OHDACA Q and A 2.pdf

Questions and Answers

1. Delivery destination The solicitation references delivery to Central Ukraine, and Addendum 52.212-1 references U.S. Embassy Kyiv, Ukraine. However, the SF1449 delivery schedule also includes DoDAAC/address references in the United States and Germany. Please confirm the final FOB Destination, whether the contractor must deliver inside Ukraine, and whether the final hospital/site address and POC will be provided only after award.

Response to Question 1: Delivery Destination The solicitation provides a proximity location for the final Freight on Board (FOB) destination within Central Ukraine. Any U.S. and Germany DoDAACs previously listed are superseded by this requirement. The Government confirms that the contractor is fully responsible for all transportation, including onward movement, import, and last-mile delivery to the final site. To maintain operational security, the exact facility address and Point of Contact (POC) information will be provided solely to the successful offeror immediately upon award. Offerors must base their logistics, transportation, and delivery pricing on the proximity location already identified in the solicitation.

2. CLIN scope vs. Attachment 1 Please confirm whether CLIN 0001, 0002, and 0003 require all components listed in Attachment 1: Medical Supplies Technical Specifications, including the complete laparoscopic system, complete hysteroscopic complex, energy platform, instruments, consumables, installation, training, and warranty support.

Response to Question 2: CLIN Scope vs. Attachment 1 The Government confirms that the Contract Line Item Numbers (CLINs) must encompass all requirements outlined in Attachment 1. Because this is a Firm Fixed Price supply purchase where the contractor is responsible for transportation and installation, the pricing for the CLINs must be inclusive of the complete laparoscopic system, hysteroscopic complex, energy platform, instruments, consumables, transportation to the proximity location, installation, training, and warranty support.

3. Manufacturer country requirement Attachment 1 states that the equipment manufacturer must be from European countries or the USA. Please confirm whether this refers to the legal manufacturer/brand, the physical country of manufacture, or both. Please also confirm whether equipment manufactured in Ukraine/Turkey or by a U.S./European brand with manufacturing outside Europe/USA is acceptable.

Response to Question 3: Manufacturer Country Requirement In accordance with FAR Part 25, the end product must be manufactured or substantially transformed in the United States or a Designated Country. The prior reference to "European countries or the USA" is clarified to mean that the product must come from a

World Trade Organization Government Procurement Agreement (WTO GPA) country.

Acceptable Designated Countries include: Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (Chinese Taipei), Ukraine, and the United Kingdom. Offerors are advised that equipment manufactured in Ukraine or Turkey (if otherwise compliant with trade agreements) is evaluated based on this FAR Part 25 standard.

4. Installation and training Please confirm whether the contractor is required to install/commission the equipment and conduct user training at the final site in Ukraine, and whether any site access/security requirements apply.

Response to Question 4: Installation and Training The Government confirms that the contractor is entirely responsible for the transportation, installation, commissioning, and user training of the products at the final site. Quoters must account for the logistics of deploying their technical personnel to the proximity location identified in the solicitation. While the exact facility is not disclosed pre-award, standard commercial facility conditions will apply. Any highly specialized access requirements or deviations from standard offloading infrastructure will be coordinated with the awardee post-award.

5. Warranty and local service Please confirm whether a Ukraine-based authorized service representative is required and what documentation is acceptable to demonstrate warranty/service capability.

Response to Question 5: Warranty and Local Service The Government requires the vendor to successfully execute the 12-month warranty.

While a Ukraine-based authorized service representative is highly encouraged to ensure timely repairs, it is not strictly mandated provided the vendor can demonstrate how they will meet response time requirements. Vendors must provide a narrative in their technical volume detailing their warranty execution plan and proof of OEM authorization.

6. Import, tax, and customs Please confirm whether the U.S. Government will provide tax/customs exemption documentation for import into Ukraine and what delivery/customs documentation will be required.

Response to Question 6: Import, Tax, and Customs Quoters are advised that the solicitation includes the following clauses regarding taxes and customs: FAR 52.229-6, FAR 52.229-11, FAR 52.229-12, DFARS 252.229-7001, DFARS 252.229-7001 (Alt 1), and DFARS 252.229-7014. In accordance with FAR 52.229-6, the contract price shall include all applicable taxes and duties, except those for which the U.S. Government provides an exemption. To eliminate prior confusion regarding delivery destinations, the Government confirms that DFARS 252.229-7002, Customs Exemptions (Germany), has been formally removed from the solicitation. The Government will provide specific guidance via amendment on whether U.S. Government-provided tax/customs exemption documentation will be available for final import into Ukraine.

7. DBA / War-Hazard insurance

Since FAR 52.228-3 and FAR 52.228-4 are included, please confirm whether Defense Base Act and/or War-Hazard insurance must be carried for non-U.S. local subcontractor personnel performing delivery, installation, commissioning, or training in Ukraine.

Response to Question 7: DBA / War-Hazard Insurance The Government confirms that this requirement is a Firm Fixed Price supply purchase and is not classified as a service contract. Therefore, Defense Base Act (DBA) and War- Hazard insurance requirements do not apply. To reflect this, FAR 52.228-3, Workers' Compensation Insurance (Defense Base Act), and FAR 52.228-4, Workers' Compensation and War Hazard Insurance Overseas, have been formally removed from the solicitation.

Quoters should not include DBA or War-Hazard insurance premiums in their pricing.

8. IUID / SPRS identifiers Please confirm whether each end product over USD 5,000 must include IUID marking/reporting and whether manufacturer part number, serial number, GS1/UPC, or equivalent manufacturer identifiers are sufficient for SPRS/item-price risk evaluation if NSN is not available.

Response to Question 8: IUID / SPRS Identifiers The Government will issue an amendment clarifying the Item Unique Identification (IUID) requirements. If standard DoD IUID marking is deemed unnecessary for these commercial medical supplies, the Government will confirm that commercial equivalents such as Manufacturer Part Numbers, Serial Numbers, or GS1/UPC codes are sufficient for tracking and SPRS evaluation.