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FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 12, 2019 FBO #6500
DOCUMENT

65 -- NX EQUIPMENT - STEAM STERILIZER - Attachment

Notice Date
9/10/2019
 
Notice Type
Attachment
 
NAICS
339112 — Surgical and Medical Instrument Manufacturing
 
Contracting Office
Department of Veterans Affairs;West Palm Beach VA Medical Center;7305 North Military Trail;Palm Beach Gardens FL 33410-6400
 
ZIP Code
33410-6400
 
Solicitation Number
36C24819Q1524
 
Response Due
9/13/2019
 
Archive Date
10/13/2019
 
Point of Contact
Jose L Delgado
 
Small Business Set-Aside
N/A
 
Description
(i) 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. The Department of Veterans Affairs, VA Medical Center at Miami, FL has a need for a Steam Sterilizer or equal. The system is needed to serve as a microcomputer-controlled steam sterilizer that offers the option of either prevacuum or gravity displacement cycles for sterilization of laboratory, research and animal care supplies. (ii) The combined synopsis solicitation number is 36C24819Q1524. It is issued as a Request for Quotation (RFQ). (iii) This combined synopsis solicitation RFQ and the provisions and clauses incorporated are those in effect through Federal Acquisition Circular 2005-95. (iv) The combined synopsis solicitation is 100% Set-Aside for Service Disabled Veteran Owned Small Business (SDVOSB) following - cascade procedures. The NAICS is 339112. Business size standard is 1000 employees. Note, interested Service Disabled/Veteran Owned Small Business [SDVOSB/VOSB] Offerors must be listed and registered in Vetbiz.gov to be considered for award. (v) This combined synopsis solicitation is for a Steam Sterilizer or equal, for the Miami VA Medical Center the Steam Sterilizer (Getinge Model 533LS-E (single door, rack & 2 shelves)catalog# 5SSVUMLRCAAA) being our baseline. Name Brand or Equal to products are to be provided in accordance with FAR 52.211-6. Any or equal response shall include manufacturer plus parts list, along with details on how such item(s) match or exceed the salient characteristics. Responses shall be on an all or none bases, no partial submission. The Government reserves the right to make no award at all. (vi) A description of the items to be acquired is as follows: 1. Getinge 533LS-E Microcomputer controlled steam sterilizer Autoclave (Steam Sterilizer) must meet or exceed following minimum specifications and provide for installation and training: a. Autoclave (Steam Sterilizer) may not exceed dimensions of 74"H X 30"W X 44"D required to accommodate the placement, installation, hookup, available footprint space and height restrictions of autoclave installation location; b. Autoclave (Steam Sterilizer) must have a rectangular internal chamber with minimum dimensions of 21H" X 21W" X 38D" with rack including an adjustable/removable shelf to accommodate existing containment trays in use; c. A Autoclave (Steam Sterilizer) must have a manual sliding door; d. Autoclave (Steam Sterilizer) must be able to connect to In-house Steam System of 60 psi using 3/4-inch steam hose and use water-ejector vacuum; e. Autoclave (Steam Sterilizer) must have minimum of 18 programmable cycles using prevacuum or gravity displacement cycles for sterilization; f. Autoclave (Steam Sterilizer) must have Touch Screen interface for selection of programs; g. Programming settings must provide password protection capability. h. Required Installation Service includes dismantling and removal of existing autoclave being replaced, unpacking and moving new autoclave to autoclave room, installation to include leveling of unit and testing for proper operation. Installation must be provided by manufacturer certified personnel capable of safe autoclave installation procedures. SCA Wage Determination No.: 2015-4285 Revision No.: 6 applies to installation. i. Training on operation. (vii) Equipment delivery is as follows: 1201 NW 16th St, Miami, FL 33125. (viii) Provision 52.212-1, Instructions to Offerors Commercial (Oct 2015), applies to this acquisition. Addendum to FAR 52.212-1 Instructions to Offerors Commercial Items: Offerors are to e-mail complete quotes to Contracting Officer at jose.delgado3@va.gov no later than 11:59 PM EST on September 13, 2019. All provisions and clauses applicable to this solicitation can be viewed in full text using the following web addresses: http://www.acquisition.gov/far/index.html and http://www.va.gov/oal/library/vaar/ (ix) Provision 52.212-2, Evaluation Commercial Items (OCT 2014), applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price considered. The following factors shall be used to evaluate offers: Price Meet or exceed salient characteristics Price and technical acceptability as applicable will be determined in accordance with the salient characteristics provided (Please see item description and salient characteristics listed above). The Government has determined in advance that the Best Value will be the offer with the lowest evaluated price among those offers rated technically acceptable. Government will conduct comparative evaluations of all quotes and award to the vendor which represents the best value on the basis of price and technical acceptability. Once the government determines that there is a vendor that is the best suited to meet the requirements of this RFQ; the government reserves the right to communicate with only that vendor to address any remaining issues. ADDENDUM 1 to 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) Small Business Set-Aside CASCADE PROCEDURE 1. Any award(s) resulting from this solicitation will be made using the following cascade order of precedence: 1.1. In accordance with FAR Subpart 19.14 and PL 109-461, award under this solicitation will be made on a competitive basis to qualified, responsible, eligible Service Disabled Veteran Owned Small Business (SDVOSB) concerns (see Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) FAR 52.219-1, Small Business Program Representations for small business size definition) who submits a responsive offer, provided that there is adequate competition among such firms and award can be made at a reasonable price. 1.2. Make award to an eligible SDVOSB at a fair and reasonable price in accordance with FAR 19.202-6. 1.3. If award cannot be made to a SDVOSB concern at a fair and reasonable price, award will be made to an eligible Veteran Owned Small Business (VOSB) concern at a fair and reasonable price. 1.4. If award cannot be made to a VOSB concern at a fair and reasonable price, award will be made to a HUBZone, Woman-Owned Small Business (WOSB) or small business concern. 1.4. If award cannot be made to a HUBZone or WOSB, or small business concern at a fair and reasonable price, award will not be made as a small business set-aside. 1.5. If fair and reasonable pricing cannot be established with any small business concern, then award will be made to other than a small business on the basis of full and open competition considering all responsive quotes submitted by responsible business concerns. 1.6. Award can be made if only one quote is received, and that quote is a fair and reasonable price and from a vendor that is qualified, responsible, and eligible. 1.7. Pricing will be firm fixed price for each line item identified. After receipt of quotes, a determination shall be made of which quote(s) are in the competitive range for the purpose of conducting written and/or oral discussions, if necessary. Offerors should note that award may be made on the initial quote. END OF ADDENDA TO 52.212-2 ADDENDUM 2 to 52.212-2 (a) Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable. (b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions. (c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items. (x) 52.212-3 Offeror Representations and Certifications Commercial items (MAY 2014) applies to this acquisition. It is advised that Offerors include a completed copy of the provision at 52.212-3 Offeror Representation and Certification Commercial Items (FEB 2016) with their offer. Provision at 52.212-3 Offeror Representation and Certification can be accessed electronically at the following web address: http://www.acquisition.gov/far/index.html (xi) Clause 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. (xii) Clause 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders Commercial Items (APR 2015) applies to this acquisition. (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (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) (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: [x] (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 (APR 2010) (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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (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). [x] (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). [x] (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. [x] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3). [x] (17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (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 (OCT 2014) of 52.219-9. [] (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)). [x] (20) 52.219-16, Liquidated Damages Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [X] (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 Representation (Jul 2013) (15 U.S.C 632(a)(2)). [] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [] (24) 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] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (26) 52.222-19, Child Labor Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). [x] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (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 (JUL 2014) (38 U.S.C. 4212). [x] (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). [x] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 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) (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.) [X] (36) (i) 52.223-13, Acquisition of EPEAT -Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-13. [] (37) (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. [] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). [] (39) (i) 52.223-16, Acquisition of EPEAT -Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [X] (41) 52.225-1, Buy American Supplies (MAY 2014) (41 U.S.C. chapter 83). [] (42) (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. [] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) 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. 4505, 10 U.S.C. 2307(f)). [] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [X] (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 (MAY 2014) (31 U.S.C. 3332). [] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (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) 52.222-17, Non-displacement 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 2014) (Executive Order 13658). [] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [] (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (End of Clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of Clause) VAAR 852.246-70 GUARANTEE (JAN 2008) The contractor guarantees the equipment against defective material, workmanship and performance for a period of duration of lease, 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) (xiii) Statement regarding any Additional Provisions and Clauses, or other terms and conditions important to the requirement/procurement process consistent with commercial practices: Provisions in full text: 52.225-18 Place of Manufacture (MAR 2015). (a) Definitions. As used in this clause Manufactured end-product means any end product in product and service codes (PSCs) 1000-9999, except (1) FPSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly (1) [] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [] Outside the United States. (End of provision) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998). 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://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ (End of provision) 852.252-70 Solicitation provisions or clauses incorporated by reference (JAN 2008). The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer. (End of provision) 52.217-5 EVALUATION OF OPTIONS (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of one firm-fixed-price contract resulting from this solicitation. (End of Provision) 52.233-2 SERVICE OF PROTEST (SEP 2006) 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: Jose Delgado Contracting Specialist Hand-Carried Address: Department of Veterans Affairs West Palm Beach VA Medical Center Woodbine Suite 4 7721 North Military Trail Palm Beach Gardens FL 33410-6400 Mailing Address: Department of Veterans Affairs West Palm Beach VA Medical Center Woodbine Suite 4 7721 North Military Trail Palm Beach Gardens FL 33410-6400 (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) VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation. (End of Provision) VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer. (End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows: Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs 810 Vermont Avenue, N.W. Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management: Director, Office of Construction and Facilities Management 811 Vermont Avenue, N.W. Washington, DC 20420 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008) The supplies or equipment required by this invitation for bid or request for proposal must conform to the standards of the Federal, State, Local, Industry and manufacturer as to any and all applicable legal or otherwise doctrine. The successful bidder or offeror will be required to submit proof that the item(s) he/she furnishes conforms to this requirement. This proof may be in the form of a label or seal affixed to the equipment or supplies, warranting that they have been tested in accordance with and conform to the specified standards. Proof may also be furnished in the form of a certificate from one of the above listed organizations certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards. (End of Provision) VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor. (End of Provision) VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary. (End of Provision) Provisions incorporated by reference are: - 52.203-11 Certification and Disclosure regarding payments to Influence Certain Federal Transactions (SEP 2007); - 52.204-7 System for award management (JUL 2013) - 52.204-16 Commercial and Government Entity Code Reporting (NOV 2014) - 52.204-17 Ownership or Control of Offeror (NOV 2014) - 52.211-6 Brand Name or Equal (AUG 1999) - 52.212-1 Instructions to Offerors Commercial Items (APR 2014); - 52.225-25 Prohibition on Contracting with entities engaging in certain activities or transactions relating to Iran Representation and Certification (DEC 2012) Clauses in Full Text: 52.252-2 Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, withthe 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://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ (End of clause) Clauses Incorporated by Reference: - 52.204-13 System for Award Management Maintenance (JUL 2013) - 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2015) - 52.222-20 Contracts for materials, supplies, articles, and equipment exceeding $15,000.00 (MAY 2014); - 52.232-1 Payments (APR 1984); - 52.232-8 Discounts for prompt payment (FEB 2002); - 52.243-1 Changes Fixed Price (AUG 1987); - 852.203-70 Commercial Advertising (JAN 2008); - 852.246-71 Inspection (JAN 2008); - 852.215-71 Evaluation Factor Commitments (DEC 2009) (xiv) DPAS is N/A (xv) The RFQ is due no later than 23:59 PM EST on August 27, 2019 by e-mail at Jose.delgado3@va.gov. Offers received after the exact time specified in the solicitation are considered late and may be considered if the action would not unduly delay the acquisition or are deemed to be in the best interest of the Government. (xvi) For further information contact the Contracting Officer Jose Delgado via email at jose.delgado3@va.gov. All request for information must be in writing. No phone calls will be accepted during the solicitation. Contracting Office Address: 7305 North Military Trail, West Palm Beach, FL 33410-6400 Point of Contact(s): Jose Delgado Contracting Officer: Jose Delgado ADDENDA 2 to 52.212-2 (a) Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable. (b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions. (c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.
 
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File Name: 36C24819Q1524 36C24819Q1524.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=5146848&FileName=36C24819Q1524-000.docx)
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