DOCUMENT
65 -- 36C249-18-AP-0435 Refurbished ORS Solutions Slush Machine Refurbished ORS-2057D fluid warming system - Attachment
- Notice Date
- 6/26/2018
- Notice Type
- Attachment
- NAICS
- 339112
— Surgical and Medical Instrument Manufacturing
- Contracting Office
- Department of Veterans Affairs;Network Contracting Office 9;1639 Medical Center Parkway;Suite 400;Murfreesboro TN 37129
- ZIP Code
- 37129
- Solicitation Number
- 36C24918Q9483
- Response Due
- 6/29/2018
- Archive Date
- 7/14/2018
- Point of Contact
- Christina Lawrence
- E-Mail Address
-
INA.LAWRENCE2@VA.GOV<br
- Small Business Set-Aside
- Veteran-Owned Small Business
- Description
- 12 Page 12 of 12 Combined Synopsis Solicitation General Information Document Type: RFQ RFQ Number: 36C24918Q9483 Posted Date: 6/26/2018 Response Date: 6/29/2018 @ 10 AM CST Classification Code: 6515 Set Aside: Veteran Owned Small Business NAICS Code: 339112 Contracting Office Address Network Contracting Office 9 ATTN: Christina Lawrence Department of Veterans Affairs Contracting Office, 4th floor 1639 Medical Center Parkway Murfreesboro, TN 37129 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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. This is a request for quotations (RFQ). The quote document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97 / 01-24-2018. The associated North American Industrial Classification System (NAICS) code for this procurement is 339112, with a small business size standard of 1,000. The Network Contracting Office 9 is seeking a contractor that will provide the necessary respiratory equipment for that meets all requirements below. All questions regarding this RFQ must be in writing and may be sent by e mail to Christina.lawrence2@va.gov Questions must be received no later than June 28, 2018 at 2:00 PM CST. No further questions will be accepted after that date and time. You are reminded that representatives from your company SHALL NOT contact any VA Medical Center employees to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer. All interested companies shall provide a brand name or equal quotation for the following: Schedule: CLIN Item Description Quantity Price Total Price 0001 Refurbished ECOLAB Surgical Slush Machine - ORS 1075 (Brand name or Equal) Refurbished/CBET tested (patient-ready) 1 0002 Refurbished ECOLAB Fluid warming system ORS 2057D Refurbished/CBET tested (patient-ready) 1 0003 Freight charge 1 TOTAL PRICING 1. If shipping ORIGIN: Must indicate on Quote Otherwise Purchase order will be processed as destination 2. All Offers and responses must be submitted electronically 3. Preference: will be IAW FAR Part 13.003 (b)(1). 4. Brand Name or Equal 5. Requesting Service will review submitted quotes as Technical experts to determine if technically acceptable. 6. Quotes will not be accepted after deadline. 8. At this time frame, no extension on closing date 9. Quotes MUST be returned on Solicitation document attached to this RFQ. 10. Also your quote must list your DUNS number, CAGE code, and Federal TIN with Company name, POC, and phone number. If you need to obtain or renew a DUNS number or CAGE code, please visit www.sam.gov. Lack of registration in the SAM database will make an offeror ineligible for award. QUOTE FORMAT AND EVALUATION CRITERIA Offerors shall complete the above pricing schedule. Not completing the pricing will result in unsuccessful quote. Price will be evaluated based on the lowest summary price. Offerors shall provide only one quote. Non-compliance with this requirement will result in disqualification of both quotes. The Government intends to award a contract resulting from the RFQ. Award will be made on the basis of the lowest evaluated price of a quote meeting the acceptability standards for non-cost factors, and deemed to be responsible. Quotes shall be evaluated for acceptability or unacceptability. Quotes must have the following items; those that do not shall receive a NO GO and will be considered non-responsive. To be considered for this award the quote provided must contain the following as a minimum: Technical Requirements that the Contractor Shall Provide: Technical: Offerors shall include in their quote a plan that contains a technical solution for providing the necessary equipment for the above requirement. The aforementioned requirement is GO/NO GO. Quotes shall be submitted via e-mail. All vendors must be registered and complete all entries in the System for Award Management (SAM) in order to be considered for award. Potential vendors may register at the following web site: https://www.sam.gov/portal/public/SAM/ Vendors shall provide a minimum quote acceptance period of 90 days after RFQ closing for offers Award The offeror s initial quote should contain the offeror s best terms from a price standpoint. Offerors are cautioned to submit sufficient information and in the format specified in the quote instructions. Offerors may be contacted to resolve minor or clerical errors and the Contracting Officer reserves the right to award without further conversations. Place of Performance Robley Rex VA Medical Center 800 Zorn Avenue Louisville, KY 40206 The Basic Period of Performance: The period of performance is 30 Days ARO. The government intends to award a contract as a result of this RFQ that will include the terms and conditions set forth herein. To facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the RFQ are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the RFQ are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Quoter shall list exception(s) and rationale for the exception(s). Offerors must complete annual representations and certifications on-line at http://www.acquisition.gov in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. The following Federal Acquisition Regulation (FAR), provisions and clauses apply to this solicitation and are incorporated by reference (provisions and clauses may be obtained via the internet: http://farsite.hill.af.mil, http://www.arnet.gov/far/, or http://safaq.hq.af.mil/contracting): This is a request for quotations (RFQ). The quote document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97 / 01-24-2018. 52.216-1 Type of Contract The Government contemplates award of a Firm Fixed Priced contract resulting from this RFQ. (End of Provision) 52.233-2 Service of Protest (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Network Contracting Office 9 Thomas Allman, 1639 Medical Center Pkwy, 4th floor, Murfreesboro TN 37129. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) The following contract clauses and provisions apply to this acquisition: FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights FAR 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. FAR 52.204-7, System for Award Management 52.204-13 System for Award Management Maintenance FAR 52.212-1, Instruction to Offerors-Commercial Items and addendum on Pg. 11 FAR 52.212-3, Offerors Representations and Certifications Commercial Items APR 2012 FAR 52.212-4, Contract Terms and Conditions Commercial Items FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders FAR 52.203-3 Gratuities, FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.219-28 Post Award Small Business Program Representation, FAR 52.222-3, Convict Labor FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies FAR 52.222-21, Prohibition of Segregated Facilities, FAR 52.222-26, Equal Opportunity FAR 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era FAR 52.222-36, Affirmative Action for Workers with Disabilities FAR 52.222-37 -- Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.232-33 Payment By Electronic Funds Transfer-System for Award Management FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.217-8, Clauses Incorporated by Reference FAR 52.252-2, Clauses Incorporated by Reference FAR 52.225-13 -- Restrictions on Certain Foreign Purchases FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.237-1, Site Visit FAR 52.247-34, F.O.B. Destination 852.203-70 Commercial Advertising 852.203-71 Display of Department of Veterans Affairs Hotline Poster 852.211-70 Service Data Manuals 852.232-72 Electronic Submission of Payment requests 852.233-70 Protest content/alternative dispute resolution 852.233-71 Alternate protest procedure 852.246-71 Inspection 852.252-70 Solicitation provisions or clauses incorporated by reference 852.270-1 Representatives of contracting officers 52.222-55 -- Minimum Wages Under Executive Order 13658. As prescribed in 22.1906, insert the following clause: Minimum Wages Under Executive Order 13658 (Dec 2014) (a) Definitions. As used in this clause-- United States'' means the 50 states and the District of Columbia. Worker'' (1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and (i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), (ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541, (iii) Regardless of the contractual relationship alleged to exist between the individual and the employer. (2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c). (3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (b) Executive Order Minimum Wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015. (2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this contract. (i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subcontract costs. Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit. (ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment. (iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. (4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. (6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions. (7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof. (8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart. (9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. (10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips. (c) (1) This clause applies to workers as defined in paragraph (a). As provided in that definition-- (i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker; (ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and (iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered. (2) This clause does not apply to-- (i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts; (ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-- (a) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a). (b) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b). (c) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541). (d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker: (i) Name, address, and social security number; (ii) The worker's occupation(s) or classification(s); (iii) The rate or rates of wages paid; (iv) The number of daily and weekly hours worked by each worker; (v) Any deductions made; and (vi) Total wages paid. (2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer. (3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator. (4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected. (5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law. (f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours. (g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause. (h) Disputes. Department of Labor has set forth in 29 CFR 10.51,Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives. (i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding. (j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers. (k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. (End of clause) 52.246-4 -- Inspection of Services -- Fixed-Price (a) Definition: Services, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. (c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work. (d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. (e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -- (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) Reduce the contract price to reflect the reduced value of the services performed. (f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -- (1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or (2) Terminate the contract for default. 52.233-1 Disputes. Disputes (a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) Claim, as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor. (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer s decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor s specific reasons for rejecting the offer. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. (End of clause) 852.237-70 Contractor responsibilities. The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Tennessee. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from. (End of Clause) Points of Contact Contracting Specialist Name: Christina Lawrence Organization: NCO 9 Phone No.: 615-225-3426 E-Mail Address: Christina.lawrence2@va.gov Contractor Point of Contact: Contractor Legal Business Name: TO BE DETERMINED DUNS: AGE CODE: Contractor POC: E-Mail Address: Phone Number: Fax Number:
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- Document(s)
- Attachment
- File Name: 36C24918Q9483 36C24918Q9483.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=4429037&FileName=36C24918Q9483-000.docx)
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- Place of Performance
- Address: Department of veterans Affairs;800 Zorn Avenue;Louisville
- Zip Code: 40206
- Zip Code: 40206
- Record
- SN04969084-W 20180628/180626231042-a45d6b705d58a332629e8a32a1eeac05 (fbodaily.com)
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