5220--Laser Induced Breakdown Spectroscopy (LIBS) Analyzer

Request for Quote (RFQ) #: 36C25923Q0690

Laser Induced Breakdown Spectroscopy (LIBS) Analyzer.

Unrestricted

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Government reserves the right to make no award from this solicitation.

* The deadline for all questions is 4:00pm MT, September 5, 2023

All questions must be submitted in writing no later than the question cut-off date marked above. All questions will be answered officially through an amendment to the solicitation.

** Quotes are to be provided to mark.holland@va.gov no later than 4:00pm MT, September 8, 2023.

Quotes shall not be hand carried. Faxed quotes shall not be accepted. Emailed quotes are the only method of submitted quotes (4MB email limit). The Government reserves the right to make award solely on initial Quotes received. Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation. This RFQ shall be completed in its entirety, and signed and dated, failure shall not be considered for award.

This is a Request for Quote (RFQ) and the solicitation number is 36C25923Q0690. The government anticipates awarding a firm-fixed price contract resulting from this solicitation.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 effective June 02, 2023.

The North American Industrial Classification System (NAICS) code for this procurement is 334519 with a small business size standard of 600 employees. This solicitation is a 100% unrestricted.

List of Line Items;

Line Item

Description

Quantity

Unit of Measure

Unit Price

Total Price

0001

Laser Induced Breakdown Spectroscopy (LIBS) Analyzer.

1

EA

$

$

Grand Total

$

Description of Requirements for the items to be acquired: See Statement of Work

Delivery and acceptance is to be F.O.B Destination (FAR 52.247-34) at the Veterans Affairs Medical Center, located at

Department of Veteran Affairs

Grand Junction VA Medical Center

2121 North Ave

Grand Junction, CO 81501

52.212-1, Instructions to Offerors--Commercial Items applies to this acquisition

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL

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

Offeror 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.

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 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.

Any award made as a result of this solicitation will be made on an All or Nothing Basis.

State if quoted items are available and priced through offerors existing Government-wide Acquisition Contract (GWAC), GSA Multiple Award Schedule (MAS) contract, or VA-wide Acquisition Contract.

If the acquisition is set-aside for SDVOSBs/VOSBs, their socioeconomic status must be VIP verified and visible in the VA Vendor Information Pages (VIP): https://www.vip.vetbiz.gov/ at the time of quote submission AND award, or will be considered non-responsive, and will NOT be considered for award.

Offerors are warned against contacting any VA personnel other than the Contracting Officer and Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations.

All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror s page limitations unless otherwise indicated in the specific volume instructions below.

All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote.

Submission of quote shall include the following volumes: (I) Technical capability or quality of the item offered to meet the Government requirement; (II) Price

Volume I - Technical capability or quality of the item offered to meet the Government requirement

The offeror shall submit specifications, cut sheets, or brochures confirming the equal products, including equal products of the brand name manufacturer submitted, meets or exceeds the salient physical, functional, or performance characteristic specified in this solicitation. The product(s) quoted must be identified by brand name, if any, and make or model number.

Volume II - Price

Price - The offeror shall complete the pricing schedule provided in Section (v) above: Price/Cost Schedule.

(End of Addendum to 52.212-1)

52.212-2, Evaluation--Commercial Items applies to this acquisition

ADDENDUM to FAR 52.212-2 EVALUATION COMMERCIAL ITEMS:

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 considering price and other factors.

The following factors shall be used to evaluate quotations:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement

Factor 2. Price

Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2(b)(3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation, but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

Factor 2. Price: The Government will evaluate the price by adding the total of all line item prices. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement shall not be selected regardless of price.

(End of Addendum to 52.212-2)

52.212-3, Offeror Representations and Certifications Commercial Items, applies to this acquisition. Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. Offerors must be registered in SAM at time of offer submission.

52.212-4, Contract Terms and Conditions--Commercial Items applies to this acquisition

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (JUL 2020) applies to this acquisition

FAR 52.212-5 applies to this acquisition with the following FAR clauses incorporated by reference;

CL-120

Supplemental Insurance Requirements

FAR 52.203-19

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

FAR 52.204-10

Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020)

FAR 52.204-13

System for Award Management Maintenance. (Oct 2018)

FAR 52.204-16

Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.204-25

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

FAR 52.209-6

Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)

FAR 52.209-10

Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

FAR 52.219-6

Notice of Total Small Business Set-Aside (Nov 2020)

FAR 52.219-28

Post Award Small Business Program Representation (NOV 2020)

FAR 52.219-33

Nonmanufacturer Rule (MAR 2020)

FAR 52.222-3

Convict Labor (JUN 2003)

FAR 52.222-19

Child Labor Cooperation with Authorities and Remedies (JUL 2020)

FAR 52.222-21

Prohibition of Segregated Facilities (APR 2015)

FAR 52.222-26

Equal Opportunity (SEP 2016)

FAR 52.222-35

Equal Opportunity for Veterans (JUN 2020)

FAR 52.222-36

Equal Opportunity for Workers with Disabilities (JUN 2020)

FAR 52.222-50

Combating Trafficking in Persons (OCT 2020)

FAR 52.223-18

Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

FAR 52.225-1

Buy American Supplies (JAN 2021)

FAR 52.225-13

Restrictions on Certain Foreign Purchases (JUN 2008)

FAR 52.229-12

Tax on Certain Foreign Procurements (JUN 2020)

FAR 52.232-8

Discounts for Prompt Payment (Feb 2002)

FAR 52.232-9

Limitation on Withholding of Payments (Apr 1984)

FAR 52.232-11

Extras (Apr 1984)

FAR 52.232-33

Payment by Electronic Funds Transfer System for Award Management (Oct 2018)

FAR 52.232-39

Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.233-3

Protest after Award (Aug 1996)

FAR 52.233-4

Applicable Law for Breach of Contract Claim (Oct 2004)

FAR 52.242-15

Stop-Work Order (Aug 1989)

FAR 52.246-1

Contractor Inspection Requirements (Apr 1984)

Additional contract requirements or terms and conditions:

52.217-6 Option for Increased Quantity.

As prescribed in 17.208(d), insert a clause substantially the same as the following:

Option for Increased Quantity (Mar 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within ____10 days___________ . Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(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) Representation. 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)

52-204-26 Covered Telecommunications Equipment or Services-Representation

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have 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) (1) 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

852.212-70, Provisions and Clauses Applicable to VA Acquisition of Commercial Items (Apr 2020)

VAAR 852.203-70

Commercial Advertising (MAY 2018)

VAAR 852.232-72

Electronic Submission of Payment Requests (NOV 2018)

VAAR 852.233-70

Protest Content/Alternative Dispute Resolution (OCT 2018)

VAAR 852.233-71

Alternate Protest Procedure (OCT 2018)

VAAR 852.246-71

Rejected Goods (OCT 2018)

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

The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

http://www.acquisition.gov/far/index.html

https://www.acquisition.gov/vaar

The following FAR provisions are to be incorporated by reference:

FAR 52.204-7

System for Award Management (OCT 2018)

FAR 52.204-16

Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.229-11

Tax on Certain Foreign Procurements Notice and Representation (JUN 2020)

The following VAAR provisions are to be incorporated by reference:

None

The following FAR clauses are incorporated by reference:

FAR 52.203-17

Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

FAR 52.204-13

System for Award Management Maintenance (OCT 2018)

FAR 52.204-18

Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.232-40

Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

The following VAAR clauses are to be incorporated by reference:

VAAR 852.212-71

Gray Market Items (APR 2020)

The Defense Priorities and Allocations System (DPAS) does not apply.

Date and Time offers are due to mark.holland@va.gov by 4:00pm MT, September 8, 2023.

Name and email of the individual to contact for information regarding the solicitation:

Mark Holland

Mark.holland@va.gov