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FBO DAILY - FEDBIZOPPS ISSUE OF NOVEMBER 10, 2016 FBO #5466
DOCUMENT

65 -- Sorin Mitroflow Aortic Valve Replacement CONSIGNMENT AGREEMENT - Attachment

Notice Date

11/8/2016
 

Notice Type

Attachment
 

NAICS

339112 — Surgical and Medical Instrument Manufacturing
 

Contracting Office

Department of Veterans Affairs;Western New York Healthcare System;2875 UNION RD. STE 3500;CHEEKTOWAGA, NY 14227
 

ZIP Code

14227
 

Solicitation Number

VA24217Q0066
 

Response Due

11/18/2016
 

Archive Date

11/28/2016
 

Point of Contact

DELENE KENDRICK
 

E-Mail Address

.KENDRICK@VA.GOV<br
 

Small Business Set-Aside

Service-Disabled Veteran-Owned Small Business
 

Description

COMBINED SYNOPSIS/SOLICITATION SORIN LXA MITROFLOW PERICARDIAL AORTIC VALVES BUFFALO VA MEDICAL CENTER (i) This is a combined synopsis/solicitation for a consignment agreement for a commercial item prepared in accordance with the format in FAR Subpart 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. (ii) This solicitation is issued as a request for quote (RFQ). Request for Quote will be submitted through fedbizopps.gov on RFQ reference number VA242-17-Q-0066. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-89. (iv) This procurement is being issued as a Service-Disabled Veteran Owned Small Business set-aside. The North American Industry Classification System (NAICS) code is 339112, Surgical and Medical Instrument Manufacturing, with a small business size standard of 1000 employees. (v) The Contractor shall provide UNIT pricing for the following Contract Line Items (CLINS): SORIN Crown PRT Model Number Valve Size QTY needed on the shelf CNA19 19 2 CNA21 21 2 CNA23 23 2 CNA25 25 2 CNA27 27 2 *Only exact item numbers, manufactured by Sorin, will be considered. This is a Brand Name Only procurement. No gray-market items will be accepted or considered. All offerors must be authorized by the manufacturer to distribute and maintain the requested stock. (vi) TERMS OF THE BASIC ORDERING AGREEMENT 1. Price at which the item(s) will be sold to the Government during the period of the agreement and ordering period (DATE WILL BE SET AT TIME OF ESTABLISHMENT OF BASIC ORDERING AGREEMENT[BOA] FOR FOUR YEARS) 2. A contract is formed upon vendor acceptance of an order, and reimbursement will be made to the vendor for the item on consignment when use of the item is made by the VA. Unused items are returned to the vendor at the end of the effective period of the agreement without reimbursement or other expense to the Government. 3. The Government assumes no liability for any item(s) assigned to VHA on a consignment basis until a requirement for the item exists and a purchase or delivery order is placed against the agreement. Title for the consigned items shall remain with the contractor until the items are used. 4. Payment for items furnished under the agreement is applicable only when such items are used (implanted) or the package is opened by the VA. Contractor agrees to accept the Government Purchase Card as the preferred method of payment. 5. The contractor shall assign a representative to the facility to initiate and oversee the consignment inventory. 6. NCO 2 contracting officers and VISN 2 purchasing agents are authorized to issue orders under this agreement. 7. Failure to reach agreement on price for any order issued before its price is established is a dispute under the Disputes clause included in the basic ordering agreement. 8. All basic ordering agreement shall be reviewed annually before the anniversary of its effective date and revised as necessary to conform to the requirements of this regulation. Basic ordering agreements may need to be revised before the annual review due to mandatory statutory requirements. A basic ordering agreement shall be changed only by modifying the agreement itself and not by individual orders issued under it. Modifying a basic ordering agreement shall not retroactively affect orders previously issued under it. 9. All interested companies shall provide quotations for the requirements listed on this combined synopsis, any mention of a brand name per the below listed requirements are due to the fact that they are known to meet or have met the Government s needs. All products shall be approved by the FDA. If an issue arises the Contracting Officer may request the FDA 510K letter and or any associated documentation. (vii) CONSIGNMENT GENERAL REQUIREMENTS 1. Initial Inventory: The products listed on the Schedule of the agreement represent the products that must be available for the initial inventory. The products shall be placed at the designated VHA location within the time specified, or if no time specified, no later than ten (10) calendar days after receipt of the fully executed BOA. VHA will provide adequate space/shelving for stocking these products. The contractor will provide a complete listing of model and part numbers to the contracting officer s representative (COR) upon delivery of the initial inventory. 2. Inventory Level: All consignment inventories will be coordinated with the COR. The contractor agrees to coordinate with the COR to maintain the inventory level of product at all times. At no time shall the number of products VHA holds on consignment fall below the minimum quantity specified without the concurrence of the COR. If it is discovered that the stock quantities fall below the agreed minimum stock level, the contractor must replenish the stock level with like quantities of items within 48 hours at no additional expense to the Government. 3. Inventory Management: The designated contractor s representative assigned to the VHA facility will periodically (no less than quarterly) conduct a physical inventory of the consignment inventory and the results shall be detailed in a report to the COR. At a minimum, the report will contain stock utilization and levels and recalled/outdated items found and removed. The excess unused items will be returned to the contractor at the end of the term of the contract without reimbursement or other expense to the Government. 4. Replacement Products: VHA will withdraw products from the consignment stock on a first-in first-out basis. After each procedure, the contracting officer/purchasing agent will issue an order with an associated purchase order (PO) listing the products used and the contractor will replace these products within the time specified. If no time specified, delivery shall be within 48 hours. The COR shall be notified prior to the products being replaced. Replacement products will be shipped/delivered FOB Destination directly to the VHA location at no additional cost to the Government. The PO will serve as authorization for delivery of replacement items and payment for the item(s) used. The contractor shall reference the PO number on the invoice and delivery ticket for the replaced products. 5. Product Sterilization: The contractor shall replace any items that are handled but not implanted. The handled items shall be picked-up or shipped back to the sterilization facility. These sterilization services shall be performed at no additional cost to the Government. 6. Alteration of Quantities: The contractor agrees that the total quantity of items furnished under the agreement can be changed at any time during the effective period of the agreement. The contractor agrees that from time to time, the COR may change the number of items on consignment, by written or oral request. The COR must coordinate with the contracting officer and follow-up all oral requests with written confirmation within 24 hours. 7. Defective Products: The contractor shall replace defective products according to the delivery schedule of the agreement at no additional cost to the Government, unless VHA has misused or lost the product. 8. Expiring Inventory: Inventory having less than 90 days sterility/expiration date must be removed and replaced. The contractor shall provide a list of all the expired products to the COR. VHA is not liable for devices that are allowed to expire. These services will be completed at no additional cost to the Government. 9. Expiration/Termination of Agreement: Upon expiration/termination of the agreement, VHA will reconcile all consignment stock units. The contractor will remove all unused items at the end of the effective period of the agreement without reimbursement or other expense to the Government. 10. Delivery Schedule: The vendor shall contact the COR (or COR designee) at the VA to coordinate the delivery of the products. The specific time to be scheduled for the delivery of the products shall be during normal working hours, between 7:00am and 4:00pm, Monday through Friday. Necessary documentation includes a statement acknowledgement/invoice and receipt of delivery. After delivery of the products the vendor shall contact the COR, in writing, with the list of consignment products and quantities stocked in the place of performance. (COR information will be distributed at time of award). The rates specified in this schedule shall be the maximum paid the contractor as orders are placed during the term of the agreement. In no event can the rates listed in the schedule be exceeded. Offerors are to fill in Schedule with proposed items, adding additional rows as necessary or provide a catalog of items as a separate attachment when replying to this RFQ. (vii) Awardee shall coordinate with the Official Mail Center (OMC) prior to performance. Buffalo VAMC 3495 Bailey Ave. Buffalo, NY 14215 (viii) The provision at FAR 52.212-1, Instructions to Offerors-Commercial Items, applies to this acquisition. (ix) Evaluation will be determined based on price IAW FAR Subpart 13.106-1(a)(2). The Government reserves the right to make award without discussions. (x) The provisions at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items applies to this acquisition. * All firms or individuals submitting a quote shall include a completed copy of this provision, OR have current Representations and Certifications in the System for Award Management (SAM - https://www.sam.gov). Representations, Certifications, and SAM must be current at award. IF NOT CURRENT AND/OR YOU DO NOT SUBMIT A COMPLETED COPY OF THIS PROVISION, YOUR QUOTE WILL BE CONSIDERED NON-RESPONSIVE. (xi) The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. (xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Order- Commercial items, applies to this acquisition. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (JAN 2014) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (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: [] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). [] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [X] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). [] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a). [] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [] (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (JUL 2010) of 52.219-9. [X] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (20) 52.219-16, Liquidated Damages Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.) [] (ii) Alternate I (June 2003) of 52.219-23. [] (22) 52.219-25, Small Disadvantaged Business Participation Program Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (23) 52.219-26, Small Disadvantaged Business Participation Program Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [X] (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [] (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). [X] (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (29) 52.222-19, Child Labor Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). [X] (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [] (32) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X] (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). [] (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (36)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (41) 52.225-1, Buy American Act Supplies (FEB 2009) (41 U.S.C. 10a-10d). [] (42)(i) 52.225-3, Buy American Act Free Trade Agreements Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). [] (ii) Alternate I (MAR 2012) of 52.225-3. [X] (iii) Alternate II (MAR 2012) of 52.225-3. [] (iv) Alternate III (NOV 2012) of 52.225-3. [] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (44) 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). [] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (50) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (51) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). [] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [X] (54)(i) 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). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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: [] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (Nov 2007) (41 U.S.C. 351, et seq.). [] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [] (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). [] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (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. (1) 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 disputes 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 (OCT 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (xi)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (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). (xii) 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). (xiii) 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). (xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 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. (2) 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. (End of Clause) The following additional contract requirement(s) or terms and conditions apply to this acquisition and are consistent with customary commercial practices: 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 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): http://farsite.hill.af.mil http://www.acq.osd.mil/dpap/dars/dfars/index.htm (End of clause) 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.222-22 Previous Contracts Compliance Report 52.222-25 Affirmative Action Compliance 52.222-50 Combatting Trafficking in Persons 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications. 52.232-33 Payment by Electronic Funds Transfer-System for Award Management 52.232-39 Unenforceability of Unauthorized Obligations 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.247-34 FOB Destination 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): http://farsite.hill.af.mil http://www.acq.osd.mil/dpap/dars/dfars/index.htm THE FOLLOWING CLAUSES AND PROVISIONS ARE INCLUDED BY FULL TEXT: 52.225-4 (Alt II)-- Buy American -- Free Trade Agreements--Israeli Trade Act Certificate (May 2014) Alternate II (May 2014). As prescribed in 25.1101 (b)(2)(iii), substitute the following paragraph (b) for paragraph (b) of the basic provision: Buy American -- Free Trade Agreements--Israeli Trade Act Certificate (May 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product, commercially available off-the-shelf item, component, domestic end product, end product, foreign end product, Free Trade Agreement country, Free Trade Agreement country end product, Israeli end product, and United States are defined in the clause of this solicitation entitled Buy American Free Trade Agreements Israeli Trade Act. (b) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled Buy American-- Free Trade Agreements--Israeli Trade Act : Canadian or Israeli End Products Line Item No.: Country of Origin:             [List as necessary] (c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled Buy American--Free Trade Agreement--Israeli Trade Act. The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of domestic end product. Other Foreign End Products: Line Item No.: Country of Origin:             [List as necessary] (d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of provision) 852.203-70 COMMERCIAL ADVERTISING The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. (End of Clause) 852.219-10 VA NOTICE OF NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016) (DEVIATION) (a) Definition. For the Department of Veterans Affairs, Service-disabled veteran-owned small business concern or SDVSOB : (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 percentof the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 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 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and (v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable (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 verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern. (c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6. (d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate. (e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program. (End of clause) (xiii) Instructions to Offerors: Quote packages must include the following or responses will be considered non-responsive: Spec sheets, product literature, brochures, etc that fully describe the products being offered for or equals Warranty Provisions Pricing (xiv) N/A (xv) Quotes are required to be received NO LATER THAN 1:00 PM EDT, Friday, November, 18, 2016. Quotes and supporting documentation must be emailed to Delene Kendrick at delene.kendrick@va.gov. (xvi) Direct your questions to Delene Kendrick, Contracting Officer, 585-297-1460, x72474; delene.kendrick@va.gov. List of Attachments N/A
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/VAWNYHCS528/VAWNYHCS528/VA24217Q0066/listing.html)
 

Document(s)

Attachment
 

File Name: VA242-17-Q-0066 VA242-17-Q-0066_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3099529&FileName=VA242-17-Q-0066-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3099529&FileName=VA242-17-Q-0066-000.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Place of Performance

Address: BUFFALO VA MEDICAL CENTER;3495 BAILEY AVE;BUFFALO, NY 14215

Zip Code: 14215
 

Record

SN04322792-W 20161110/161108234234-90dc128f96d4494a2df384d61aca3564 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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