S02 - RFQ-36C26220Q0575_Blood Culture Instruments_FINAL.docx

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; proposals are being requested and a written solicitation will not be issued.

(ii) The solicitation number 36C26220Q0575 is issued as a Request for Quotation (RFQ).

(iii) The provisions and clauses in this document are in effect through the Federal Acquisition Circular 2005-95, January 19, 2017.

(iv) This solicitation intends to award a contract through full and open competition to a business associated with NAICS[footnoteRef:1] Code 334516 and is subject to the non-manufacturer rule (See FAR 19.001 and 13 CFR § 121.406). While a waiver is present for this category, offerors must still provide evidence that they can manufacture 51% of the end item and provide 51% of services related to this procurement in order to be considered a small business entity. [1: North American Industrial Classification System]

(v) The US Government, Veterans Affairs (VA), Veterans Integrated Services Networks (VISN) 22 Network Contracting Office, seeks to make a VISN-wide procurement for blood culture instrument systems, installation, training and maintenance/service agreements for VISN 22. (See Attachment A for specific locations and information).

(vi) Offeror quotes must demonstrate meeting the salient physical, functional, or performance characteristic specified in this solicitation, otherwise it will be considered non-responsive.

All interested companies shall provide quotations for the following requirements outlined herein and Attachment A – Tabs 1 and 2, and Attachment B.

Grey Market Items.

(a) Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. 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.

(vii) Delivery shall occur at the locations, and in the quantities needed based on annual test volumes, as stated within Attachment A - Tab 2.

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

All offeror quotes for this solicitation must be received electronically through email to Robert W. Hutchison at robert.hutchison1@va.gov no later than Friday, July 24, 2020, 1:00 PM PDT. Ensure to reference solicitation number 36C26220Q0575 within subject line of the email. Any offeror quotes received after the prescribed date/time shall be considered non-responsive and will not be considered for award.

Any questions regarding this solicitation must be received electronically through email to Robert W. Hutchison at robert.hutchison1@va.gov no later than Friday, July 10, 2020, 1:00 PM PDT. For alternative support contact Won Chae at won.chae@va.gov. Ensure to reference solicitation number 36C26220Q0575 within subject line of the email.

Offerors shall submit the following via email:

1. Offerors shall fill out all information on Attachment A – Tab 1 conforming to the requirements stated herein. For Sections 1 -3, under Salient Characteristics, offerors shall check either column B (Meets), or column C (Does Not Meet) as appropriate, and in column E the offeror shall identify where in their offer the salient characteristics are met (i.e. document name, page number, paragraph, etc.). On Attachment A – Tab 2, for Sections 1-2 (VISN 22 West & VISN 22 East), offerors shall complete columns E, G and I as appropriate based on the number of instrument systems needed to meet station volumes and minimum capacity of 400 bottles. For Section 3, offerors shall complete columns D, G and I as appropriate, based on VISN 22 volumes, package configuration and pricing.

2. Signed copies of the solicitation and any solicitation amendments.

3. Offerors shall provide informational copies of the maintenance/service agreements being offered under this solicitation.

4. Offerors shall provide pricing as requested in Attachment A – Tab 2, columns G and I.

(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:

Lowest price for items that meet all salient characteristics and requirements stated within Attachments A and B.

Acceptability of equipment/services shall be established by review of each submitted quote by the designated technical evaluator(s) and verification that all specified items meet the salient characteristics included in this solicitation. Submissions to this solicitation must show clear, compelling and convincing evidence that the specified items meet all the salient characteristics (see Attachment A – Tab 1).

(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 in the offer, 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.

(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:

52.217-6 - 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 ten (10) business days. Delivery of the added items, not to exceed 50% of all contract line 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 ten (10) business days.

(End of clause) 52.217-9 – Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of clause) 852.212-72 - Gray Market and Counterfeit Items (Mar 2020)

(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) 852.273-75 – Security Requirements for Unclassified Information Technology Resources (Interm-Oct 2008) The Contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and the VA directives and handbooks regarding information and information system security as delineated in this contract.

(End of Clause) In addition, the following clauses shall also apply:

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

http://farsite.hill.af.mil/vffara.htm http://www.acquisition.gov/comp/far/index.html http://www.va.gov/oal/library/vaar/index.asp

The following provisions shall also apply:

(xiv) All offeror quotes for this solicitation must be received electronically through email to Robert W. Hutchison at robert.hutchison1@va.gov no later than Friday, July 24, 2020, 1:00 PM PDT. Ensure to reference solicitation number 36C26220Q0575 within subject line of the email. Any offeror quotes received after the prescribed date/time shall be considered non-responsive and will not be considered for award.

(xv) Any questions regarding this solicitation must be received electronically through email to Robert W. Hutchison at robert.hutchison1@va.gov no later than Friday, July 10, 2020, 1:00 PM PDT. For alternative support contact Won Chae at won.chae@va.gov. Ensure to reference solicitation number 36C26220Q0575 within subject line of the email.

See Attachments A & B