Weight Scales IDIQ Amendment to adjust ceiling amount and extend response date

Added: Dec 06, 2017 1:14 pm Modified: Jan 04, 2018 4:47 pmTrack Changes 36C79118R0001 Amendment 4

The purpose of this Amendment is to make 2 corrections to the solicitation.

1) The numbering of the clauses has been corrected to add an omitted number, C.3. Previously the numbering went from C.2 to C.4. Numbers now range from C.1 to C.17 with no omitted numbers.

2) C.6 52.217-9 Option to Extend the Term of the Contract stated The Government may extend the term of this contract by written notice to the Contractor within 10 days. 10 days has been changed to 60 days.

Added: Dec 06, 2017 1:14 pm Modified: Jan 04, 2018 8:25 amTrack Changes 36C79118R0001 Amendment 3

The purpose of this Amendment is to post questions and answers regarding the solicitation that are related to items that may affect an interested party s ability to submit a proposal.

1.

Q: Does your estimated value of this solicitation, based upon previous sales history, exceed the Simplified Acquisition threshold?

A: Yes

2.

Q: What is the estimated value of this solicitation?

A: The estimated value for this procurement is $13,178,518.99

3.

Q: would you consider requesting a one-time waiver of the nonmanufacturing rule for this solicitation from SBA?

A: We are not requesting a one-time waiver of the nonmanufacturing rule at this time.

4.

Q: If the value of this solicitation does not exceed the Simplified Acquisition threshold, will you reissue this solicitation as a small business set aside?

A: N/A, the estimated value exceeds the Simplified Acquisition Threshold. This solicitation is full and open and will remain full and open.

5.

Q: Q: Can you please specify which mfg you are looking to have quoted? Also, do you have item numbers?

A: The solicitation is not brand name specific. The offered products need only be TAA compliant. I do not have item numbers as we are not looking for specific manufacturers for these products. Please see the solicitation for product specifications.

6.

Q: Does your estimated value of this solicitation, based upon previous sales history, exceed the Simplified Acquisition threshold?

A: Yes

7.

Q: What is the estimated value of this solicitation?

A: The estimated value for this procurement is $13,178,518.99

8.

Q: Would you consider requesting a one-time waiver of the nonmanufacturing rule for this solicitation from SBA?

A: We are not requesting a one-time waiver of the nonmanufacturing rule at this time.

9.

Q: If the value of this solicitation does not exceed the Simplified Acquisition threshold, will you reissue this solicitation as a small business set aside?

A: N/A, the estimated value exceeds the Simplified Acquisition Threshold. This solicitation is full and open and will remain full and open.

10.

Q: Is the United Kingdom a TAA compliant country?

A: Below is a link to a list of TAA compliant countries. United Kingdom is a TAA compliant country.

http://gsa.federalschedules.com/resources/taa-designated-countries/

11.

Q: I would like to verify your preferred delivery method for the weight scale contract? Would you prefer both an email and a hard copy(s) be FedEx?

A: One method of delivery is fine but you can submit your proposal with more than one method if you would like. I would prefer e-mail but you are free to submit your proposal via any method you would prefer.

Added: Dec 06, 2017 1:14 pm Modified: Dec 08, 2017 12:47 pmTrack Changes 36C79118R0001 Amendment 2

The purpose of this Amendment is to correct verbiage in the solicitation on page 8, correct a misstated dollar value on page 12, to list questions and answers regarding the solicitation, and to provide an explanation to the most frequently asked question of why this procurement has not been set aside.

On page 8 the title is listed as Section B Continuation of SF 1449 Blocks. This is a combined synopsis/solicitation therefore, does not require an SF 1149 and does not include an SF 1449. The title should read Section B only. Per this Amendment the title on page 8 will be known as Section B.

On page 12, B.3 Guaranteed Minimum states, In the event that the minimum is not ordered, by the expiration date of the contract, the Government will pay (upon request) the difference between the amount ordered and $1,000. The dollar amount should read $5,000 dollars. The guaranteed minimum for each line item is $5,000. Per this Amendment the sentence shall read as follows: In the event that the minimum is not ordered by the expiration date of the contract, the Government will pay (upon request) the difference between the amount ordered and $5,000.

Several questions have been received from interested parties regarding this solicitation. The questions that have been received as well as the answers given to those questions are listed below.

Questions and Answers 36C79118R0001 Weight Scales

1.

Q: We are a certified SDVOSB and have the capability to fill this requirement. Does this mean it becomes an SDVOSB set aside? (See below)

A: This procurement is full and open and will remain full and open. Market research has concluded that the types of weight scales we require are not end products manufactured by two or more domestic small businesses. Please feel free to submit a proposal. (See below)

2.

Q: Would you consider a Small Business Set Aside? We have supplied scales to you in the past and I know there are numerous small business[es] that can supply these scales both FSS and Open Market.

A: This procurement is full and open and will remain full and open. Market research has concluded that the types of weight scales we require are not end products manufactured by two or more domestic small businesses. Please feel free to submit a proposal. (See below)

3.

Q: Do you have any preferred brands or models? We distribute for NDC/Medplus and Medline. We have several brands and models available.

A: All products proposed must be TAA compliant. There is no brand preference.

4.

Q: I thought the Supreme Court decision was based on if an SDVOSB was capable of procuring them? The whole point of their decision was that big companies were squeezing out the small businesses like mine despite the VA guidelines. The ruling was to prevent this and help SDVOSBs, wasn't it?

A: Please see solicitation Amendment 2 on FedBizOpps for the answer to this question. (See below)



5.

Q: If I am reading this correctly, which I hope I am, this is not a SDVOSB/VOSB set aside. It s just a small business set aside? I actually hope it s just a SB set aside - is that correct?

A: This procurement is full and open. (See below)

6.

Q: Regarding the subject RFQ; in multiple places within the solicitation it mentions a due date of 11/17/2017 (which doesn t make sense since it wasn t even posted until yesterday (12/06/2017), but the FBO front page shows a due date of 12/06/2017 (which is yesterday and the same day it was posted), so I m just trying to confirm what the actual due date is, and if we can still submit a quote as a SDVOSB?

A: I need to do an Amendment to fix the due date in the solicitation. You said there are multiple places but I only found one where it says 11-17 (page 5 under number 14) so if you could tell me where the other places are I can use that for the Amendment. The FBO front page from what I am seeing lists the response date as January 8, 2018 both on the website and in the attached document. If you could point out where you see a different date that would be helpful as well. The response due date is January 8, 2018.Businesses concerns of any size are welcome to submit proposals. (An Amendment was posted to correct the response date stated in item 14)

7.

Q: What is the time it s due by, please?

A: Proposals are due by 11:59pm MST. *(Please note that the date of January 8, 2018 was clarified in a previous question with this same interested party)

8.

Q: In regard to the solicitation mentioned, did we miss the individual specifications for each of the units, ie - Clin #1 to Clin #8 - in this solicitation? Also, if all or any of these units have been bid in the past two (2) years, may we request the most recent purchase information, ie - unit price, fob point, delivery ARO, any special payment terms, etc? (Company Name) is a SMALL BUSINESS, in continuous business for over 50 years without the assistance of any special government consideration financially and not classified as 8a, women owned. Would you consider labeling this buy as a SMALL BUSINESS set aside - please?

A: Interested party answered the first part of the question in a separate communication. (Upon further review of the paperwork, we found the specifications on pages #10 and #11 of the 79 page solicitation)

--Thank you for letting me know that you found the specifications for the CLINs in the solicitation attached to the FBO announcement.

In the past the scales that have been purchased were purchased as open market one-time buys. Those were FOB destination, delivery within 10 days ARO, and payment through Tungsten. We do not have previous history for the scales we are procuring now as described in 36C79118R0001 as this is a new procurement with new specifications.

This solicitation is for a 5 year IDIQ contract. It is not a one-time buy. This solicitation is full and open and will not be reclassified as a small business set-aside. Please see solicitation Addendum 2 on FedBizOpps for an explanation of why this procurement is full and open. (See below)

9.

Q: Can you confirm that Solicitation 36C79118R0001 is an active solicitation? I m asking the questions because we became aware of the solicitation via one of our bid services . When I look for the solicitation on FBO, I can t find it.



A: 36C79118R0001 is an active solicitation. Please use the link below to access the solicitation.

https://www.fbo.gov/index?s=opportunity&mode=form&id=cfabe078695a8ee2e08b85c315a3c91d&tab=core&_cview=0



The most frequently asked question regarding this solicitation (in various forms) is regarding why this procurement is not a small business set aside. Please see the information below regarding why this procurement has not been set aside.



Regarding Socioeconomic Set-Asides



In a June 16, 2016 opinion, a unanimous Supreme Court held that small business contracting set-asides imposed by the Veterans Benefits, Health Care, and Information Technology Act of 2006 (the 2006 Act, codified at 38 U.S.C. § 8127) are mandatory, apply even when the VA has already met its annual small business contracting goals, and extend to Federal Supply Schedule (FSS) purchase orders. See Kingdomware Techs. v. United States, No. 14-916, 597 U.S. ___ (June 16, 2016). 38 U.S.C. § 8127 (d) USE OF RESTRICTED COMPETITION states contracting officer of the Department shall award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans if the contracting officer has a reasonable expectation that two or more small business concerns owned and controlled by veterans will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States.

13 CFR 121.606 How does a small business concern qualify to provide manufactured products or other supply items under a small business set-aside, service disabled veteran owned small business, HUBZone, WOSB, or EDWOSB, or 8(a) contract?

(a)General. In order to qualify as a small business concern for a small business set-aside, service-disabled veteran-owned small business set-aside or source contract, HUBZone set-aside or sole source contract, WOSB or EDWOSB set-aside or sole source contract, 8(a) set-aside or sole source contract, partial set-aside, or set aside of an order against a multiple award contract to provided manufactured products or other supply items, an offeror must either:



(1) Be the manufacturer or producer of the end item being procured (and the end item must be manufactured or produced in the United States); or

(2) Comply with the requirements of paragraph (b), (c) or (d) of this section as a nonmanufacturer, a kit assembler or a supplier under Simplified Acquisition Procedures.

(b)Nonmanufacturers.

(1) A firm may qualify as a small business concern for a requirement to provide manufactured products or other supply items as a nonmanufacturer if it:

(i) Does not exceed 500 employees;

(ii) Is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied;

(iii) Takes ownership or possession of the item(s) with its personnel, equipment or facilities in a manner consistent with industry practice; and

(iv) Will supply the end item of a small business manufacturer, processor or producer made in the United States, or obtains a waiver of such requirement pursuant to paragraph (b)(5) of this section.

Based on our Market Research, there are not two or more known SDVOSBs that can furnish the end product of two independent domestic small business manufactures.

Added: Dec 06, 2017 1:14 pm Modified: Dec 07, 2017 9:11 amTrack Changes 36C79118R0001 Amendment 1

The purpose of this Amendment is to correct an erroneous response date listed in the solicitation and on the FedBizOpps (FBO) synopsis under item number fourteen (14). In the solicitation on page five (5), item number fourteen (14) the response date is listed as November 17, 2017. The correct response date is January 8, 2018. In the synopsis on FBO under item fourteen (14) the response date is listed as November 17, 2017. The correct response date is January 8, 2018.

This Amendment serves as a correction and clarification that the only correct response date is January 8, 2018. All proposals are due by 11:59pm Mountain Standard Time (MST) on January 8, 2018. January 8, 2018 is the correct and only response due date.

Added: Dec 06, 2017 1:14 pm This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Proposal (RFP) from the Department of Veterans Affairs, Commodities & Services Acquisition Service (CSAS). It is numbered 36C79118R0001.



The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 effective 19 Jan 2017.



This procurement is unrestricted. All responsible sources may submit an offer.



NAICS Code: 339112

Small Business Size Standard: 1,000 employees



CLINs requested are as listed below:



CLIN1: Standard Floor Scale, approx. 6000 each per year

CLIN 2: Standard Bluetooth Floor Scale, approx. 6000 each per year

CLIN 3: Wide Base Floor Scale, approx. 6000 each per year

CLIN 4: Wide Base Bluetooth Floor Scale, approx. 4800 each per year

CLIN 5: Bariatric Floor Scale, approx. 360 each per year

CLIN 6: Bariatric Bluetooth Floor Scale, approx. 360 each per year

CLIN 7: Smart Floor Scale, approx. 6000 each per year

CLIN 8: Smart Bluetooth Floor Scale, approx. 6000 each per year



Description of requirements: Floor scales for Veterans enrolled in the VA Home Telehealth and VA Video Connect programs to use in their homes to monitor body weight. The specifications for each scale are listed in section B.3 - Minimum Technical Requirements. Salient characteristics required for each type of scale for each contract line item (CLIN) are listed.



Date(s) and place(s) of delivery and acceptance and FOB point:



DELIVERY INFORMATION



Delivery schedule: 10 days after receipt of order (ARO). F.O.B. DESTINATION unless otherwise specified.



Delivery Address: The Department of Veterans Affairs

Denver Logistics Center (DLC)

Golden, CO 80401



Mark for: Warehouse - Armando Encinias



SHIPPING REQUIREMENTS

The commercially accepted shipping containers must be clearly marked to indicate the contractor s name and the following:

Name and complete address of the contractor

VA Purchase Order Number

If Mark for: information is specified, then this information MUST appear on all

containers.

Scan Capable Serial number label on outside of packaging for each unit (scale) included in an order.

A commercial packing list, including the description of material shipped, name of item, item number, quantity, number of containers, and package number (if any), should be included.

If more than one order is shipped per container, each order shall be packed in a separate container or package and must contain an individual packing list, as specified above, for that order.

The provision at 52.212-1, Instructions to Offerors Commercial, applies to this acquisition and the following addenda apply:



ADDENDA TO 52.212-1:



Offers may be submitted via e-mail to josephine.helms@va.gov, or fax to (303)914-5420.

Products samples are not required but may be requested by the Contracting Officer.



Multiple offers will be accepted. Offers for different manufacturers are considered multiple offers.



8. The provision at 52.212-2, Evaluation Commercial Items, will be used for this procurement. The following addenda to this provision are applicable:



ADDENDA TO 52.212-2: All awards made as a result of this Solicitation will be made on a Lowest Price Technically Acceptable basis. One award will be made per contract line item for a base year and four option years. Proposals may be submitted for one contract line item or multiple contract line items.



The Government shall perform a Technical Evaluation of the descriptive literature, and performance specifications to determine whether the offered items meet the solicitation s product description and minimum technical requirements. This evaluation will result in a determination that the offered items are Technically Acceptable or Technically Unacceptable. All Offered products that fail to provide sufficient evidence of compliance with the minimum technical requirements will receive no further consideration.



9. Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications Commercial Items, with its offer. Offers that do not include a completed copy of the provision 52.212-3 may be considered unresponsive and excluded from consideration.

10. Clause at 52.212-4, Contract Terms and Conditions Commercial Items, applies to this acquisition. The following addenda are applicable to the clause:

ADDENDA TO CLAUSE 52.212-4:



CONTRACTOR REMITTANCE ADDRESS



All payments by the Government to the contractor will be made in accordance with:



52.232-34, Payment by Electronic Funds Transfer -Other than Central Contractor Registration.



ADDENDA TO CLAUSE 52.212-4:



CONTRACT PAYMENT



Method of payment for goods ordered under this contract will be made by Electronic Funds Transfer (EFT). Please complete the following:





If awarded a contract, you must be registered to receive payments electronically.



ADDENDA TO CLAUSE 52.212-4:



INVOICE PROCEDURES



All invoices from the Contractor must be submitted through Tungsten, a third party contractor for the FSC e-Invoice Program through the VA FSC portal:



http://www.tungsten-network.com/US/en/veterans-affairs/



VA FSC

P.O. Box 149971

Austin, TX 78714



FSC e-Invoice contact information - 1-877-353-9791



Invoices submitted for payment will be completed in accordance with FAR 52.212-4(g).



Invoices will be submitted in arrears as products are shipped.

Detailed instructions for invoice submission will be provided to awardee(s).





11. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Items, applies to this acquisition to include:



52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

ADDENDA TO CLAUSE 52.212-5:



The following clauses are applicable to this solicitation:



52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).



52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109 282) (31 U.S.C. 6101 note).



52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).



52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).



52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).



52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).



52.219-16, Liquidated Damages Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).



52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).



52.222-3, Convict Labor (June 2003) (E.O. 11755).



52.222 19, Child Labor Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126).



52.222-21, Prohibition of Segregated Facilities (APR 2015).



52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246).



52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).



52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).



52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).



52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.225 5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

12. The following additional contract requirement(s) or terms and conditions are determined by the contracting officer to be necessary for this acquisition and are consistent with customary commercial practices.

The contractor must contact the Contracting Officer on all matters pertaining to administration. Only the Contracting Officer is authorized to make commitments or issue changes that will affect the price, quantity or delivery terms of the contract.

13. The Defense Priorities and Allocations System (DPAS) is not applicable to this solicitation. There is no DPAS rating.

14. Offers are due via e-mail, fax, or delivery on 17 November 2017, at 11:59 PM Mountain Standard Time (MST).

Offers must be submitted to one of the following:



Regular Mail:

Department of Veterans Affairs

Commodities & Services Acquisition Service

Attn: Josephine Helms

PO Box 25166

Denver, CO 80225-0166



UPS, FEDEX, Overnight, Courier, Hand Carried:

Department of Veterans Affairs

Commodities & Services Acquisition Service

Attn: Josephine Helms

555 Corporate Circle

Golden, CO 80401



E-mail:

Josephine Helms, Josephine.helms@va.gov

15. Contact information regarding the solicitation is:

GOVERNMENT POINT OF CONTACT:

Agency: Department of Veterans Affairs

Commodities & Services Acquisition Service (CSAS)

Address: P.O. Box 25166

Denver, CO 80225-0166



Overnight 555 Corporate Circle

Address: Golden, CO 80401



Primary Name: Josephine Helms

Title: Contract Specialist

E-Mail Address: josephine.helms@va.gov

Phone No. (303) 273-6227 Fax No.: (303)-215-9140



Secondary Name: Kyle Shaffer

Title: Contracting Officer

E-Mail Address: kyle.shaffer@va.gov

Phone No. (303) 273-6222 Fax No.: (303)-215-9140



*See attachment for full combined synopsis/solicitation