SOURCES SOUGHT
65 -- PAPS responses to vendor comments
- Notice Date
- 5/5/2009
- Notice Type
- Sources Sought
- NAICS
- 339112
— Surgical and Medical Instrument Manufacturing
- Contracting Office
- Department of Veterans Affairs, VA National Acquisition Center, Department of Veterans Affairs National Acquisition Center, Department of Veterans Affairs;OA&L / National Acquisition Center;Building 37;1st Avenue, One Block North of Cermak;Hines IL 60141
- ZIP Code
- 60141
- Solicitation Number
- VA-797-08-RI-0115
- Archive Date
- 5/20/2009
- Point of Contact
- Michael A. BarnesContracting Officer<br />
- Small Business Set-Aside
- N/A
- Description
- VA-797-08-RI-0115 Amendment 0001PAPS- Response to vendors' comments- KEY TO COLORS RED is VA original document BLUE is contractors comments BLACK is Contracting Officers answer GREEN is Integrated Product Team (IPT) answer The VA is seeking comments from Positive Airway Pressure (PAP) vendors. Please send comments, questions and concerns on the information and specifications listed below. DO NOT SEND QUOTES, OR SAMPLES-This is a REQUEST FOR INFORMATION, NOT A SOLICITATION. B.2 SCOPE OF CONTRACT and STATEMENT OF WORK 1.0 INTRODUCTION 1.1 Background. The Veterans Health Administration's (VHA) Prosthetic Clinical Management Program (PCMP) Integrated Product Team has identified Positive Airway Pressure (PAP) Devices as a uniform preferred product for potential consolidated contracting. PAP devices are issued through local prosthetic activity. 1.2 Purpose and Objectives. The purpose of this solicitation is to obtain user uniformity, and quality products at competitive prices. The objectives are to standardize PAP devices to ensure that all veterans are receiving comparable treatment across the nation, and to consolidate VA requirements to achieve better pricing. What are the stipulations for this? The stipulations of this make it seem like a BPA. How is it different than a BPA? A BPA is not a contract, it is an agreement. A BPA would require a vendor to have the particular offered products on FSS contract. This contract will not require the vendor to have the offered products on FSS contract. Is the contract guaranteed for just one vendor, or can multiple companies receive this contract? There will be one contract awarded. Is this contract truly a "Sole Source" contract or just a mechanism to truly "formalize" the procurement process? There will be one contract award made to the successful offeror. One award does not mean Sole Source. FAR definition- Sole source acquisition means a contract for the purchase of supplies or services that is entered into or proposed to be entered into by an agency after soliciting and negotiating with only one source. 1.3 Contract Duration. The base contract period is for one year, with two one year option periods that may be exercised by the Government. These terms are fine. To get better pricing from manufacturers, we would prefer that it be a two year contract with two one-year options. However, we understand that keeping it at one year gives the V.A. the ability not to renew or to competitively bid it out again. The one year base with two one year options was determined to be in the Government's best interest. 1.4 Contract Effective Date. The effective date of the contract shall be 45 days (or sooner upon mutual agreement) after the award date. 1.5 Product Samples and Demonstration. This solicitation requires that all contractors submit product samples before or by solicitation due date. Any samples received after solicitation closes will not be evaluated and offer will be considered non responsive. The exact makes and models of product listed in offers shall be submitted to be evaluated. Information regarding the demonstration is set forth in the "PROPOSAL ORGANIZATION" section that follows clause FAR 52-212-1, "INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS" and in FAR 52-212-2 "EVALUATION - COMMERCIAL ITEMS, which are included elsewhere in this solicitation. We like this idea. This clause will give an advantage to vendors (like ourselves) who provide higher quality product(s) which meet the specifications in the table below. Requiring samples is the standard procedure for VA standardization programs. 2.0 EXTENT OF OBLIGATION 2.1 Government Participants. The contractor shall provide the products specified in the contract directly to VAMCs throughout the United States and Puerto Rico at the prices awarded herein and under the terms and conditions set forth in the contract upon receipt of a delivery order/purchase order signed by a person with purchasing authority on behalf of a VAMC. Individual VAMCs shall issue delivery/purchase orders to the contractor which shall indicate the specific items ordered, item quantities, and all necessary delivery and payment procedures. 2.2 Estimated Quantities. See Schedule of Supplies for estimates by line item. There is no expressed or implied guarantee that the estimated quantities will be purchased under this contract. Actual quantities may exceed or be less than those represented. What is your current estimation as to what the total volume would be annually in units sold? The annual estimated quantities for each line item will be on the RFP (Request For Proposal).. 2.3 Report of Sales. Successful offerors shall be required to provide a Report of Sales to the Department of Veterans Affairs National Acquisition Center on a quarterly basis as required by the Contractor's Report of Sales clause contained in this solicitation. Will the "Report of Sales" be on [Form 72] like it currently is? Or is there another mechanism for reporting? The Report of Sales will be made on an electronic template. The template will be provided to the awardee. Will electronic report be acceptable? Electronic is the preferred method of sales reporting. Is there/Will there be an "Internal Funding Fee" of some kind, similar to the.05% that is currently in place? Yes, there will be a.05% CRF (Cost Recovery Fee). The CRF is to be included into the vendors offered pricing. The instructions will be in the RFP. 3.0 Delivery 3.1 Ordering/Delivery Requirements. The successful contractor(s) should be capable of receiving orders from the Medical Centers via Electronic Data Interchange (EDI), if the contractor has this capability, or via facsimile. Delivery shall be made to any VAMC within the United States, including Alaska and Hawaii, and Puerto Rico upon issuance of a delivery order. Delivery shall be in accordance with the following time frames: Regular delivery shall be made within fourteen (14) days after receipt of a delivery order, expedited delivery within 3 days, and emergency delivery within 24 hours. The Government agrees to pay the difference between normal/regular and expedited freight for expedited and emergency delivery. 4.0 Technology Refresh. A. All devices offered shall be state-of-the-art technology. "State-of-the-art" is defined as the most recently designed components that are announced for marketing purposes, available, maintained and supported in accordance with requirements specified in the solicitation. Components and products with a manufacturer's planned obsolescence within the first year of contract award are not acceptable. B. If upgrades become available after award of this contract, the contractor will substitute them for the awarded items per paragraph C below. C. The contractor will provide to the contracting officer the following information: (1) A list of specific awarded items that shall be updated. (2) Product literature for the new items and a detailed description of the differences between the awarded items and the new items, and a specific analysis of the comparative advantages/ disadvantages of the items involved. D. The Contracting Officer will provide the information to the IPT for approval. Upon approval, the contract will be modified to acknowledge the updated items. What is "IPT"? IPT is Integrated Product Team. This is a team of VA deemed subject matter experts that write the specifications, evaluate the samples, and work on other aspects of standardization programs. E. All new technology must support all units purchased under the awarded contracts for a period of three years. We like this clause. This will cause all contractors to abide by all updated CMS and FDA standards for the respective equipment. The clause ensures that the VA PAP machines will not be quickly obsolete. B.3 SPECIFICATIONS Positive Airway Pressure (PAP) Machine. The following specifications are required. Failure of the product literature or product samples to show that the offered items conform to the required specifications will require rejection of the offer. If the offered items are rejected, they will not receive further evaluation. 1PAP machine must have selectable pressure between an inclusive lower pressure of 5 and an inclusive upper pressure of 20 cmH2O in increments of 1 cm or less. An additional clause should be that "pressure can only be adjusted by clinician". The VAMC should prohibit machines with "manual pressure changes" (which are in many lower quality and older models). Machines with pressure that can be manipulated by patients compromise clinical care as the standard is for patients to decrease air pressure level for their personal comfort. What is the thought process behind the VA wanting to have a selectable and inclusive lower pressure of 5? Can a machine that is submitted for the RFP have a selectable pressure at an inclusive lower pressure starting below 5? 1. THERE IS NO NEED TO ADD THAT THE PRESSURE CAN ONLY BE ADJUSTED BY A CLINICIAN. WE ARE NOT TRYING TO MAKE IT HARDER FOR THE MANUFACTUERER TO SUBMIT AND OFFER. 2. MACHINES CAN HAVE PRESSURES LOWER THAN 5. MACHINES, HOWEVER, MUST BE ABLE TO HAVE A LOWER PRESSURE AS LOW AS 5 2Airflow must keep the mask pressurized with a positive pressure needed to maintain airway patency. 3Machine must be able to use standard size tubing. Length 6-12 feet, diameter 22 mm with a female connector compatible with standard PAP machines, PAP masks, and humidifiers (if humidifier is not built in). Does the sited length of 6-12 feet represent the required lengths of tubing the device must able to accommodate? Or is it rather the range of length of tubing the unit can accommodate - anywhere from 6 feet to 12 feet. 1. THE MACHINE MUST BE ABLE TO ACCOMMODATE TUBING RANGING IN LENGTH FROM 6-12 FEET. 4Machines must include tubing and have a carrying case that accommodates the machine, interface, tubing, and humidifier (if appropriate). 5Machines must have ramp capability. "Ramp" is a feature that allows positive pressure to gradually increase over time (maximum pressure increments 2cm H2O, total ramp time must be adjustable between 0 and 15 minutes or more. 6Machine must accept and work properly with mask interfaces from at least three different manufacturers. The amendment which states that, CPAP machine "must accept and work properly with mask interfaces from at least three manufacturers." One could surmise, rightly or wrongly, that this amendment was written to not only protect the incumbent, but to eliminate the incumbent's competition. Since there are only a limited amount of companies in America that manufacture these products, one could interpret the clause as being written to make sure that any CPAP machine would be compatible with the products made by the incumbent. This is required so that we do not have to use proprietary masks for a particular machine. At least some masks (or nasal pillows) from other manufacturers must be usable with the machine. We do not want to get locked into only using their patient interface. Having received other similar comments on protecting "the incumbent" please note that there are currently 5 contractors with PAP equipment BPAs: Jordan Reses Supply Company VA797-BP-0064 Dimensions Medical Supply Group (DMSG) VA797-BP-0068 Medical Place, Inc. VA797-BP-0088 Vaughn Medical VA797-BP-0103 Sunrise Medical HHG dba DeVilbiss VA797-BP-0138 7When operating and producing 10cm H2O pressures, noise must be below 40 dB. The noise level threshold of 40 dB is fairly high. We would recommend lowering this to 30 dB's to produce a quiet sleep environment. 1. THE MANUFACTURER CAN MAKE A MACHINE THAT HAS 0 DB AND THAT WOULD BE GOOD. OUR SPEC IS 40 AT 10CM. THERE IS NO NEED TO CHANGE THIS SPEC; WE ARE NOT TRYING TO MAKE IT HARDER FOR THE MANUFACTURER. 8Machine must store a minimum of 90 days of "time on mask" machine usage data downloadable using a memory-card, flash-disk, or direct connection. If system requires a reader, up to six will be provided with software to each facility that issues PAP machines at no additional expense. Software will either be unlicensed or nationally licensed and updates to software will be provided free of charge for the duration of the contract. We would ask that you in include "visual indication" to the description of machine usage data. We recommend the first sentence to read "Machine must store a minimum of 90 days of "time on mask" machine usage data downloadable using a memory-card, flash-disk, direct connection or visual indication of encrypted code." Our device enables you to read a code off the display screen, enter it into a decryption tool via a pc and generate while-breathing usage data. In addition, we have an on-board Adherence Score which objectively reports the percentage of compliance as per the newly published CPAP LCD. By adding this option to the specifications it would allow yet another convenient method to monitor usage and trouble-shoot therapy. I DO NOT SEE ANY REASON TO CHANGE THIS REQUIREMENT. 9PAP machine (without humidifier) must weigh 7 pounds, or less. Love this clause. It will require that only the newer generation devices be put on the list. This will be great for the patients. OK. I'M GLAD YOU LOVE IT 10Machine must use either washable or disposable filters and accept optional pollen, ultra-fine, or hepa filters. 11Machine must operate on 115 VAC, RMS 60 Hz, comply with electrical safety standards for biomedical equipment, be FDA approved, and meet all government standards by appropriate laboratories such as UL, ASTM, and CSA. 12Machine, or any ancillary electrical equipment used with the machine (e.g. heated humidifier) that needs to be plugged into 115 VAC, RMS 60 Hz, must have double insulated, 2 prong AC plugs for home use. 13Machine must include 2 year warranty including parts and labor. For warranty repairs contractor is responsible for freight to and from the medical center or patient's home. Love this clause. It will require that only manufacturers with high quality warranties are offered. THAT WAS THE POINT 14Machine must have or accept humidifier that can be used in heated or unheated mode. When the PAP machine is used with humidification, it will be compatible with a variety of breathing circuits. The vendor must submit a list of compatible breathing circuits. "When PAP machine is used with humidification, it will be compatible with a variety of breathing circuits." Please define breathing circuits. BREATHING CIRCUITS ARE PATIENT INTERFACES (MASK, NASAL PILLOWS ETC) AND TUBING AND HEADGEAR BiPAP ONLY 15Inspiratory and expiratory pressures must be independently adjustable. The reference is BiPAP only. BiPAP is a single manufacturer's trademarked name, the generic term is Bi-level. WE SHOULD USE BILEVEL PAP (BPAP) IN THE SPEC, IF WE SAID BIPAP, IT NEEDS TO BE CHANGED. APAP ONLY16The high and low pressure range boundaries must be independently settable. 17Machine auto-adjustment must not be based solely on snoring or vibration. We would recommend that the machine adjust based on at least 2 out of 3 criteria: snore, flow limitation and apnea. THANKS FOR THE SUGGESTION. BUT NO, KEEP IT THE WAY IT WAS WRITTEN. 18In addition to "time on mask", the machine must provide delivered pressure levels, pressure x time analysis, and mask leak data. Summarized data must be provided 4 weeks, or more, and full disclosure data for 3 nights, or more. Like the current BPA categories, this makes it seem like you are segregating the PAP products into the 3 current categories of CPAP, APAP and BiPAP. CORRECT - CPAP; BI-LEVEL & APAP B.4 GLOSSARY The following set of definitions is offered to clarify some of the terminology used in this document. These definitions are not meant to be standard definitions of usage but rather are offered here for guidance and elucidation of what is meant within the context of this specification. Usage (adherence/compliance) data: Specific information about how much a patient is using the positive airway pressure device. The usage data for these machines must provide day-by-day statistics for hours (or clock times) of use, determined by time-on-mask. A minimum of 30 days must be either stored or be available by other means. We would like to challenge the definition of Usage (adherence/compliance) data: "day-by-day" data may be overwhelming to collect, manage and review. Compliance and an improvement in condition can be satisfied via a data set collected over a period of time. In addition statistics by hours may also be redundant and difficult manage and review. We would ask that you change this definition to read "Specific information about how much a patient is using the positive airway pressure device. The usage data for these machines must be objective and provide while-breathing usage statistics, determined by time-on-mask. A minimum of 30 days must be either store or be available by other means. DAY-BY-DAY DATA ARE NOT OVERWHELMING TO COLLECT, MANAGE, AND REVIEW. WE DO IT ON EVERY CLINIC FOLLOWUP VISIT. KEEP AS IS. Downloadable usage data: This is when usage data are transferred to a personal computer system either by direct connection via a port (serial, parallel, or USB) or with a memory device on which data are written and can be read by the computer using a reader or port physical device handler. We would like to challenge the definition of Downloadable usage data: as described above our machines will generate an encrypted code which is displayed on the CPAP display. The code is obtained from the IntelliPAP by the patient and relayed to the provider who can then decipher to code and generate a comprehensive compliance report via a pc. This system works much like a barcode. We would ask that the definition be changed to read "This is when usage data are transferred to a personal computer system either by visually indicated encrypted code, direct connection via a port (serial, parallel, or USB), with a memory device on which data are written and can be read by the computer using a reader or port physical device handler. THERE IS NO NEED FOR THIS ADDITION. THIS IS ONE MANUFACTURER'S FEATURE, NOT A GENERAL REQUIREMENT OR DEFINITION. Usage data full disclosure: Usage data full disclosure refers to detailed daily information about usage, pressure and leaks, with temporal resolution to 0.1 hours. Ramp: Ramp is a feature that allows positive pressure to gradually increase to the set pressure over time in order to presumably improve patient comfort. Time-on-mask: The amount of time the patient is actually using the positive pressure machine. Time-on-mask is determined by sensing a backpressure and/or pressure oscillations indicating that the mask is in place and the patient is breathing. Memory-card, flash-disk, or direct connection: This represents several techniques available to transfer usage data from a positive pressure machine to a personal computer. Memory-cards, "smart-cards", memory devices that emulate disk drives, direct wire connection to a computer port, or a wireless connection to a computer port are included. Built-in or Integrated humidification: This refers to systems in which the humidifier is part of the PAP machine, is part of a system in which the PAP machine and humidifier connect on an integrated platform, or when the humidifier is designed to attach to a specific PAP machine. Respiratory events: Respiratory events include apneas and hypopneas. Flow limitations and oxyhemoglobin desaturations may also be included 52.212-2 EVALUATION--COMMERCIAL ITEMS (Jan 1999) (a) The Government shall award one contract, 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 Government shall evaluate the proposed devices to determine whether they meet the minimum specifications as described in the Schedule of Supplies and Specifications. The Government shall make this determination on the basis of information obtained from the offeror, such as descriptive literature and product samples. Failure of any offered items to conform to the specifications and definitions will require rejection of the offer. Offers from distributors/dealers must contain a letter of commitment from the manufacturer. The letter must be on manufacturer letterhead, signed by person with authority to commit manufacturer to supply product to VA and the manufacturer contact information. Any offers from distributors/dealers that do not contain a letter of commitment adhering to the above mentioned requirement will be rejected. These are the same terms as that to currently get new product onto the price list. This Shouldn't be a problem. The VA wants to ensure that this letter of commitment is signed by an authorized manufacturer representative that has authority to commit the manufacturer. It is a standard requirement for distributors to provide a manufacturer letter of commitment. This clause will also prevent contractors who don't have a LOC (Letter of Commitment) from buying third-party to sell to the VAMC. Distributors/dealers that do not submit a valid manufacturer's letter of commitment will have their offers rejected. We agree that Offers must hold and submit a letter of commitment from the manufacturers. As part of that letter, the issuer of that letter must include contact information for the signee to be verified by the solicitor. We would recommend that the commitment letter be current reflecting the manufacturer's intent for this solicitation Manufacturer letters of commitment must state that they will provide the distributor with the products listed on the solicitation for the contract duration. The RFI states that one contract will be awarded for PAP equipment. Does this mean a single contractor will supply all categories of CPAPS, APAPS, and BIPAPS equipment? Yes a single award will be made covering all line items all categories. How many awards will be made? In the document it references one contract but it also states throughout the document language such as "successful offerors" and successful contractor(s), implying more than one. Does this mean that there will be an award in each category and possibly to different vendors in each? One award will be made to cover all categories all line items. There will not be awards made for categories or line items. The VA intends to have one contractor provide all of the required products. Will correct language that suggests multiple awards. The VA should not consider a procurement strategy wherein only one vendor is selected to provide the products and services envisioned by this contract. The best procurement method for the VA would involve having multiple awardees. The GAP BPA has proved that multiple vendors provide an invaluable benefit to the VA by giving them a choice of vendors and choosing the one with best service and the best price. The GAP BPA not only works in such a matter, but it also provided the VA with the ability to choose among competing vendors for cost savings and better service. From what we have seen of the draft solicitation, however, including its recent amendments, we are very concerned that VA might be intending to go back down that dark road of "one vendor takes all." If so, it would be a costly mistake for the agency. VA acquisition strategy is not developed by determining what is in the best interest of a contractor. VA strategy is determined by what is in the best interest of the Government. Once a preliminary determination has been made that all of the offered line items meet the specifications, the following evaluation factors, listed in descending order of importance will be applied: 1) Technical Evaluation - Technical evaluation factors consist of Patient-relevant factors, Clinician-relevant factors, and Machine-relevant factors. The three factors are listed in descending order of importance. These three factors are listed below with their significant subfactors. Patient-Relevant Factors: The subfactors are listed in descending order of importance. 1. Ease of assembly/disassembly (for routine cleaning & maintenance, not repair) 2. Ease of operation for patient 3. Mechanism to reduce pressure spike when patient begins exhalation **For clarification, can you please reference the ISO 17510 CPAP Standard in this item of the solicitation. The standard requires a measurement of CPAP pressure swings and will ensure that this requirement will be met by all manufactures who submit a bid. Machine-Relevant Factors "Mechanism to reduce pressure spike when the patient begins exhalation", Can you define further? Is this a pressure relief mechanism? **1- ISO 17510 STANDARD IS BEING REVIEWED. THIS QUESTION WILL BE ANSWERED AND POSTED AS SOON AS THE REVIEW HAS BEEN COMPLETED. 2- THIS IS A PRESSURE RELIEF MECHANISM. 4. Clarity and "user-friendliness" of operators manual supplied to patient Clinician Relevant Factors: The subfactors are listed in descending order of importance. 1. Ease of programming by clinician 2. Ease of accessing utilization (adherence) data 3. Accessibility of technical support and quality of service Machine-Relevant Factors: The subfactors are listed in descending order of importance, with the second and third being of equal importance. 1. Overall integration of machine and its accessories (e.g. humidifier). 2. Length of time for which usage (adherence) data is available 3. Total size of footprint 4. Length of warranty (indicate percent longer than specification) 5. Measurement of respiratory events which may include mask leak Are standard, non auto-adjusting, CPAP units required to provide measurement of respiratory events? THEY ARE NOT REQUIRED BUT IT WOULD ADD VALUE FOR THE CLINICIAN EVALUATION FACTOR 6. Automatic altitude adjustment 2. Price. Price will be evaluated by adding the total price for all options to the total price for the basic requirement. Offers that do not include a price for all line items (1a thru 3i) will not be considered. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). Would it be possible to obtain a copy of all line items (1a-3i) referenced? We would like to understand how configured products will be bid. The 1a thru 3i mentioned above under Price was inadvertently left in this RFI. The actual line items will be listed on the RFP with estimated quantities for each line item. This is great. We believe that price/value is something that isn't totally being considered right now of all the items in the A-46 category. We cannot speak to any particular SIN (e.g. Special Item Number A-46) categories, but the VA is aware that there is more to value than just price. 3. Quality/Past Performance. The Government shall evaluate the offeror's reputation for quality and past performance. By quality and past performance the Government means the offeror's reputation for conforming to specifications and to standards of good workmanship; the offeror's reputation for adherence to contract schedules, including both technical and administrative aspects of performance. The Government shall evaluate quality/past performance on the basis of information that may be obtained from the offeror, such as previous commercial and Government contracts. (See Attachment A). The Government may also use any relevant information in its possession or in the public domain. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance. What is unclear is what is meant by "quality"? Webster's defines quality as "degree of excellence". Quality in this context is tied with Past Performance. The Government evaluates a contractor's delivery history, customer service, resolution of issues, billing issues, etc. Is there a metric to determine this? No, but a substantial part of Quality/Past Performance evaluation is based on references that the contractor provides. Our fear is that "quality" is a subjective decision and not an "objective calculation" Yes it is subjective decision, but is based on objective information. Our only concern here is "length of time" as an offeror and not simply "quality/past performance" be taken into consideration. We do not want to be selected against just because we do not have the tenure of some other contractors/offerors. Length of time in business is not the factor. What a business has done during that length of time is the factor. Past Product Performance -We request a past performance review of previously awarded 'PAP devices in terms of percentage of defects, returns of the equipment, and replacement of defective or return equipment. Past Contractor Performance -We request a past performance review of previously awarded 'PAP devices contractor in terms of service of contract (i.e. timeliness of shipment, % of incorrect shipments, unauthorized substitution of products, and invoicing). The past performance review encompasses past performance of all aspects of a contractors performance, not just on previous PAP devices contracts. There are contractors that will be making proposals that have not had previous awards on these specific products. 4. Small Disadvantaged Business (SDB) Participation (See 52.219-24 and Attachment C) Evaluation of Small Disadvantaged Business Participation will be a subjective assessment based on the offeror's SDB Participation Targets (expressed as dollars and percentages of the total value of the offer), and the extent to which the SDBs are specifically identified in the offeror's proposal. This evaluation factor will also take into consideration the complexity and variety of the work SDB concerns are to perform under the contract. Small Disadvantaged Business Participation applies to Large and Small business concerns. 5. SDVOSB and VOSB must be registered on vetbiz.gov to receive this factor. Will "non-verified" SDVOSB concerns be eligible to submit offers? This is a full and open competition. Any contractor is eligible to submit a proposal, but the claimed socio-economic status will be verified on vetbiz.gov before award. Even non verified SDVOSB or VOSB are eligible to submit proposals, but unverified will not receive the SDVOSB or VOSB evaluation factor preference. If your firm is a SDVOSB or VOSB please ensure that your firm is not just self certified on vetbiz.gov but is VA certified on vetbiz.gov. Check to see that the certified logo is displayed by your company name. We feel that this is an ideal requirement to place under the VA's "Veterans First" Program. The VA would not be sacrificing quality or cost of products by setting this requirement aside for veteran owned businesses. The Veterans First program is the first consideration in developing acquisition strategy. A set-aside requires the Buy American Act, which requires the non-manufacturer rule. The non-manufacturer rule requires non-manufacturers to distribute for a SMALL domestic or outlying area manufacturer. Market research did not find small domestic manufacturers of all the required PAP devices. The non-price factor of Technical is significantly more important than price. Quality/Past Performance and Small Disadvantaged Business Participation when combined are significantly less important when compared to price. Price is significantly more important than SDVOSB & VOSB status. All evaluation factors other than price, with the exception of SDVOSB & VOSB status when combined, are significantly more important than price. We know that items 1-5 from above are in descending order of importance. Is there actually a formula or weighted average where you can tell us what each category is "worth" in your calculation of an overall score for a respective vendor. There is an actual weighted formula. This is proprietary information. Can you further clarify the last paragraph of the draft dealing with the significance of factors such as technical, price etc. in the award process? It would be beneficial to be more specific as to the degree of importance each factor has with the factor being most important listed as #1 with factors listed in decreasing order of importance. The factors listed above are in descending order of importance. See VA answer above in RED discussing the specific degree of importance. How many responses have you received from 8a, Hub Zone, WO, SDB, SDVOSB and VOSB concerns? The number of responses is proprietary information. Will PL 109-461, CFR 38.125, VA IL 049-07-08 and other veteran's friendly contracting procedures be utilized to evaluate offers? SDVOSB and VOSB are given an evaluation factor that increases their chance of winning the award, with SDVOSB status being higher than VOSB status. Will VA require SDVOSB concerns to be "verified" before they can submit offers? No. The verification of claimed SDVOSB status will be determined after receipt of proposals. Will SDVOSB and VOSB offers be evaluated equally or will other criteria be used? SDVOSB status receives more preference than VOSB status. Will the SDB category be omitted from the evaluation criteria? There is not a SDB category. There is a SDB Participation factor which applies to both large and small businesses (see 4 above). How will the contracting priority for SDVOSB and VOSB concerns be determined under Sec 8128, 109-461 guidelines? The veterans first under 109-461 was the VA first consideration. This procurement was determined to be a full and open competition with concurrence from OSDBU (Office of Small Disadvantaged Business Utilization) and the SBA (Small Business Administration). We feel that this is an ideal requirement to place under the VA's "Veterans First" Program. The VA would not be sacrificing quality or cost of products by setting this requirement aside for veteran owned businesses. Answered above. If there are 2 or more responsible SDVOSB concerns, will you consider a SDVOSB concern set-aside? No. This is a full and open competition under FAR part 12 and 15. A SDVOSB set-aside is under FAR part 19 and requires the non-manufacturer rule which requires the contractor to provide either its own product or that of another domestic (or outlying area) small business manufacturing or processing concern. If there is only 1 responsible SDVOSB offer, will you consider a SDVOSB concern sole-source award? No. The contract will be awarded to the winning proposal regardless of the contractor socio-economic status. Sole source award means a contract for the purchase of supplies or services that is entered into or proposed to be entered into by an agency after soliciting and negotiating with only one source. What is your rationale for not awarding a separate contract for each category of equipment? This procurement is for VA standardization of PAP devices. One requirements contract for all PAP devices ensures standardization, and one PAP products source is what our VHA customers required. Why do SDB concerns rank higher in order of importance than a SDVOSB concern under the evaluation factors? SDB concerns do not rank higher than SDVOSB or VOSB concerns. The factor is SDB Participation, not SDB concerns. Any proposals that utilize SDB Participation (see 4 above) receive this evaluation factor. The VA encourages all proposals from large or small businesses to achieve this factor. This acquisition represents a gateway for VA to increase procurement opportunities for veterans. I encourage you to consider the use of restricted competition (set-aside) procedures pursuant to 38 U.S.C 8127 for this requirement provided you obtain 2 or more responsible SDVOSB concerns who submit offers. A SDVOSB set-aside was considered first, but market research dictated a full and open competition. A SDVOSB set-aside is under FAR part 19 and requires the non-manufacturer rule which requires the contractor to provide either its own product or that of another domestic (or outlying area) small business manufacturing or processing concern. Market research did not find small domestic manufacturers of all the required PAP devices. OSDBU (Office of Small and Disadvantaged Business Utilization) and the SBA (Small Business Administration) concurred with the decision of full and open competition. OTHER CONTRACTOR COMMENTS TAA Compliant -Awarded 'PAP device manufacturer should be required to manufacture interface masks, component accessories and replacement parts in a designated country in accordance with the Trade Agreement Act. The interface masks, component accessories and replacement parts are necessary products and are supplied in conjunction with the 'PAP device and should be required to abide by the Trade Agreement Act. All products required on contracts that are designated for full and open competition must be TAA (Trade Agreement Act) compliant. Masks and component accessories are not part of this contract. National contracts can only dictate TAA compliance on products that are to be covered by the contract and not open market items.
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