibilities

The VA will:

• Provide access to the designated delivery area

• Coordinate with clinical personnel for a walkthrough upon delivery

• Verify receipt and sign for the equipment upon successful delivery and inspection

8. Warranty & Support

The Contractor shall provide:

• A minimum of one-year OEM warranty covering parts and labor

• Contact information for technical and warranty support

• Replacement parts and servicing during the warranty period at no additional cost

9. Security and Safety Requirements

No patient data or secure VA network access is required. The Contractor shall comply with all VA medical center security and safety protocols during delivery.

10. Acceptance Criteria

The equipment shall be deemed accepted once the following conditions are met:

• All specified equipment is delivered in OEM-sealed packaging

• Visual inspection confirms the equipment is free of damage

• Basic functionality and completeness are verified by end-user personnel

11.Contract Changes/Modifications:

The CO is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Authorized Government Representative on all matters pertaining to contract administration and technical direction. Only the CO is authorized to make commitments or issue changes that shall affect price, quantity, or quality of performance of this contract. The Authorized Government Representative for this requirement is:

Rodney Brown 601-927-8667

Rodney.Brown@va.gov Records Management:

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created while performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Jackson VAMC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C.

2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. Contractor personnel shall sign VA Form 10-0708 “Employee Clearance from Indebtedness” before resigning or termination from Contractor working for GVSMVAMC and Facility Records Officer must sign form. A copy of completed signed VA Form 10-0708 (Contractor personnel and Facility Records Officer signatures) shall be place in each competency folder. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle].

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6.The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7.The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Jackson VAMC policy.

8. The Contractor shall not create or maintain any records containing any non-public Jackson VAMC information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The Jackson VAMC owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which GVSMVAC shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. TMS (Talent Management System) course VA 4192704: “Records Management for Everyone” [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

12. Flow-down of requirements to subcontractors:

a. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

b. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

Invoicing and Payment: Contractor is authorized prompt payment in accordance with applicable regulation following the successful performance of work, execution of services, and completion of required deliverables. Contractor invoices shall be submitted IAW VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Invoices submitted for payment must be detailed to the extent necessary to reflect the work done and the services performed during the time periods when completed so an accurate assessment can be made by the facility for certification of these invoices for payment. Advance payments are not authorized, and Contractor is not authorized payment for future work not performed and/or for work that has not been successfully completed.

Final Invoicing Instructions: It is your firm’s responsibility to submit a completed and signed Final Invoice Memo (see attached template) in accordance with the terms and conditions of this contract. The Final Invoice Memo must be signed and attached to your firm’s submission of the final invoice for final payment or within seven (7) calendar days after the period of performance or contract expiration. If the CO or designated representative does not receive a signed copy of the Final Invoice Memo with your firm’s final invoice for final payment and/or if the Government does not hear from your firm via e-mail after seven (7) calendar days, after the period of performance or contract expiration, the Government will accept that there is adequate evidence that all supplies and services have been delivered and accepted, all invoices have been paid, and that there are no outstanding invoices or issues concerning this contract; thus, the Government will continue with a unilateral de-obligation of any remaining funds and issue the signed modification to all parties. Further, failure to submit a signed Final Invoice Memo could result in a negative CPARS entry as a lack of business-like concern for the interest of the customer—which in this case is the VAMC.

Notwithstanding the claim period stated in FAR 52.233-1, Disputes, and pursuant to FAR 33.206, Initiation of a Claim, the Contractor agrees to submit any claim related to this contract within 12 months after accrual.