6520--36C249-21-AP-3394 - Brand Name or Equal Requirement for Oral Surgical Drills (BEIN AIR CHIROPRO)

Combined Synopsis/Solicitation 36C24921Q0527

VHAPM Part 813.106 SAP: Soliciting Competition & Evaluation of Quotations SOP Page 3 of 5

Original Date: 10/12/17

Revision 04 Date: 06/10/20

Description

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

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06 with an effective date of 07-12-2021.

This solicitation is issued under full and open competition.

The associated North American Industrial Classification System (NAICS) code for this procurement is 339114, with a small business size standard of 750 employees.

The FSC/PSC is 6520.

The Veterans Health Administration (VHA) Network Contracting Office (NCO) 9 has a brand name or equal requirement for the following commercial items.

Contracting Office Address

Department of Veterans Affairs

Network Contracting Office (NCO) 9

ATTN: Jennifer Harper

1639 Medical Center Parkway, Suite 400

Murfreesboro, TN 37129

All interested companies shall provide quotations for the following:

Supplies/Services

Item Number

Description

Quantity

0001

BEIN AIR CHIROPRO L (BA-1700463-GOV)

4

0002

BIEN AIR PM 1221 STRAIGHT HANDPIECE 1:2 RATIO 45MM BUR (BA-1600436-GOV)

16

0003

BIEN AIR MX1 LED MOTOR FOR CHIROPRO L (BA-1600755-GOV)

12

0004

BEIN AIR CABLE 10" CHIROPRO I AND L (BA-1600881-GOV)

12

0005

CONTAINER BASE STERILIZATION FOR BIEN AIR MOTOR AND HAND PIECE SIZE 25X20 CM (CTM-KLS-2001)

16

0006

CONTAINER LID STERILIZATION FOR CTM-KLS-2001 BIEN AIR MOTOR AND HAND PIECE SIZE 25X20 CM (CTM-KLS-2001-105)

16

0007

Shipping Charges

1

SALIENT CHARACTERISTICS

Oral Surgical Handpieces

Lexington Kentucky

The Dental Service at the Lexington VA Medical Center needs Dental Oral Surgical drills due to a high number of burn incidents experienced while using the current Surgical Drill System. The Salient Characteristics desired for the procurement are listed below:

Salient Characteristics:

Limited number of reports to MAUDE for patient or provider burns

Limited number of reports to MAUDE for bur breakage

Must be electric driven.

Must be able to use NON-PROPRIETARY burs.

Must have Max torque 70 Ncm or greater.

Max RPM at or above 80 K (1:2) or 2000 max (20:1). A lot of weight will be applied to this salient characteristic, as RPM directly impacts the ability of a handpiece to not bog down while sectioning impacted third molars.

Must NOT rely on 5 or 6 pin connection to a dental chair. We do not have dental chairs with those connections in the Oral Surgical Suites.

Control unit must be stand-alone unit.

System must be foot controlled.

System must provide irrigation.

System must NOT have mandatory maintenance program.

Must provide 3-year warranty on new console

Must provide 2-year warranty on handpiece / motor.

Must provide loaner equipment (console / motor / handpiece) if equipment requires repairs.

Repaired equipment shall include a one-year warranty from date of repair.

Software must be upgradable.

Software must not run off iPad.

Must have LED light available for Contra-angle.

Must have cooling system for handpiece motor.

Motors and handpieces must be autoclavable.

End of Salient Characteristics

The desired ultimate completion date for this purchase is 09/30/2021, assuming the contract is awarded no later than 08/27/2021. If you cannot meet this time frame, please propose an alternative lead time on the quote.

ALL DELIVERIES WILL BE MADE FOB DESTINATION. Award will be made in the aggregate, all or none.

DELIVERY WILL BE MADE TO:

Place of Performance/Place of Delivery

Lexington VA Medical Center

1101 Veterans Drive

Lexington, KY 40502

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

FAR 52.212-1, Instructions to Offerors Commercial Items

FAR 52.212-3, Offerors Representations and Certifications Commercial Items

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.

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

FAR 52.212-1 INSTRUCTIONS TO QUOTERS COMMERCIAL ITEMS

North American Industry Classification System (NAICS) code and small business size standard are stated in the combined synopsis/solicitation.

Submission of quotations:

Offers may be submitted through electronic mail. Submit signed and dated offer at or before 1:00 PM CST, August 23rd, 2021. Questions are due no later than 1:00 PM CST, August 19th, 2021. To send offers via electronic mail all documents must be scanned in .pdf (Acrobat) format and emailed to jennifer.harper2@va.gov.

Quotations must include as a minimum:

a) company contact information

b) price breakout for the requested line items

c) CAGE Code and Duns Number

d) a completed FAR provision 52.212-3, Representation and Certification with a copy of a verification of registration with the System for Awards Management (http://sam.gov/SAM/),

e) lead time

f) shipping FOB destination must be included and

g) any other information relevant to the proposal

No telephonic responses will be processed. The Government reserves the right to make award on the initial quote without discussions.

Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 45 calendar days from the date specified for receipt of offers.

Paragraph (f)(1), entitled Late submissions, modifications, revisions, and withdrawals of offers : NCO 9 is in the Central Standard Time Zone.

52.252-1 SOLICITATION PROVISIONS INCLUDED BY REFERENCE FEB 1998

http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

IAW FAR 4.1105(a)(1)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

IAW FAR 4.1804(a)

52.211-6 BRAND NAME OR EQUAL AUG 1999

IAW FAR 11.107(a)

52.212-2 EVALUATION-COMMERCIAL ITEMS OCT 2014

IAW FAR 12.301(c)

Addendum to 52-212-2 EVALUATION-SIMPLIFIED ACQUISITION PROCEDURES

Basis for award. The Government will issue a purchase order to the responsible vendor whose quotation conforming to the solicitation will be most valuable to the Government, price and other factors considered.

Evaluation Approach. IAW FAR 13.106-2(b)(3),the government will evaluate information based on the COMPARATIVE EVALUATION process, by comparing one quotation with another in a uniform and fair manner to determine which quote provides the government what it needs, where and when as identified herein. Once one quote has been determined better overall using rationale supporting the better than decision on a factor by factor basis. The better than quote will then be compared against the remaining quotes in a successive manner until an overall best quote is chosen. The evaluation will consider the following:

Technical- The physical/functional (salient) characteristics associated with the criteria outlined in this document will be used as criteria to determine technical acceptability. Vendors shall include descriptive detail and provide product literature that demonstrates product equality along with the quote. The government will only consider information that is provided with the quotes. Any vendor that fails to provide satisfactory technical detail regarding proposed products runs the risk of having their quote rejected as nonresponsive to the solicitation.

Past Performance-A past performance evaluation will assess the relative risks associated with a vendor s likelihood of success in fulfilling the solicited requirement as indicated by the vendor s record of past performance. The past performance evaluation will be based on the contracting officer s knowledge of and previous experience with the supply being acquired and a review of the Contractor Performance Assessment Reporting (CPARS) and/or other available information.

Price-The government will evaluate price by adding the total of all line item prices which will become the Total Evaluated Price. Vendors shall provide the unit price and extended price for each item.

Please send any responses to jennifer.harper2@va.gov . Contractors shall submit the following with their quotes: written acknowledgement of any and all amendments to this solicitation. Offers not meeting the requirements as set forth by this RFQ may not be evaluated for award. No verbal quotes and /or offers will be accepted. All responsible sources may submit a quote which will be considered by the agency, NO LATER THAN 1:00 PM CST, August 23rd, 2021. Questions are due no later than 1:00 PM CST, August 19th, 2021. .

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEM

Nov 2020 IAW FAR 12.301(b)(2)

The following contract clauses apply to this acquisition:

FAR 52.212-4, Contract Terms and Conditions Commercial Items October 2018.

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders July 2021.

The following subparagraphs of FAR 52.212-5 are applicable:

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law of Executive orders applicable to acquisitions of commercial items: 52.204-13, 52.204-18, 52.219-33, 52.222-19, and 52.232-40.

52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

52.204-13 SYSTEM FOR AWARD MANAGMENET MAINTENANCE OCT 2018

IAW FAR 4.1105(b)

52.204-18 COMMERCIAL AND GOVERNEMENT ENTITY CODE MAINTENANCE AUG 2020

IAW FAR 4.1804(C)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS DEC 2013

SUBCONTRACTORS

IAW FAR 32.009-2

852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION APRIL 2020

OF COMMERCIAL ITEMS

As prescribed in 812.301(f)(1), insert the following clause to indicate provisions and clauses applicable to this acquisition:

PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

_X__Â 852.203-70, Commercial Advertising.

___Â 852.209-70, Organizational Conflicts of Interest.

___Â 852.211-70, Equipment Operation and Maintenance Manuals.

___Â 852.214-71, Restrictions on Alternate Item(s).

___Â 852.214-72, Alternate Item(s). [Note: this is a fillable clause.]

___Â 852.214-73, Alternate Packaging and Packing.

___Â 852.214-74, Marking of Bid Samples.

___Â 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

___Â 852.215-71, Evaluation Factor Commitments.Â

___Â 852.216-71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

___Â 852.216-72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

___Â 852.216-73, Economic Price Adjustment State Nursing Home Care for Veterans.

___Â 852.216-74, Economic Price Adjustment Medicaid Labor Rates.

___Â 852.216-75, Economic Price Adjustment Fuel Surcharge.

___Â 852.219-9, VA Small Business Subcontracting Plan Minimum Requirements.

___Â 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

___Â 852.219-11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

___Â 852.222-70, Contract Work Hours and Safety Standards Nursing Home Care for Veterans.

___Â 852.228-70, Bond Premium Adjustment.

___Â 852.228-71, Indemnification and Insurance.

___Â 852.228-72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

_X__Â 852.232-72, Electronic Submission of Payment Requests.

___Â 852.233-70, Protest Content/Alternative Dispute Resolution.

___Â 852.233-71, Alternate Protest Procedure.

___Â 852.237-70, Indemnification and Medical Liability Insurance.

_X__Â 852.246-71, Rejected Goods.

___Â 852.246-72, Frozen Processed Foods.

___Â 852.246-73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

___Â 852.270-1, Representatives of Contracting Officers.

___Â 852.271-72, Time Spent by Counselee in Counseling Process.

___Â 852.271-73, Use and Publication of Counseling Results.

___Â 852.271-74, Inspection.

___Â 852.271-75, Extension of Contract Period.

___Â 852.273-70, Late Offers.

___Â 852.273-71, Alternative Negotiation Techniques.

___Â 852.273-72, Alternative Evaluation.

___Â 852.273-73, Evaluation Health-Care Resources.

_X__Â 852.273-74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

___Â 852.237-74, Nondiscrimination in Service Delivery.

852.212-71 Gray Market Items

As prescribed in 812.301(f)(2), insert the following provision in solicitations and contracts for new medical equipment:

GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. 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 equipment only for VA medical facilities.

(b) 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)

[Deviation per Class Deviation from VAAR Parts 802, 812, and 852 Regarding Gray Market and Counterfeit Medical and Information Technology Items, dated March 26, 2020, revises VAAR 802.101 to add the definition for gray market items. This deviation expires once incorporated in the VAAR or the VA Acquisition Manual (VAAM) or is otherwise rescinded.]

852.212-72Â Gray Market and Counterfeit Items.

As prescribed in 812.301(g), insert the following clause in solicitations and contracts for new medical and information technology equipment:

GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020) (DEVIATION)

(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 or by an intermediary distributor authorized by the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

All quotes shall be sent to:

Email all correspondences to Jennifer Harper at Jennifer.Harper2@va.gov

The award will be made to the response most advantageous to the Government.

Responses should contain your best terms, conditions.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Point of Contact:

Department of Veterans Affairs

Network Contracting Office (NCO) 9

ATTN: Jennifer Harper

1639 Medical Center Parkway, Suite 400

Murfreesboro, TN 37129