36C25721Q1036 – Combined Synopsis/Solicitation – 6640–Biomerieux Vitek Automated Antimicrobial Susceptibility Testing System

Jun 19, 2021 | SDVOSB Set-Asides

This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR 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.  Solicitation number 36C25720Q1036 is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular. SET-ASIDE:  This requirement is a Service Disable Veteran Owned Small Business and Veteran Owned Small Business Set-Aside, the NAICS is 339112 and the small business size standard is 1000 employees. In order to be eligible an offeror must be small for the applicable NAICS code at the time of the quote submission and at the time of award. Only qualified offerors may submit bids.

Introduction:  A Firm Fixed Price award will be made to the lowest priced quote which conforms to the requirements within this solicitation and represents the best price to the Government.
Instructions to Offerors Evaluation FACTORS For Award

Evaluation Factors for Award

I.          Basis of Award
The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation meets or exceeds the requirement at the lowest price.
The quotes will be evaluated on the basis of the evaluation factors listed below.  The technical area will be evaluated on an “acceptable” or “unacceptable” basis.  Only those contractors determined to be technically acceptable will be evaluated on price. 

DEFINITION
RATING
Passes (or meets) minimum standard requirements
Acceptable
Fails to meet minimum standard requirements
Unacceptable

Statement of Work
Scope of Work: The Research Department located at the Central Texas Veterans Health Care System (CTVHCS), 1901 S. 1st Street, Temple, Texas has requested to purchase an automated antibiotic susceptibility testing platform, Brand Name or Equal – BioMérieux VITEK 2 60 that is capable of accurate microbial identification and antibiotic susceptibility against number of antibiotics.

DESCRIPTION of EQUIPMENT: This requested piece of equipment needs to have all of the following attributes and capabilities:
Offer intuitive, icon drive software in familiar Window format
Offer three-step setup procedure with high level automation
Dilute bacterial inoculum to appropriate concentration
Distribute diluted inoculum across the antibiotic sensitivity testing (AST) card by capillary system
Incubate microorganisms on AST
Offers easy training and implementation
Provide rapid, reliable MIC based on the advanced expert system (AES)
Offer easy graphical representation of phenotype and one click validation
Improve workflow results in time, labor, and money saving
Provide proven identification using the same ID cards
Offers test cards for Gram negative, Gram positive bacteria, anaerobic bacteria, and yeast for identification and Gram negative, Gram positive bacteria and yeast for AST
Test cards is sealed to minimize aerosols, spills, splattering, and personal contamination
Software includes AES for MIC pattern analyze and phenotype detection, OBSERVA as information management system that store data and generate reports, and PC5.01 that allows multiuser remote access and enhance workflow efficiency.
The system provides ability store quality control results and track quality control performance

SHIPPING: Shipping needs to be performed by personnel trained to safely transport sensitive equipment.
Training: Purchase of the equipment needs to include installation of equipment and on-site training with a field application specialist.
SERVICE and WARRANTY: The equipment needs to include a 1 year technical support plan and 1 year warranty covering parts and labor and an additional a 2-year service contract plan which includes unlimited service by trained and qualified field service engineers, full coverage for parts/labor/travel for on-site service, priority response, annual preventative maintenance, and a loaner unit when applicable.

The following clauses and provisions apply to this solicitation:

52.209-5, Certification Regarding Responsibility Matters

52.212-3, Offeror Representations and Certifications-Commercial Items

52.212-4, Contract Terms and Conditions-Commercial Items

52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders-Commercial Items
52.217-8, Option to Extend Services

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

Evaluations of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation.  Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price.  Evaluation of options will not obligate the Government to exercise the option(s).

52.217-9, Option to Extend the Term of the Contract

a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 (five) years.

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.
52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Right
52.203-99 Prohibition of Contracting with Entities That Require Certain Internal Confidentiality Agreements
52.219-14, Limitations on Subcontracting
52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)
52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3).
52.222-3, Convict Labor
52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67)
52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67)
52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015)
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving
52.228-5 Insurance-Work on a Government Installation (JAN 1997)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management
52.237-3 Continuity of Services (JAN 1991)

52.232-39, Unenforceability of Unauthorized Obligations (In the FAR https://www.acquisition.gov/far/html/52_232.html#wp1160005)
52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
52.233-3, Protest after Award (In the FAR https://www.acquisition.gov/far/html/52_233_240.html)
852.203-70, Commercial Advertising (JAN 2008)
852.232-72, Electronic Submission of Payment Requests

852.237-70, Contractor Responsibilities

52.252-1, Solicitation Provisions Incorporated by Reference:

This solicitation incorporates one or more solicitation provisions by reference, with 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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es).

52.252-2, Clauses Incorporated by Reference:

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es). Full text can be obtained at http://www.acquisition.gov/far/index.html
852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018)

LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE
(a) This solicitation includes far 52.219-6, Notice of Total Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor’s compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor’s offices where the Contractor’s business records or other proprietary data are retained and to review such business records regarding the Contractor’s compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the Contractor’s business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor’s compliance with the limitations on subcontracting or percentage of work performance requirement.

852.219-76 SUBCONTRACTING PLANS MONITORING AND COMPLIANCE. AS PRESCRIBED IN 819.7203(C) INSERT THE FOLLOWING CLAUSE: SUBCONTRACTING PLANS MONITORING AND COMPLIANCE (JUL 2018)

(a) This contract includes FAR 52.219-9, Small Business Subcontracting Plan, and VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirement.

(b) Accordingly, any contract resulting from this solicitation will include these clauses, unless the contract is awarded to a small business concern. The Contractor is advised in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing the Contractor’s compliance with the plan, including reviewing the Contractor’s accomplishments in achieving the subcontracting goals in the plan. To that end, the support contractor(s) may require access to the Contractor’s business records or other proprietary data to review such business records regarding the Contractor’s compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the Contractor’s business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting plan.

SUBMISSION OF QUOTE (FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS):

The Offeror shall submit their quote on company letterhead and shall include unit price, overall total price, name, address, and telephone number of the offeror, firm’s DUNS# and ORCA document in SAM at www.sam.gov.  Complete copy of 52.212-3 Offerors Representations and Certifications- Commercial Items, and ORCA document.

The offeror shall provide sufficient evidence that they possess adequate resources, capability, experience, responsibility and integrity to meet the technical capabilities to comply with the requirements of the resulting contract. All quotes received without this documentation will not be considered.
Quotes must be received no later than Monday, June 28th at 0800 am CST. Email your quote to james.houston@va.gov. The subject line must specify 36C25720Q1036. There will be no automated email notification of receipt of quotes. All quotes received without requested documentation will not be considered.
These services are subject to the Service Contract Act and Wage and Determination (WD 15-5227 Rev.-7) which was first posted on www.wdol.gov on 01/01/2019 and can be assessed at https://www.wdol.gov/wdol/scafiles/std/15-5227.txt?v=6.

A.1 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)
(a) Definition. For the Department of Veterans Affairs, Service-disabled veteran owned small business concern or SDVOSB :
(1) Means a small business concern:
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);
(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;
(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;
(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov); and
(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.
(2) Service-disabled Veteran means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
(b) General.
(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.
(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.
(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.
(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or similarly situated (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:
(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.
(2) Supplies or products.
(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.
(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.
(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.
(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.
(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.
(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.
(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.
(End of Clause)
End of Document

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