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COMMERCE BUSINESS DAILY ISSUE OF MARCH 26,1997 PSA#1810

Department of Veterans Affairs Medical Center, 50 Irving Street, N.W., Washington, DC 20422

65 -- DIALYZERS SOL IFB 688-49-97 DUE 040797 POC Tyrone Lassiter, Contracting Officer, (202) 745-8467 Invitation for Bids No. 688-49-97 is a combined synopsis/solicitation for commercial items for the Veterans Affairs Medical Center (VAMC) in Washington, DC, prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information in this notice (SIC4953). This announcement constitutes the only solicitation; bids are being requested and a written solicitation WILL NOT BE ISSUED. Contract performance period will be for one year from the date of award and is subject to the availability of funds. Contract may be amended for two (2)one year options in accordance with the clause at 52.217-9, Option to Extend the Term of the contract. Contractor shall provide the following dialyzers under the terms, conditions, provisions and the schedule of this solicitation. The items are to be delivered F.O.B. destination to the department of Veterans Affairs Medical Center, 50 Irving Street, N.W., Washington, DC. All Dialyzers must be biocompatible, utilizing either Polysulfone or POLYMETHYLMETHACRYLATE ( PMMA) as the membrane, and must be compatible with the Fresenius 2008E, Fresenius 2008H, and the Cobe Centrysystem 3, Dialysis Machines.SCHEDULE OF SUPPLIES: [1] Dialyzers for Hemodialysis Treatments: Disposables High Flux/High Efficiency Dialyzers (High Permeability) (Comparable to the Fresenius F80 Dialyzer Or Equal) Manufacturer's Brand Name/Model No.: Estimated Quantity: 3500, Unit: EA Total Cost $__ __[2] Dialyzers (High Permeability) (Comparable to the Fresenius F8 -- Kidney or equal) Manufacturer's Brand Name/Model No.:____Quantity: 6500, Unit: EA, Total Cost: $ ; [3] Dialyzers (High Permeability) (Comparable to the Fresenius F6 or Equal) Manufacturer's Brand Name/Model No.:, Quantity: 750, Unit: EA, Total Cost $ . Bidders shall submit an Aggregate Total for items 1 through 3 for the Base Year (12 mos.) $__ __, Option Year I (12 mos.) $__ __ & Option Year II (12 mos.) $__ ___, and a Grand Total for all three (3) years$__ __. Bidder shall state a total price for each item. Failure to state a price for each item may cause a bid to be found nonresponsive and rejected. DESCRIPTION/WORK STATEMENT: All items provided by the contractor shall be new. All dialyzers must be compatible with the following dialysis machines located at the VA Medical Center, Washington, DC, the Fresenius2008E, the Fresenius 2008H and the Cobe -- Centrysystem 3. The dialyzers must be biocompatible and of differing sizes to treat patients with acute renal failure, patients with chronic renal failure requiring high flux dialysis and patients with chronic renal failure who are initiating dialysis or who do not require high flux dialysis. Dialysis treatment is individualized according to residual renal function, concomitant medical problems and Kt/V or urea reduction ratio measurements. Salient Characteristics of the High Permeability Dialyzer required under this solicitation is a device that is used as a part of an artificial kidney system for the treatment of patients with renal failure or toxemic conditions, and that must contain a noncellulosic,biocompatible membrane, made from either of the following synthetic polymers: POLYSULFONE or POLYMETHYLMETHACRYLATE (PMMA). These high hydraulic permeability membranes have the capacity to assist in preventing the production and enhancing the removal of beta-2 micro globulin during dialysis treatments and do not activate the complement system. The dialysis membrane must not be known to cause adverse events inpatients receiving angiotensin-converting enzyme inhibitors. The following brand name dialyzers meet the characteristics of the Dialyzers as required under this solicitation: Fresenius F80Dialyzer or Equal -- High Flux/High Efficiency; Fresenius F8 -- Kidney or Equal -Used for patients initiating dialysis or Not needing High Flux Dialysis; Fresenius F6 or Equal -- Used for patients initiating dialysis or Not needing High Flux Dialysis. 852.210-77 BRAND NAME OR EQUAL. (NOV 1984) (Note: as used in this clause, the term "brand name" includes identification of products by make and model.) (a) If items called for by this invitation for bids have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products (including products of the brandname manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation. (b) Unless the bidder clearly indicates in his bid that he is offering an `equal product, his bid shall be considered as offering a brand name product referenced in the invitation for bids. (c)(1) If the bidder proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the Invitation or Bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality or the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his/her bid as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information which is not identified in the bid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his/her bid all descriptive material (such as cuts, illustrations, drawings or other information) necessary for the purchasing activity to: (i) Determine whether the product offered meets the salient characteristics requirement of the Invitation for Bids, and (ii) Establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the purchasing activity. (2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he/she shall: (i) Include in his/her bid a clear description of such proposed modifications, and (ii) Clearly mark any descriptive material to show the proposed modifications. (3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered. The contractor shall notify the Government within 3 workdays of any notification by the manufacturer of any removal, recall or modification of supplies required under the contract. 52.216-18 ORDERING (APR 1984) (a)Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. Such orders may be issued for a period of one (1) year from date award or to any extended contract period date. (b)All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control. (c) If mailed, a delivery order is considered issued when the Government deposits the order in the mail. Orders may be issued orally or by written telecommunications only if authorized in the Schedule. The contractor shall submit invoices in triplicate with each delivery addressed to the Chief, Fiscal Officer (04),VA Medical Center, 50 Irving Street, N.W., Washington, DC 20422. 52 .216-19 Order Limitations (OCT 1995), (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 10%of the quantity shown under the Schedule of Supplies, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of 10%; (2) Any order for a combination of items in excess of 10%; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d)Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 52.212-9Variation in Quantity. (APR 1984) (a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading,shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below. (b) The permissible variation shall be limited to: 10%Percent increase or 10 Percent decrease. This increase or decrease shall apply to all estimated quantities indicated under the Schedule of Supplies for each line item. 52.217-6 Option for increased Quantity (MAR 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree. The following incorporated provisions and clauses are those in effect through FAC 90-45 and are applicable to this acquisition: 52.212-1, Instructions to Offerors -- Commercial Items; 52.212-5Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items: 52.222-3, Convict Labor (E.O. 11755) and 52.233-3, Protest After Award. The Contractor agrees to comply with the following FAR clauses are incorporated by reference and are applicable to acquisitions of commercial items or components: 52.203-6,Restrictions on Subcontractor Sales to the Government, with Alternate I; 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity; 52.216-21, Requirements, 52.217-5 Evaluation of Options, 52.212-10 Delivery of Excess Quantities, 52.232-1 Payments, 52.232-8 Discounts for Prompt Payment, 52.232-11 Extras, 52.232-17 Interest, 52.232-25 Prompt Payment, 52.232-28 Electronic Funds Transfer Payment Methods, 52..216-22 Indefinite Quantity,52.216-21 Requirements, 52.246-2 Inspection of Supplies -- Fixed-Price, 52.246-16Responsibility for Supplies, 852.210-72 Inspection, Rejected Goods, 52.212-13 Stop Work Order, 52.247-34 F.O.B. Destination, 52.225-3, Buy American Act -- Supplies; 52.225-9, Buy American Act -- Trade Agreements Act -- Balance of Payments Program; 52.225-17, Buy American Act -- Supplies Under European Community Sanctions for End Products; 52.225-18, European Community Sanctions for End Products; 52.225-19, European Community Sanctions for Services; 52.225-21, Buy American Act -- North American Free Trade Agreement Implementation Act -- Balance of Payments Program, 852.216-70, Estimated Quantities. All bid prices and information regarding this procurement must be received on company letterhead, in a SEALED ENVELOPE -- noting bid response to Invitation for Bid No. 688-48-97 is enclosed. All Envelopes shall be addressed to Tyrone Lassiter, Contracting Officer (90C), Room 1B112, VA MEDICAL Center, 50 Irving Street, NW, Washington, DC 20422. Bid opening is at 2:00 p.m. EST,April 9, 1997, FAXED bids will not be accepted. (0080)

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