June 14, 2021
Current Response Date:
June 23, 2021 at 3:00 p.m. (EST)
Product or Service Code:
6515 | Medical Equipment and Accessories and Supplies
Set Aside (SDVOSB/VOSB):
ORIGINAL EQUIPMENT MANFACTURER (OEM) AUTHORIZED SDVOSB Distributors
339112 | Surgical and Medical Instrument Manufacturing
Contracting Office Address
Network Contracting Office 7
325 Folly Rd
Charleston SC 29412
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 a BRAND NAME ONLY RFQ for (OEM) Authorized SDVOSB Distributors. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05 effective March 10, 2021.
The associated North American Industrial Classification System (NAICS) code for this procurement is 339112 | Surgical and Medical Instrument Manufacturing, with a small business size standard of 1,000 employees.
The FSC/PSC is 6515- Medical Equipment and Accessories and Supplies.
The Ralph H. Johnson VA Medical Center is seeking to purchase SpaceLabs Brand Bedside Central Patient monitoring stations to be used in the Emergency Dept.
All interested companies shall provide quotations for the following:
PLEASE SEE ATTACHED EXCEL SPREADSHEET FOR ITEMS LIST
Place of Performance/Place of Delivery
Charleston VA Medical Center
Ralph H. Johnson VA Medical Center
109 Bee Street
Charleston, SC 29401
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 (JUNE 2020)
FAR 52.212-3, Offerors Representations and Certifications Commercial Items (OCT 2014)
FAR 52.204-7 System for Award Management (OCT 2018)
FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)
FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018)
FAR 52.217-5 Evaluation of Options (JUL 1990)
FAR 52.233-2 Service of Protest (SEPT 2006)
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.
The following contract clauses apply to this acquisition:
FAR 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020)
FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)
FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper(MAY 2011)
FAR 52.204-13 System for Award Management Maintenance (OCT 2018)
FAR 52.212-4 Contract Terms and Conditions Commercial Items (Oct 2018)
FAR 52.219-33 Nonmanufacturer Rule (JUN 2020)
52.222-19 Child Labor Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION)
FAR 52.233-2 Service of Protest (SEPT 2006)
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
VAAR 852.212-70 Provisions and Clauses Applicable to VA Acquisition of Commercial Items (APR 2020)
852.203-70 Commercial Advertising.
852.232-72 Electronic Submission of Payment Requests.
852.233-70 Protest Content/Alternative Dispute Resolution.
852.233-71 Alternate Protest Procedure.
852.246-71 Rejected Goods.
852.212-71 Gray Market Items (APR 2020)
852.242-71 Administrative Contracting Officer (OCT 2020)
FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JUL 2020)
The following subparagraphs of FAR 52.212-5 are applicable:
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E. Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78) (19 U.S.C. 3805 note)).
(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 or Executive orders applicable to acquisitions of commercial items:
52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020)
52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020)
52.209-6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)
52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)
52.219-8, Utilization of Small Business Concerns
52.219-28, Post Award Small Business Program Representation (NOV 2020)
52.222-3 Convict Labor (JUN 2003)
52.222-26 Equal Opportunity (SEP 2016)
52.222-35 Equal Opportunity for Veterans (JUN 2020)
52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)
52.222-37 Employment Reports on Veterans (JUN 2020)
52.222-50 Combating Trafficking in Persons (OCT 2020)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)
52.225-1 Buy American–Supplies (JAN 2021)
52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)
52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018)
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records – Negotiation.
The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the dispute s clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause–
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, or the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015)
(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).
(xii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note)
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
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. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show-
The solicitation number;
The time specified in the solicitation for receipt of quotations;
The name, address, and telephone number of the quoter;
A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
Terms of any express warranty;
Price and any discount terms;
Remit to address, if different than mailing address;
A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3( b ) for those representations and certifications that the quoter shall complete electronically);
Acknowledgment of Solicitation Amendments;
Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
If the quotation is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender s request and expense, unless they are destroyed during testing.
Multiple quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.
Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due.
Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.
If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
Issuance of purchase order. Quotations should contain the quoter s best technical and price terms. The Contracting Officer may reject any or all quotations. The Contracting Officer may issue a purchase order to other than the quoter with the lowest priced quotation. After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government s choice before issuing any purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government s choice and will not use the formal source selection procedures described in FAR part 15.
Multiple purchase orders. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.
Availability of requirements documents cited in the solicitation.
(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-
GSA Federal Supply Service Specifications Section
470 East L Enfant Plaza, SW
Washington, DC 20407
Telephone (202) 619-8925
Facsimile (202) 619-8978
If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
Quick Search (http://quicksearch.dla.mil/).
Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-
Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding the Micro-Purchase Threshold (MPT), and quotations of MPT or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation DUNS or DUNS+4 followed by the DUNS or DUNS+4 number that identifies the quoter s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and Bradstreet office.
Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on purchase order(s) resulting from this solicitation from the contracting officer.
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS
Submission of Quotes:
Quotes shall be received on or before the date and time specified in the COMBO. Note: Offers received after the due date and time shall not be considered.
A letter from the Original Equipment Manufacturer (OEM), Space Labs, listing the quoting vendor as an authorized distributor will be required with each submission.
Offerors shall submit their quotes electronically via email to Contract Specialist, Thomas.Nicholls@va.gov by June 23, 2021 at 3:00pm EST.
Questions: Questions shall be submitted to the Contracting Officer in writing via e-mail. Oral questions are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is June 17, 2021 @ 3:00pm EST. Questions received after this date and time may not be answered. Questions will be answered in a formal amendment to the solicitation so all interested parties can see the answers.
Quote Format: The submission should be clearly indexed and logically assembled in order of the evaluation criteria below. All pages of the quote shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer.
Ensure your representations and certifications are complete in the System for Award Management (SAM)( https://www.sam.gov). Otherwise, you will need to fill out solicitation Clause 52.212-3 “Offeror Representation and Certifications -Commercial Items and submit with the quote. Federal Acquisition Regulations require that federal contractors register in the SAM database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their quotation.
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.
Addendum to 52.212-2, Evaluation
Award will be made to the best value, as determined to be the most beneficial to the Government. Please read each section below carefully for the submittals and information required as part of the evaluation. Failure to provide the requested information below shall be considered non-compliant and your quote could be removed from the evaluation process.
Offeror quotes shall be evaluated under FAR Part 13.106-2(b) — Evaluation of Quotations or Offers. Therefore, the Government will not determine a competitive range, conduct discussions with contractors, solicit final revised quotes, and use other techniques associated with FAR Part 15. Comparative evaluations of quotes will be conducted.
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, price and other factors considered. The following factor(s) shall be used to evaluate offers:Ã‚Â
Price (Follow these instructions):
Offeror will complete the Price Schedule, with offerors proposed contract line item prices inserted in appropriate spaces.Ã‚Â Firm, fixed pricing for each line item is required.
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.”
“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
Questions must be submitted NO LATER THAN June 17th, 2021 @ 3:00 P.M. EST. Questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Contract Specialist, Thomas.Nicholls@va.gov. No phone call shall be accepted.