Inactive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Page 3 of 8 Combined Synopsis/Solicitation Notice *= Required Field Combined Synopsis/Solicitation Notice Page 1 of 8 SUBJEC... Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Page 3 of 8 Combined Synopsis/Solicitation Notice *= Required Field Combined Synopsis/Solicitation Notice Page 1 of 8 SUBJECT* Keeler Vantage Plus LED SDVOSB Set-Aside Brand Name or Equal GENERAL INFORMATION CONTRACTING OFFICE S ZIP CODE* 23667 SOLICITATION NUMBER* 36C24622Q0994 RESPONSE DATE/TIME/ZONE 09-19-2022 10AM EASTERN TIME, NEW YORK, USA ARCHIVE 60 DAYS AFTER THE RESPONSE DATE RECOVERY ACT FUNDS N SET-ASIDE SDVOSBC PRODUCT SERVICE CODE* 6530 NAICS CODE* 333314 CONTRACTING OFFICE ADDRESS Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 POINT OF CONTACT* Contract Specialist Francine Valverde francine.valverde@va.gov Email PLACE OF PERFORMANCE ADDRESS Salem VA Medical Center 1950 Roanoke Blvd Salem VA POSTAL CODE 24153 COUNTRY US ADDITIONAL INFORMATION AGENCY S URL URL DESCRIPTION AGENCY CONTACT S EMAIL ADDRESS francine.valverde@va.gov EMAIL DESCRIPTION DESCRIPTION Page 8 of 8 Description This Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, 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 2022-07 published in the Federal register August 10, 2022 This solicitation is set-aside for Service-Disabled Veteran-Owned Small Businesses The associated North American Industrial Classification System (NAICS) code for this procurement is 333314 (Optical Instrument and Lens Manufacturing) with a small business size standard of 500 employees The FSC/PSC is 6540 (OPHTHALMIC INSTRUMENTS, EQUIPMENT, AND SUPPLIES) The Salem VA Medical Center located at 1950 Roanoke Blvd Salem, VA 24153 is seeking to purchase an Ophthalmoscope with charging system All interested companies shall provide quotations for the following: Manufacturer: Keeler Line Item Description QTY Unit of Measure Unit Price Total 001 Product # 1205-P-5010 Description: Keeler Vantage Plus LED Wireless Indirect with Slimline Charging System 11 each   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: FAR Provisions: FAR 52.212-1, Instructions to Offerors Commercial Items (NOV 2021) Submission of offers: Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on this Combined Synopsis, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show (1) The solicitation number; 36C24622Q0994 (Ophthalmoscope plus LED) (2) North American Industry Classification System (NAICS) Code (3) Company name, address, and telephone number of the offeror (4) UEI Number (5) Business Size Standard (6) Indicate FSS/GSA contract number or Open Market, as applicable (7) FSS Category you qualify for (8) Tax ID number (9) Capabilities statement (10) Company Socio-Economic Size (Large, Small, SDVOSB, VOSB, WOSB etc.) FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services (May 2022) Attention CO: www.sam.gov registration is required to be complete at time of submission of response. 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 Items. If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: FAR Clauses: FAR 52.212-4, Contract Terms and Conditions Commercial Products and Commercial Services (NOV 2021) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services (MAY 2022) Full text of the reference FAR Clauses may be accessed electronically at http://acquisition.gov/ The following subparagraphs of FAR 52.212-5 are applicable: 52.212-4 Contract Terms and Conditions- Commercial Products and Commercial Services (NOV 2021) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services (MAY 2022) Full text of the reference FAR Clauses may be accessed electronically at http://acquisition.gov/. 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.211-6 Brand name or Equal (AUG 1999) 52.222-3 Convict Labor (JUN 2003) 52.222-19 Child Labor Cooperation with Authorities and Remedies (JAN 2022) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-41 Service Contract Labor Standards (AUG 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.227-17 Rights in Data-Special works (DEC 2007) 52.252-2 Clauses incorporated by Reference (FEB 1998) VAAR Clauses: 852.203-70 Commercial Advertising (MAY 2018) 852.232-72 Electronic Submission of Payment Requests (NOV 2018) 852.219-78 VA Notice of Limitations on Subcontracting Certificate of Compliance for Supplies and Products. As prescribed in 819.7009(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 (SEP 2021) (DEVIATION) (a) Pursuant to 38 U.S.C. 8127(k)(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 VIP- listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed 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 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) [ T he 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 section 1001 of title 18. (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 Officer 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] qualifies as a manufacturer or nonmanufacturer as stated herein and that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting requirement specified in the resultant contract, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. I 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: _______________________________ Gray Market Prevention Language: (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 equipment only 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 equipment/system, 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 equipment/system 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. 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 factors resulting in a Contracting Officer decision for the quote most favorable to the Government. 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 will be considered: Price Technical capability or quality of the item offered to meet the Government requirement Delivery of order will need to be 30 days ARO, Freight on Board (FOB). 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 or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Submission of your response shall be received not later than 10:00 AM EST on September 19, 2022. Quotes received after this date and time will be considered late in accordance with 52.212-1(f) and will not be evaluated. Quotes shall be submitted via email to francine.valverde@va.gov Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. Point of Contact Francine Valverde Contracting Specialist NCO 6 Hampton, VA francine.valverde@va.gov