6540--NX EQ Manual Refractors (VA-22-00029034)

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers 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:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

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

offer submitted; or (c) By separate letter or electronic communication 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

is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not,

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.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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 letter

or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to

the opening hour and date specified.

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

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

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

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print)

(Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign)

(Signature of Contracting Officer)

3

4

0001

06/21/2022

36C10G

U.S. Department of Veterans Affairs

OPAL | Strategic Acquisition Center

10300 Spotsylvania Ave | STE 400

Fredericksburg VA 22408-2697

36C10G

U.S. Department of Veterans Affairs

OPAL | Strategic Acquisition Center

10300 Spotsylvania Ave | STE 400

Fredericksburg VA 22408-2697

To all Offerors/Bidders

36C10G22Q0100

06-21-2022

X

X

1

See CONTINUATION Page

X

1

The purpose of this solicitation amendment is to provide the Government s responses to questions received from industry

as a result of solicitation # 36C10G22Q0100 for NX EQ Manual Refractors. All other terms and conditions remain the same.

Please see Government responses on the Continuation Page.

David Barber

Contracting Officer

VA-OPAL-SAC-2022-166958

QUESTIONS & ANSWERS RFQ 36C10G22Q0100 NX EQ MANUAL REFRACTORS

Question 1. Just curious when the VA decided not to utilize the VOBs and SDVOSB's for these contract opportunities? ABMS has been an authorized distributor for Reichert and many other ophthalmic manufacturers for years, in fact, we currently hold a SAC (NXEQ) contract for Reichert Equipment. I will appreciate an answer to this. You have eliminated these socio economic groups from competition by allowing manufacturers to compete. I might add they do not install, train, or perform any warranty work on their equipment. ABMS and others do all of that for the VA. You may get the equipment a few dollars cheaper, but the problems created will be much more expensive.

Answer:

NAICS Code 339112 does not have a class Non-Manufacturer Waiver found on NMR Class Waiver Database October 1, 2020 (sba.gov). FAR 19.505(c)(4)(B) is clear that a Contracting Officer may request an Individual Waiver but is not required. The VAAR describes the process for obtaining an Individual Waiver, but remains silent on requirement to do so. Additionally, the Government Accountability Office opined in Manus Medical, B-412331 (January 21, 2016), the VA is not obligated to seek a Non-Manufacturer Waiver and the determination to seek the waiver is discretionary. As such, the Contracting Officer has made the determination not to request an Individual Non-Manufacturer Rule Waiver for this requirement.

Based on the research conducted there is not anticipation of competition among small business or other socio-economic concerns that manufacture the Phoropters that meet or exceed the Manual Refractors requirement.

Solicitation Number: 36C10G22Q0100

Notice Type: Combined Synopsis/Solicitation

Synopsis: COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for brand name or equal 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 will not be issued.

Solicitation number 36C10G22Q0100 is issued for this combined synopsis/solicitation; this solicitation is being issued as a Request for Quote (RFQ). This combined synopsis/solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-06, dated 26 April 2022.

Requirement Description:

VA has a requirement to purchase manual refractors to deliver patient care at its VA Medical Centers around the country. Manual refractors are designed to measure the refractive error of the eye by changing a set of different lenses mounted in the devices and other settings (also known as phoropters) and require the examinee's responses by choosing which lenses make the vision better. Manual refractors contain a variety of lenses, and they require the operator to manually change lenses until the patient s vision is clear. Manual refractors usually consist of a refraction unit including a set of calibrated (i.e., containing a number of plus and minus sphere and cylinder graduations) lenses, a cross-cylinder, a pupillary distance setting, prisms, lens controls, and an external eye chart. In addition, manual refractors are phoropters that are generally attached to a stand that also includes a slit lamp. Manual refractors measure sphere power and cylinder power and axis, accommodation, convergence, and binocular balancing of the eyes. These are used mainly to establish eyeglass prescription.

A single award Requirements contract will be awarded IAW FAR 52.211-6 Brand Name or Equal in accordance with all terms, conditions, provisions, specifications, and schedule of this solicitation herein. Quotes shall contain the terms for cost/price and technical capabilities of the brand name or equal equipment. The Government reserves the right to award without discussions.

The associated North American Industrial Classification System (NAICS) code for this procurement is 339112 Surgical Appliance and Supplies Manufacturing, Product Service Code: 6540 Ophthalmic Instruments, Equipment, And Supplies and the associated size standard is 1000 employees. This procurement action is issued as full and open competition.

This acquisition is for a single award Requirements contract in accordance with FAR Part 16.5 Reichert® brand name or equal manual refractors and related equipment and accessories as identified in ATTACHMENT A PRICE COST SCHEDULE - NX EQ MANUAL REFRACTORS. All interested companies shall provide a quote for all Contract Line-Item Numbers (CLINs) listed in ATTACHMENT A PRICE COST SCHEDULE NX EQ MANUAL REFRACTORS.

The ordering period is for one 12-month base year with four 12-month option years. Delivery is FOB destination. Firm-Fixed Price Orders will be placed against this contract in writing and will provide the delivery locations, delivery dates and exact quantities.

The FAR provision at 52.212-1, Instructions to Offerors Commercial, applies to this acquisition including attached addenda to the provision.

The FAR provision at 52.212-2, Evaluation -- Commercial Items, and the specific evaluation criteria as attached addenda also applies to this acquisition

The Offeror is to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer.

Clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and a statement regarding any addenda to the clause. Addendum is attached.

Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition. Addendum is attached.

All interested quoters must be registered in the System for Award Management (SAM) prior to submitting a quote. You may access SAM at https://sam.gov/SAM/.

Questions regarding this combined synopsis/solicitation are due via email by 11:59PM EST on June 17, 2022, to Contract Specialist, David Daniel at David.Daniel1@va.gov and Contracting Officer, David Barber at David.Barber@va.gov. No calls will be accepted.

Quotes are due via email by 11:59PM EST on July 7, 2022, to Contract Specialist, David Daniel at David.Daniel1@va.gov and Contracting Officer, David Barber at David.Barber@va.gov.

1. BACKGROUND:

The Veterans Health Administration (VHA) Non-Expendable Equipment National Program has identified the manual refractors product line as a candidate for a VA-wide (otherwise referred to as national ) single Requirements contract.

Manual refractors are designed to measure the refractive error of the eye by changing a set of different lenses mounted in the devices and other settings (also known as phoropters) and require the examinee's responses by choosing which lenses make the vision better. Manual refractors contain a variety of lenses, and they require the operator to manually change lenses until the patient s vision is clear. Manual refractors usually consist of a refraction unit including a set of calibrated (i.e., containing a number of plus and minus sphere and cylinder graduations) lenses, a cross-cylinder, a pupillary distance setting, prisms, lens controls, and an external eye chart. In addition, manual refractors are phoropters that are generally attached to a stand that also includes a slit lamp. Manual refractors measure sphere power and cylinder power and axis, accommodation, convergence, and binocular balancing of the eyes. These are used mainly to establish eyeglass prescription.

The Contractor must demonstrate the ability to meet all requirements for the solicitation. The objective is to provide manual refractors be used by clinicians throughout the VA medical centers and facilities. The period of performance is for a base of 12-months with four 12-month option periods.

2. REQUIREMENT

This requirement will be IAW FAR clause 52.211-6, Brand Name or Equal which requires the offeror indicate that each product being offered as an equal product to the Reichert® manual refractors. For each equal product, the offeror must include a description reflecting the salient characteristics (SC) and level of quality that will satisfy the salient physical, functional, or performance characteristics of the equal product(s) specified in the solicitation. The offeror must also clearly identify the item by brand name (if any) and make/model number. Finally, the offeror must include descriptive literature, such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer, and clearly describe any modifications it plans to make to a product to make it conform to the solicitation requirements.

Contract Line Items

Manufacture

Part Number

Description

0001

Reichert

11625B

Ultramatic Rx Master Phoroptor - Minus Cylinder

0002

Reichert

11635B

Ultramatic Rx Master Phoroptor - Plus Cylinder

0003

Reichert

11636

Ultramatic Rx Master Illuminated Phoroptor - Minus Cylinder

0004

Reichert

11637

Ultramatic Rx Master Illuminated Phoroptor - Plus Cylinder

The Department of Veterans Affairs (VA) is seeking vendors who can provide Reichert® manual refractors as listed above or equal commodities which meet all of the following salient characteristics. Vendors may quote any product solution or configuration so long as they meet the salient characteristics. Vendors are asked to quote any additional product that may be beneficial. These items must be captured in the vendors pricing volume.

SC #

SALIENT CHARACTERISTICS

METHOD OF EVALUATION

PAGE # WHERE SC IS FOUND IN TECHNICAL LITERATURE

SC 1

Refracting instrument package to include Plus (+0.12D and +2.00D) and Minus (-0.12D and -2.00D) phoroptors, face shields, nearpoint card and card holder, dust cover and power cord

Literature Review

SC 2

Instrument must have energy-efficient LED lighted dials

Literature Review