W81K0020Q0122-0002.pdf

0011480015

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

1. This amendment is issued to incorporate the follow ing clauses and provision into this solicitation:

FAR 52.204-24, FAR 52.204-25, and FAR 52.204-26.

2. Please complete the fill-in for FAR 52.204-26 of the attached and return now or please address this clause (FAR 52.204-26) in your Reps and Certs (FAR 52.212-3)." If this clause "does" apply to your firm then you shall also complete FAR 52.204-25 and include w ith your quote.

3. All other terms and conditions remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 12-Aug-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W81K0020Q0122

X 9B. DATED (SEE ITEM 11)

17-Jul-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

12-Aug-2020

CODE

W40M USA HLTH CONTRACTING ACT

REGIONAL HEALTH CONTRACT OFF CENTRAL

2539 GARDEN AVENUE

FT SAM HOUSTON TX 78234-0000

W81K00 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W81K0020Q0122

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

52.204-24

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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 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 section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

52.204-26

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in 4.2105(c), insert the following provision:

Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representation. The Offeror represents that it □ does, □ 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.

The following have been modified:

52.212-1 ADDENDUM

ADDENDUM TO 52.212-1

Offeror shall submit the following:

Offeror shall submit signed and dated proposals to arrive no later than the date and time specified in Block 8 of the SF 1449. Proposals submitted after the due date and/or time will be considered untimely and ineligible for award.

Questions and Answers Period: Questions must be submitted in writing and sent via email to wayne.shavers.civ@mail.mil AND anthony.j.smith138.civ@mail.mil. Offerors must submit questions prior to 10:00am CST on Monday 27 July 2020, answers to all questions will be posted no later than 10:00am CST on 3 August 2020. Answers to questions will be posted back on FBO via solicitation amendment. All amendments must be acknowledged with proposals no later than the RFQ close date/time, shown in Block 8.

Vendors shall submit their offers in three separate volumes. Volume I shall consist of the technical capability submittals. Volume II will consist of past performance. Volume III shall consist of pricing and administrative. There shall be no pricing data included in Volume I or II. The combined response for all Volumes shall not exceed 20 pages. Proposals shall be submitted on standard 8 ½” by 11” paper, using no smaller than 10pt.

font, and no larger than 12pt font, using front-side only. Each volume shall include: the solicitation number, a title page identifying the offeror, the full physical address, e-mail address, phone and facsimile numbers, points of contact (POCs) of the offeror, the and the proposal’s contents. A Statement that the offeror will hold its quote firm for at least 60 days from the due date for receipt of quotes, subject to any changes or modifications that may occur as a result of discussions (if applicable). Offeror shall mark and prepare each volume submitted in accordance with these instructions.

Offerors shall submit proposal attachments according to the following format:

Technical Capability Volume I _ (Offeror’s name)

Past Performance Volume II _ (Offeror’s name)

Price and Administrative Volume III _ (Offeror’s name)

Each attachment as referenced above shall be submitted as a separate attachment within the emailed proposal. Failure to submit proposals as per illustrated above may disqualify an offeror for award consideration.

The following Factor(s) and sub-factor(s) will be used for evaluation purposes:

Volume I – Technical Capability

Factor 1 - Technical Capability – If providing an “equal” item(s), comply with FAR Clause 52.211-6, Brand Name or Equal. Explain how your company will meet the salient characteristics of the items as specified in the solicitation.

Salient Features:

NOTE: Vendors offering other than name brand products shall meet or exceed the following:

a. Must be FDA and TAA compliant.

b. Must be able to provide implant, devices, and therapies for erectile restoration and male urinary continence.

c. Must provide a penial implant with cylinders designed to expand in girth and length up to 25%.

d. Must have smaller cylinders available to meet the needs of patients with scarred or sclerotic corpora.

e. Must provide both non-antibiotic and antibiotic treated options of inflatable penile prosthesis products.

f. Must be able to provide a urinary control system that restores continence that the patient can control.

g. Must provide a urinary control system that treats males stress urinary incontinence following prostatic surgery.

h. Must have a urinary control system that with an occlusive cuff and corresponding pump system.

i. Must provide male urinary slings treating male incontinence after surgery with long term success rates above 75% for mild to moderate incontinence.

j. Must provide slings that have a polypropylene liner designed to reduce the pull-through resistance during sling passage.

K Must provide urinary control systems that have permanent tension threads integrated directly into the mesh in order to reduce prep time.

l. Must provide a male urinary incontinence product line with helical wireform designed specifically for transobturator needle passage in the male anatomy.

m. Must provide erectile restoration products including an inflatable prosthesis line that offers a combination of features with or without pre-connected cylinders and pumps for both an infrapubic and penoscrotal approach.

Volume II - Past Performance

Sub-factor A - Past Performance Reference List - Provide a list of references with company name, contract number and dollar value, period of performance, description of relevant products to this solicitation, point of contact (contracting officer and contract specialist), email, and phone number. Reference list should include at least three and no more than five references. All references shall be residing in the United States and shall include relevant experience regarding the purchase of urology & pelvic health supplies.

Sub-factor B - Past Performance Information Retrieval System (PPIRS) - The Government may also consider any additional information from its own files, databases such as the Past Performance Information Retrieval System (PPIRS), or from any other source it deems appropriate. The Government may survey references to verify the information provided.

Volume III – Price and Administrative

Pricing – Complete the pricing for items listed in attachment 1 (Bid schedule) to include any discounts offered to the government.

Administrative - Vendors are requested to submit a quote for the supplies herein (See attachment 1) by the response due date and time. Offeror shall use two decimals to the left in “Unit Price”, “Amount”, and “Grand Total” (ex:

$2.12). The SF 1449 Solicitation shall be submitted with proposed “Grand Total” (Grand Total of all items).

Proposals may be disqualified from award consideration if unit price and /or total extended amounts do not match or are missing from one or more line items as per listed on the solicitation. Offerors shall ensure the SF 1449, Blocks 12, 17A, and 30A – C, are completed in their entirety as well as any other information requested in the solicitation.

Offeror shall also acknowledge each amendment (if any) by completing first page on each SF 30, Blocks 8 and 15A

– C. Offeror shall submit electronic copies of their proposals via email to Wayne Shavers

(wayne.shavers.civ@mail.mil) AND Anthony Smith (anthony.j.smith138.civ@mail.mil). Hard copies of proposals are not required

Section C of Exhibit 52.204-26 must be returned or verify 52.204-26 has been completed with online Reps and Certs to be eligible for award.

Offeror shall be registered and current in the System for Award Management (SAM) with the appropriate NAICS Code and shall not have any Active Exclusions listed within SAM to be eligible for award The SAM internet web site is https://beta.sam.gov. Vendors also need to submit a completed copy of all provisions in the solicitation, or confirm their SAM registration is current, complete, and accurate. Quotes are due by 17 August 2020 @ 4:00 PM, Central Standard Time.

End of 52.212-1 Addendum

ADDENDUM TO 52.212-2

Paragraph (a) is hereby replaced with the following:

Evaluation Process.

The Government anticipates awarding multiple blanket purchasing agreements to responsible vendor(s) whose offer meets or exceeds the minimum technical requirements of the solicitation and provides fair and reasonable pricing.

An offeror must be able to provide at least 75% of the items on the pricelist in order to be considered eligible for award.

Volume I - Factor 1 - Technical Capability:

The following adjectival ratings will be used in evaluating the offeror’s written technical capability:

Table 1 - Rating Description

Acceptable - To receive this rating, the offerors product shall meet the salient characteristics set forth in the solicitation.

Unacceptable - An unacceptable rating will be assessed on any offeror that presents items that demonstrate any of the following:

-Failure to meet the salient characteristics set forth herein.

-Fails to provide sufficient detail for the Government to determine whether the items satisfactorily meet the requirements of this solicitation.

-Fails to provide at least 75% of the required items on the pricelist.

Volume II - Factor 2 - Past Performance:

Factor II - The following adjectival ratings will be used to determine degree of performance risk associated with the proposal past performance.

Sub-factor A – Past Performance – Acceptable will be determined on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. Unacceptable will be determined on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In case the offeror does not have a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Sub-factor B - Past Performance Information Retrieval System (PPIRS) - The government may also consider any additional past performance information available, to include the Past Performance Information Retrieval System

(PPIRS).

Volume III - Factor 3 - Price:

Quoted pricing will be reviewed to determine them fair and reasonable and if accepted by the Contracting Officer, will be incorporated into the resulting BPA.

Offeror’s pricing must be determined to be fair and reasonable in order to be eligible for an award.

Options: N/A.

Section C of Exhibit 52.204-26 must be completed and returned or verify 52.204-26 has been completed with online Reps and Certs to be eligible for award

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror(s) 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)

(End of Summary of Changes)