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FBO DAILY - FEDBIZOPPS ISSUE OF DECEMBER 01, 2017 FBO #5852
DOCUMENT

65 -- AQUARIUS URODYNAMICS ANALYZER - BRAND NAME ONLY - Attachment

Notice Date

11/29/2017
 

Notice Type

Attachment
 

NAICS

339112 — Surgical and Medical Instrument Manufacturing
 

Contracting Office

Department of Veterans Affairs;Network Contracting Office NC02;2875 Union Road, Suite 3500;Cheektowaga, NY 14227
 

ZIP Code

14227
 

Solicitation Number

36C24218Q0092
 

Response Due

12/8/2017
 

Archive Date

12/11/2017
 

Point of Contact

IDALIA ALGARIN
 

E-Mail Address

7-1460
 

Small Business Set-Aside

Veteran-Owned Small Business
 

Description

FedBizOpps Combined Synopsis/Solicitation Notice * * * * * * * CLASSIFICATION CODE SUBJECT CONTRACTING OFFICE'S ZIP-CODE SOLICITATION NUMBER RESPONSE DATE (MM-DD-YYYY) ARCHIVE DAYS AFTER THE RESPONSE DATE RECOVERY ACT FUNDS SET-ASIDE NAICS CODE CONTRACTING OFFICE ADDRESS POINT OF CONTACT (POC Information Automatically Filled from User Profile Unless Entered) DESCRIPTION * See Attachment AGENCY'S URL URL DESCRIPTION AGENCY CONTACT'S EMAIL ADDRESS EMAIL DESCRIPTION ADDRESS POSTAL CODE COUNTRY ADDITIONAL INFORMATION GENERAL INFORMATION PLACE OF PERFORMANCE * = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 65 AQUARIUS URODYNAMICS ANALYZER 14215 36C24218Q0092 12-08-2017 3 N 13 339112 Department of Veterans Affairs Network Contracting Office NC02 2875 Union Road, Suite 3500 Cheektowaga, NY 14227 Idalia Algarin idalia.algarin@va.gov 585-297-1460 x 72395 Syracuse VAMC 800 Irving Avenue Syracuse, NY 13210 USA Page 5 of 16 Page 5 of 16 COMBINED SYNOPSIS/SOLICITATION AQUARIUS URODYNAMIC SYSTEM SYRACUSE VA MEDICAL CENTER This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in FAR Subpart 12.6 and 13.106, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. This solicitation contains BRAND NAME specifications. Only brand name AQUARIUS items will be considered as specified in paragraph VII. Only brand name AQUARIUS items are requested in accordance with FAR SubPart 6.302-1. No other supply by any other manufacturer will meet agency requirements. (iii) This solicitation is issued as a request for quote (RFQ). Request for Quote will be submitted through fedbizopps.gov on RFQ reference number 36C24218Q0092. (iv) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96. (v) This procurement is being issued as 100% set-aside for VETERAN OWNED SMALL BUSINESSES (VOSB). It is the Government s intent to issue a firm fixed price, single award as a result of this solicitation. The North American Industry Classification System (NAICS) code is 339112, Surgical and medical instrument manufacturing, with a small business size standard of 1000 employees. This solicitation is 100% set-aside for VOSBs. (vi) The Contractor shall provide all parts necessary to deliver an Aquarius Urodynamic System manufactured by Aquarius and specified below. The requested products shall be delivered in new and unused/unopened condition. (vii) Description of requirement: The contractor shall provide as manufactured by Aquarius: Description QTY PRICE Aquarius CT Urodynamic Analyzer System   1 1 Installation Training 1 day in-service (viii) REQUIREMENT/SALIENT CHARACTERISTICS/SPECIFICATIONS Common Nomenclature (commercial description):     Comprehensive urodynamic software suite; retrospective patient and study data analysis; manages appointments, previous visits, patient information and test data providing security and efficiency; 45 software features providing a full range of testing abilities kind of material (i.e., type, grade, alternatives, etc.):   desk top computer, software, cables, printer Electrical Data:   110v Dimensions, size, capacity:   L = 36 (90.0cm) W = 26 (66.0cm) H = 48 (120.0cm) Principles of operation: uroflow Transducer Water Pressure Transducers Electronic Pressure Transducers Infusion Transducer UPP Puller EMG Restrictive environmental conditions:   Transport and Storage Conditions - Temperature: -10 °C to 50 °C (14 °F to 122 °F) Humidity: 20% to 80% relative humidity (non-condensing) Pressure: 700hPa to 1014hPa Operating Conditions - Temperatures: 15 °C to 35 °C (59 °F to 95 °F) Humidity: 30% to 75% relative humidity (non-condensing) Pressure: 700 hPa to 1014hPa Intended use:   Veteran ordered testing in the Urodynamic clinic End item application:   Veteran ordered testing in the Urodynamic clinic Original equipment manufacturer part number:   AQS2000-S Other pertinent information that describes the item, material or service required: Class I Type BF Applied Parts Mode of Operation Continuous Equipment not suitable for use in the presence of a Flammable Anesthetic Mixture with Air or Oxygen or Nitrous Oxide. Equipment Compatibility: Food and Drug Administration Code of Federal Regulations 21 CFR 820 Quality System Regulation. European Medical Devices Directive 93/42/EEC SOR/98-282 Health Canada Medical Device Regulations Standards EN ISO 13485:2012 (EU) ISO 13485:2003 CAN/CSA ISO 13485:2003 (Canada)EN ISO 14971:2012 EN 60601-1:2006 EN 60601-1-2:2007 EN 60601-1-6:2010 EN 62304:2006 EN 62366:2008 EN ISO 15223-1:2012 EN ISO 7010:2012 EN 1041:2008 UL 60601-1:2003, excluding electromagnetic compatibility (Clauses 6.8.2 and 36), and Biocompatibility (Clause 48) and Programmable Electronic Systems (Clause 52.1) CAN/CSA C22.2 No. 601.1-M90, excluding electromagnetic compatibility (Clauses 6.8.2 and 36), and Biocompatibility (Clause 48) and Programmable Electronic Systems (Clause 52.1) CAN/CSA C22.2 No. 60601-1:2008, excluding Usability (clauses 7.1.1 and 12.2), Electromagnetic compatibility (clauses 7.9.2.2 and 17) Programmable Electrical Medical Systems (clause 14), and Biocompatibility (clause 11.7) ANSI/AAMI ES 60601-1:2005/A2:2010, excluding Usability (clauses 7.1.1 and 12.2), Electromagnetic Compatibility (clauses 7.9.2.2 and 17) Programmable Electrical Medical Systems (clause 14), and Biocompatibility (clause 11.7) Other unique requirements or considerations, e.g.: In-service kit is to be included. Warranty:   1 year parts and labor Training:   Installation and 1 day in-service both required to happen on a Friday; training to be provided on the same day as installation. Service and/or Maintenance:   Available for purchase after warranty period Safety/ISO/IT/BioMed/SPS & Other Departmental Compliance:   Service manuals to be included with delivery. Delivery FOB Destination All items in this purchase will be delivered to the VA warehouse during normal working hours, be accepted by a VA employee in the warehouse who in conjunction with an A&MM employee will check in all items Signed receipt of delivery with any exceptions or back orders clearly stated Acceptance of the Aquarius Urodynamic Analyzer System will be inspected and accepted in the warehouse by a representative from A&MM and the BioMed representative. (xii)   EVALUATION: In accordance with FAR 52.212-2. Quotes will be evaluated based upon Lowest Price Technically Acceptable.   Technical acceptability is based upon technical acceptability, delivery and installation lead time, and past performance. Pricing will also be evaluated. Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions Security All vendor representatives will check in at the Police Dispatch Office A VA employee will escort the representative to S-114 and turn (s)he over to the urodynamic clinic employee Billing/Invoicing OB10 e-Invoice Setup Information: 1-877-489-6135 OB10 e-Invoice email: VA.Registration@ob10.com FSC e-Invoice Contact Information: 1-877-353-9791 FSC e-invoice email: vafsccshd@va.gov Tungsten Network: http://www.tungsten-network.com/us/en/veterans-affairs Only offers meeting the above specifications shall be considered. RFQ Responses should consider/include any shipping costs into quotes. Shipping will not be paid for as a separately billable line item. (ix) Awardee shall coordinate with the Program POC to set up installation and training upon award FOB Destination- 30 Days ARO Syracuse VAMC 800 Irving Avenue Room S-114 Syracuse, NY 13210 (x) Instructions to Offerors: Quote packages must include the following or responses will be considered non-responsive: Pricing Proof of Aquarius distribution authority (xi) Quotes are required to be received NO LATER THAN 10:00 AM EDT, Friday, December 8, 2017. Quotes and supporting documentation must be e-mailed to Idalia Algarin at idalia.algarin@va.gov. (xii) Direct your questions in writing to Idalia Algarin, Contracting Specialist at: idalia.algarin@va.gov. 14 Page 14 of 17 Page 14 of 17 CLAUSES AND PROVISIONS A.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (JAN 2017) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (3)52.212-3 (provision) Offerors Representations and Certifications-Commercial Items. (4) 52.212-4 (clause) Contract Terms and Conditions--Commercial Items. (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). [] (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 (OCT 2016) (Pub. L. 109 282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (6) 52.204 14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). [] (7) 52.204 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (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. (OCT 2015) (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). [] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [] (ii) Alternate I (NOV 2011) of 52.219-3. [] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (ii) Alternate I (JAN 2011) of 52.219-4. [] (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 (NOV 2016) (15 U.S.C. 637(d)(2) and (3)). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (NOV 2016) of 52.219-9. [] (iii) Alternate II (NOV 2016) of 52.219-9. [] (iv) Alternate III (NOV 2016) of 52.219-9. [] (v) Alternate IV (NOV 2016) of 52.219-9. [] (19) 52.219-11 -- Special 8(a) Contract Conditions [] (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 (JAN 2017) (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) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)). [] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)). [X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (26) 52.222 19, Child Labor Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). [] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). [] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. [] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). [] (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). [] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). [] (40)(i) 52.223-13, Acquisition of EPEAT ®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (OCT 2015) of 52.223-13. [] (41)(i) 52.223-14, Acquisition of EPEAT ®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (43)(i) 52.223-16, Acquisition of EPEAT ®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). [] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). [] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [] (ii) Alternate I (JAN 2017) of 52.224-3. [] (48) 52.225-1, Buy American Supplies (MAY 2014) (41 U.S.C. chapter 83). [] (49)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (MAY 2014) (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 (MAY 2014) of 52.225-3. [X] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) of 52.225-3. [] (50) 52.225 5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (52) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [X] (57) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (58) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). [] (62)(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) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (4) 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). [] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (6) 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). [] (7) 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). [] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). [] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). [] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [] (11) 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. (iv) 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. (v) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vi) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (x) 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. (xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (xii)(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). (xiii) 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). (xiv) 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). (xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). (xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xxi) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 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. (xxiii) 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) A.5 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) FAR Number Title Date 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL 2016 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC 2013 852.203-70 COMMERCIAL ADVERTISING JAN 2008 852.246-71 INSPECTION JAN 2008 A.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. (End of Clause) A.8 VAAR 852.246-70 GUARANTEE (JAN 2008) The contractor guarantees the equipment against defective material, workmanship and performance for a period of 1 year or the standard manufacturer warranty, whichever is later, said guarantee to run from date of acceptance of the equipment by the Government. The contractor agrees to furnish, without cost to the Government, replacement of all parts and material that are found to be defective during the guarantee period. Replacement of material and parts will be furnished to the Government at the point of installation, if installation is within the continental United States, or f.o.b. the continental U.S. port to be designated by the contracting officer if installation is outside of the continental United States. Cost of installation of replacement material and parts shall be borne by the contractor. (End of Clause) Chapter VI: Other Than Full and Open Competition (OFOC) SOP Attachment 4: Single Source Justification for SAP under $150K JUSTIFICATION FOR SINGLE SOURCE AWARDS IAW FAR 13.106-1 (OVER MICRO-PURCHASE THRESHOLD($3.5K) BUT NOT EXCEEDING THE SAT ($150K)) IAW FAR13.104, COs must promote competition to the maximum extent practicable to obtain supplies and services from the source whose offer is the most advantageous to the Government, considering the administrative cost of the purchase. When competition is not practicable, IAW FAR13.106-1(b), COs solicit from a single source for purchases not exceeding the simplified acquisition threshold. COs may solicit from one source if the CO determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). IAW FAR13.106-3(b)(3),COs are required to include additional statements explaining the absence of competition (see 13.106-1 for brand name purchases) if only one source is solicited and the acquisition does not exceed the simplified acquisition threshold (does not apply to an acquisition of utility services available from only one source) or supporting the award decision if other than price-related factors were considered in selecting the supplier. This template when completed can be used to document single source awards IAW FAR13.106-3(b) (3). Note: Statements such as "only known source" or "only source which can meet the required delivery date" are inadequate to support a sole source purchase. ACQUISITION PLAN ACTION ID: VA242-18-1P-1325 1A. PROJECT/TASK No. 1B. ESTIMATED AMOUNT: 2. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED AND THE INTENDED USE: The Veterans Health Administration, Syracuse VAMC requires an Aquarius Urodynamic System to use for bladder function testing in evaluating bladder pressures, capacity, emptying, and flow. Determines necessity for further testing, operative procedures, and appropriate follow up. Approximately 9-11 urodynamic tests are performed weekly at this VA facility. 3. UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED: The Aquarius urodynamic system is the only know system of its kind to have live annotation editing and compatibility with the current EMR system), so necessary changes can be done during the study, improving accuracy, avoiding having to go back after the study is completed to change event reporting, as would have to be done with the other brands. Aquarius Urodynamic system also has HIPAA compliant software and exclusively provides reverse compatible software format allowing for retrospective viewing of all saved patient files. It also exclusively offers one package including wireless catheters, wireless EMG, wireless uroflow. Reports would go directly into CPRS, eliminating the delay caused by printing the studies, then sending them for scanning, which sometimes takes weeks. They would be available immediately in CPRS. Data is archived, encrypted, can be transferred from current equipment to new. 4. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND RESULTS OR STATEMENT WHY IT WAS NOT CONDUCTED: Aquarius system was compared to Morpheus (similar product) as part of Market Research which was determined to not meet the requesters need due to non-compatibility with EMR system. Searched of FBO and comparable products/sources was completed and sole source nature of this requirement has been found to be valid. 5. Contracting Officer's Certification: Purchase is approved in accordance with FAR13.106-1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. Note: COs are required to make a determination of price reasonableness IAW FAR 13.106-3. See the Commercial Supply and Service SOP for Price Reasonableness templates. Signature: ______________________________ Date:____11/28/2017________________ Name:_____Idalia Algarin_____________________________ Title:____Contracting Specialist _________________________ NCO:______________02___________________
 

Web Link

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Document(s)

Attachment
 

File Name: 36C24218Q0092 36C24218Q0092_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3931569&FileName=36C24218Q0092-001.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3931569&FileName=36C24218Q0092-001.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: SYRACUSE VAMC;800 IRVING AVENUE;SYRACUSE, NY

Zip Code: 13210
 

Record

SN04751751-W 20171201/171129231329-ebbbe53f26a04d401f473466912331e7 (fbodaily.com)
 

Source

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