Inactive Total Small Business Set-Aside (FAR 19.5)

Description This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Stream... Description This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, 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 solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-05 2/23/2024 This solicitation is set aside for small business as brand name or equal. The associated North American Industrial Classification System (NAICS) code for this procurement is (339920), with a small business size standard of 750 employees. The FSC/PSC is 6515. The Bath VA Medical Center has a requirement to procure brand name or equal outdoor Fitness Equipment for the new outdoor fitness pad, to promote veteran community health and wellness by providing accessible outdoor fitness opportunities. This will enhance the recreational and wellness offerings at the facility for residents and employees by providing high-quality outdoor fitness equipment. The Outdoor Fitness equipment must be green in color to match previously purchased outdoor fitness equipment and have the Safe Stop Technology which refers to a mechanism and feature designed to ensure user safety by automatically stopping the equipment s motion or reducing its impact in the event of potential hazards. Outdoor fitness equipment to have a zero-recoil design that minimizes or eliminates the backward force, or recoil, that typically occurs when the user completes a movement, particularly in resistance or strength training exercises. This technology aims to enhance safety, improve user experience, and reduce the risk of injury. All interested companies shall provide quotations for the following: Supplies/Services THIS IS A BRAND NAME or EQUAL ONLY REQUIREMENT FOR: Greenfields Outdoor Fitness Equipment. One (1) Leg Press (Adjustable Resistance Part Number UBX215-01K Color: Green Strenthens: Abs, Glutes and Legs Bidirectional resistance Safe-Stop Technology Zero Recoil Price____________ One (1) Tricep Press (Adjustable Resistance) Part Number UBX244-01 Color: Green Strengthens: Arms, Chest, and Shoulders 16 resistance levels Bidirectional resistance Safe-Stop Technology Zero Recoil Price____________ One (1) Arm Curl (Adjustable Resistance) Part Number UBX255-01 Color: Green Strengthens: Arms (biceps, forearms) Unidirectional Resistance Safe-Stop Technology Zero Recoil Price____________ One (1) Rower (Adjustable Resistance) Part Number UBX290-01 Color: Green Strengthens: Back and Arms (biceps, forarms) Bidirectional resistance Safe-Stop Technology Zero Recoil Price____________ One (1) Stepper (Adjustable Resistance) Part Number UBX292-01 Color: Green Strengthens: Glutes and Legs Bidirectional Resistance Safe-Stop Technology Zero Recoil Price____________ One (1) Leg Extension & Curl (Adjustable Resistance) Part Number UBX298-01 Color: Green Strengthens: Glutes and Leg Muscles Bidirectional Resistance Safe-Stop Technology Zero Recoil Price______________ One (1) Customized Announcement Sign Part Number SGR105-01K Color: Green To be fully customized with text, design and logos Frame Dimensions: 30 x 43 Sign Board Dimensions: 25.625 x 39 Printable Area Dimensions: 23.625 x 37 Price______________ Total of all items: ___________________ Place of Performance/Place of Delivery: Address: VA Finger lakes Healthcare System Bath Campus 76 Veterans Avenue Warehouse Building 103 Postal Code: 14810 Country: UNITED STATES The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: 1.FAR 52.212-1, Instructions to Offerors Commercial Products and Commercial Services (March 2023) The following provisions are included as addenda to FAR 52.212-1: FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) As prescribed in 52.107(a), insert the following provision: 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 (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR) VAAR 852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (JAN 2008) As prescribed in 852.102(a), insert the following provision: 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. FAR 52.204-7, System for Award Management (OCT 2018) 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020) 52.211-6, Brand Name or Equal (AUG 1999) (End of Addendum to 52.212-1) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) 2. FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services (Oct 2018) Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services . If paragraph (j) 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 (Nov 2023) The following clauses are included as addenda to FAR 52.212-4: 852.203-70 Commercial Advertising (MAY 2018) As prescribed in 803.570-2, insert the following clause: COMMERCIAL ADVERTISING (MAY 2018) The Contractor shall not make a reference 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) 852.211-70 Equipment Operation and Maintenance Manuals (a) As prescribed in 811.107-70, insert the following clause: 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) # 0001. 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) 852.212-71 Gray Market and Counterfeit Items. As prescribed in 812.301(f), insert the following clause in solicitations and contracts for new medical and information technology equipment: GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023) (a) 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. (b) 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. (c) 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) 52.219-6 Notice of Total Small Business Set-Aside. As prescribed in 19.507(c), insert the following clause: Notice of Total Small Business Set-Aside (Nov 2020) (a) Definition. Small business concern, as used in this clause (1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. (2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103. (b) Applicability. This clause applies only to- (1) Contracts that have been totally set aside for small business concerns; and (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c) General.  (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. (2) Any award resulting from this solicitation will be made to a small business concern. (End of clause) 852.219-76 VA Notice of Limitations on Subcontracting Certificate of Compliance for Supplies and Products. As prescribed in 819.7011(c), insert the following clause. The contracting officer shall tailor the clause in paragraph (a)(2)(iii) as appropriate: VA NOTICE OF LIMITATIONS ON SUBCONTRACTING CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION) (a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that (1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Offeror check the appropriate box] (i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDBOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted. (ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act. (2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]: (i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i). (ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer. [Offeror fill-in check each box below.] [ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18). [ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied. [ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice. (iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).] [ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.] (3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution. (4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following: (i) Referral to the VA Suspension and Debarment Committee; (ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and (iii) Prosecution for violating 18 U.S.C. 1001. (b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed. (c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate. (d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award. Certification: I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. Further certify that I am authorized to execute this certification on behalf of [insert name of offeror]. Printed Name of Signee: ________________________________________ Printed Title of Signee: _________________________________________ Signature: ___________________________________________________ Date: _____________________ Company Name and Address: ______________________________________ ________________________________________________________________ (End of clause) 852.232-72 Electronic Submission of Payment Requests As prescribed in 832.7001-2, insert the following clause: ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) (a) Definitions. As used in this clause- (1) Contract financing payment has the meaning given in FAR 32.001. (2) 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; (3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests; (4) Invoice payment has the meaning given in FAR 32.001; and (5) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A Contractor must ensure that the data transmission method and format are through one of the following: (1) VA s Electronic Invoice Presentment and Payment System at the current website address provided in the contract. (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI) (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies. (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. (End of clause) 852.242-71 Administrative Contracting Officer As prescribed in 842.271, insert the following clause: 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) 852.246-71 Rejected Goods As prescribed in 846.370-1, insert the following clause: REJECTED GOODS (OCT 2018) (a) 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. (b) 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) 52.252-2, This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es): Home | Acquisi on.GOV (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 products and commercial services: (End of clause) FAR 52.204-13, System for Award Management Maintenance (OCT 2018) FAR 52.204-18, Commercial and Government Entity Code Maintenance (AUG 2020) (End of Addendum to 52.212-4) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services (Jan 2021) (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 products and commercial services: 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905. 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E. Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91). 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) Section 889(a)(1)(A) of Pub. L. 115-232). 52.204-27, (a) Definitions. As used in this clause Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited, or an entity owned by ByteDance Limited. Information technology, as defined in 40 U.S.C. 11101(6) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). 52.219-33 Nonmanufacturer Rule (Sep 2021) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 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)). The following subparagraphs of FAR 52.212-5 are applicable: 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). 52.204-27 Prohibition on a ByteDance Covered Application. 52.209-6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note). 52.222-3, Convict Labor (June 2003) (E.O.11755) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).). 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act. 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Oct 2018) (31 U.S.C. 3332). 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793 (End of Addendum to 52.212-5) All quoters shall submit the following: 1 (One) Copy of quote that demonstrates the ability to provide all items requested in the SOW sec on of this solicitation. All quotes shall be sent to Barry.Sawyer@va.gov Evaluation FAR 52.212-2 is not applicable to this solicitation. Award will be based on LPTA (lowest price technically acceptable.) The award will be made to the responsible offer whose quota on represents the best value to the government. Your Response should contain your best terms and conditions. To Facilitate the award process, all quotes 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 shall list exception(s) and rationale for the exception(s), if any. Submission shall be received not later than 1600 hours EST 7/17/2024 to Barry.Sawyer@va.gov. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). e-mailed quotes will be accepted. Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to Barry Sawyer at Barry.Sawyer@va.gov All questions must be received before 7/15/2024 Point of Contact Barry Sawyer Contracting Specialist Network Contracting Office (NC02), Supply Team 2 Canandaigua VA Medical Center 400 Fort Hill Ave Canandaigua, NY 14424 Office: 585-500-9196 E-mail: Barry.Sawyer@va.gov