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Combined Synopsis/Solicitation Notice

Page 2 of 2

Description
This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart (FAR) 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 document will not be issued.
This is a brand name only solicitation issued as a request for quotes (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-03 dated 5/26/2023 and VA Acquisition Regulation (VAAR) Update 2008-36.
This solicitation is 100% set-aside for small businesses.
The associated North American Industrial Classification System (NAICS) code for this procurement is 339113, with a small business size standard of 800 employees.
The FSC/PSC is 6515.

The Government will award a single firm-fixed price (FFP) contract to the responsive and responsible offeror whose offer, conforming to the synopsis/solicitation, will be most advantageous -i.e. Best Value- to the Government as determined by the solicitation evaluation criteria.
VA Network Contracting Office (NCO) 9, is seeking to purchase the services described below.
Any questions or concerns regarding this solicitation should be forwarded via email to sascha.hertslet@va.gov no later than 12:00pm, (ET), Tuesday, August 1, 2023, to give the Government an opportunity to respond and consider whether to extend the solicitation period.
Submit final offers electronically via email only not later than 11:00am, Central Time, 8/3/2023 to Sascha Hertslet, contracting officer, at sascha.hertslet@va.gov.
Contract terms are firm-fixed price, in English only, and in US Dollars rounded to the nearest hundredth position.
All interested companies must provide quotations for the following:


Products: (Brand Name)

CLIN P/N: Qty: UoM: Description:

1. 0694-400-100
9 EA
Surgicount+ Pole Mount Kit
2. 0694-002-090
9 EA
Sugicount+ Software License

Delivery Schedule: Offeror to provide estimate of earliest date when items can be delivered from order placement.

Place of Performance/Place of Delivery:
Tennessee Valley Healthcare System
1310 24th Avenue South
Bldg 205, Warehouse
Mark for: Surgery Service
Nashville, TN 37212

Basis for Award:

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on the factors given IAW FAR 52.212-1 and 52.212-2, and any amendments to those provisions resulting in a Contracting Officer decision for the quote most favorable i.e. Best Value- to the Government.

FAR 52.212-3, Offerors Representations and Certifications Commercial Items (Nov 2021)
Note: Offerors must complete annual representations and certifications online in the System for Award Management (SAM) in accordance with FAR 52.212-3. If paragraph (b)(2) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:
FAR 52.212-4, Contract Terms and Conditions Commercial Products and Commercial Services (Dec 2022)
Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order. List all clauses incorporated by reference in numeric order under 52.252- 2 (see below):

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)
FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)
FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
(End of Clause)
VAAR 852.203-70 Commercial Advertising (May 2018)
The Contractor shall not refer in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor s products or services or considers the Contractor s products or services superior to other products or services.
(End of clause)

VAAR 852.211-70 Equipment Operation and Maintenance Manuals (Nov 2018)
The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s) # 1 5 . The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.
(End of clause)
VAAR 852.212-71 Gray Market and Counterfeit Items (Feb 2023)
No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non- authorized dealers in an authorized sales territory.
No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.
(End of clause)

VAAR 852.232-72 Electronic Submission of Payment Requests (Nov 2018)
Definitions. As used in this clause-
Contract financing payment has the meaning given in FAR 32.001.
Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
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, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests;
Invoice payment has the meaning given in FAR 32.001; and
Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.
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.
Data transmission. A Contractor must ensure that the data transmission method and format are through one of the following:
VA s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
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)
Invoice requirements. Invoices shall comply with FAR 32.905.
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
Awards made to foreign vendors for work performed outside the United States;
Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of clause)

VAAR 852.242-71 Administrative Contracting Officer (OCT 2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation shall be furnished to the Contractor.
(End of clause)

VAAR 852.246-71 Rejected Goods (Oct 2018)
Supplies and equipment. Rejected goods will be held subject to Contractor s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor s address at the Contractor s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.
Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.
(End of clause)

VAAR 852.247-72 Marking Deliverables (Oct 2018)
The Government s contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.
Mark deliverables, except reports, for: Surgery Service

(End of clause)

VAAR 852.247-73 Packing for Domestic Shipment (Oct 2018)
Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.
(End of clause)

(End of Addendum to 52.212-4)

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (Mar 2023)
The following subparagraphs of FAR 52.212-5 are applicable:
(b) (8) 52.209-6, Protecting the Government s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021)
(10) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)
(19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

(21) 52.219.27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.632(a)(2))
(22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C 632(a)(2))
(26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C.637(a)(17))

(27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
(44) 52.223 18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513)
(48)(i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. Chapter 83)
p(51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(58) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Oct 2018) (31 U.S.C. 3332).
(60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(End of Clause)

PROVISIONS/CLAUSES:

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions and clauses apply to this acquisition:
FAR 52.204-7 System for Award Management (Oct 2018)
FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

(End of Clause)
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS
Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
FAR 52.204-7 System for Award Management (OCT 2018)
FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)
FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
FAR 52.204-26 Covered Telecommunications Equipment or Services- Representation (Oct 2020)

Addendum to FAR 52.212-1(b) Submission of Offers:

All quoters must also submit the following:

Authorized distributor letter from the Original Equipment Manufacturer (OEM) See VAAR 852.212-71 Gray Market and Counterfeit Items (Feb 2023)

Must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."
OR
"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters must list exception(s) and rationale for the exception(s), if any. Failure to include either statement is grounds for rejection of the offer.

Quote IAW 52.212-1(b)
Must show place of manufacture for all items to ensure compliance with Buy American Act.
Must show estimated delivery time from order placement

Any Shipping & Handling and/or Freight charges must be rolled into unit price and commented in the description box to the affected line item. No separate line item for this service.

Addendum to FAR 52.212-1(b)(8):

The Offeror must complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.

If the Offeror has not completed the annual representations and certifications electronically, the Offeror must complete only paragraphs (c) through (v)) of this provision.

Submit completed FAR_Reps&Certs-ConfirmationStatement.docx
(End of Addendum to 52.212-1)


52.212-1 Instructions to Offerors Commercial Products and Commercial Services (Mar 2023)
North American Industry Classification System (NAICS) code and small business size standard are stated in the combined synopsis/solicitation.
Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show-
The solicitation number;
The time specified in the solicitation for receipt of quotations;
The name, address, and telephone number of the quoter;
A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
Terms of any express warranty;
Price and any discount terms;
Remit to address, if different than mailing address;
A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3( b ) for those representations and certifications that the quoter must complete electronically);
Acknowledgment of Solicitation Amendments;
Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
If the quotation is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
Product samples. When required by the solicitation, product samples must be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples must be submitted at no expense to the Government, and returned at the sender s request and expense, unless they are destroyed during testing.
Multiple quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.
Late submissions
Quoters are responsible for submitting quotations to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due.
Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.
If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
Issuance of purchase order. Quotations should contain the quoter s best technical and price terms. The Contracting Officer may reject any or all quotations. The Contracting Officer may issue a purchase order to other than the quoter with the lowest priced quotation. After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government s choice before issuing any purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government s choice and will not use the formal source selection procedures described in FAR part 15.
Multiple purchase orders. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.
Availability of requirements documents cited in the solicitation.
(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-
GSA Federal Supply Service Specifications Section Suite 8100
470 East L Enfant Plaza, SW Washington, DC 20407
Telephone (202) 619-8925
Facsimile (202) 619-8978

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
ASSIST (https://assist.dla.mil/online/start/).
Quick Search (http://quicksearch.dla.mil/).
ASSISTdocs.com (http://assistdocs.com).
Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-
Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii)Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to
1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-
1462.
Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
Unique entity identifier .(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror must enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier " followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also must enter its Electronic Funds Transfer (EFT) indicator , if applicable. The EFT indicator is a four-character suffix to the unique entity identifier . The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier , it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated
at www.sam.gov for establishing the unique entity identifier .
[Reserved].
Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on purchase order(s) resulting from this solicitation from the contracting officer.
(End of Provision)

FAR 52.212-2, Evaluation Commercial Products and Commercial Services (Nov 2021)
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 and other factors considered. The following factors listed in descending order of importance will be used to evaluate offers:
Technical Specs
Price
Speed of Delivery
Warranty terms

Options. NA
A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer s specified expiration time, the Government may accept an offer (or part of an offer), whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
See attached document: FAR_Reps_Certs-Confirmation
See attached document: P03-BrandnameJusification-StrykerSurgicount

Attachments/Links