Inactive Total Small Business Set-Aside (FAR 19.5)

Effective Date: 03/15/2023 Revision: 01 This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulatio... Effective Date: 03/15/2023 Revision: 01 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 #2024-05 (April 22, 2024). This solicitation is for a Total Set-Aside for Certified Service-Disable Veteran-Owned Small Business (SDVOSB) or Certified Veteran-Owned Small Businesses (VOSB) for seventeen (17) Brand Name ResMed S9 VPAP Tx Clinical System Kits. Exact match is requested for all commodities. All responsible sources can compete. The associated North American Industrial Classification System (NAICS) code for this procurement is 339113 (Surgical Appliance and Supplies Manufacturing), with a small business size standard of 1,000 employees. The FSC/PSC is 6515 (Medical and Surgical Instruments, Equipment, and Services). The Richard L. Roudebush Veterans Affairs Medical Center, 1481 West 10th Street, Indianapolis, Indiana 45220 is requiring the brand name procurement of seventeen (17) ResMed S9 VPAP Tx Clinical System Kits. Use of refurbished equipment is unacceptable. STATEMENT OF WORK 1. INTRODUCTION The Richard L. Roudebush Veterans Affairs Medical Center, 1481 West 10th Street, Indianapolis, Indiana 45220 is seeking the procurement of ResMed S9 VPAP Tx Clinical System Kits. All interested companies shall provide a quotation and letter of authorization to distribute ResMed Equipment. 2. WARRANTY The offeror shall warranty all equipment and workmanship free of defects per industry standards for a period of two years. 3. DELIVERY shall be provided no later than 60 days after receipt of order (ARO) and requires FOB destination. Place of Delivery Address: Richard L. Roudebush VA Medical Center 1481 West 10th Street Indianapolis, Indiana Postal Code: 45220 Country: UNITED STATES 4. BUY AMERICAN CERTIFICATE shall be completed. See below FAR 52.225-2, Buy American Certificate (OCT 2022) 5. DEALER AUTHORIZATION LETTER 6. VA NOTICE OF LIMITATIONS ON SUBCONTRACTING shall be completed. See below VAAR 852.219-76, VA Notice of Limitations on Subcontracting Certificate of Compliance for Supplies and Products (JAN 2023) All offerors shall submit the following SIX requirements: The offeror shall submit a quote, with sufficient documentation to evaluate the functional and technical specifications compared to Statement of Work, Warranty/Extended Warranty Details, Delivery/Installation Schedule, Buy American Act Certificate, Authorization Dealer Letter, and VA Notice of Limitations on Subcontracting. The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions Commercial Products and Commercial Services (NOV 2023) FAR 52.204-13, System for Award Management Maintenance (OCT 2018) FAR 52.204-18, Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.211-6, Brand Name or Equal (AUG 1999) FAR 52.225-1, Buy American Supplies (OCT 2022) VAAR 852.203-70, Commercial Advertising (MAY 2018) VAR 852.211-70, Equipment Operation and Maintenance Manuals (NOV 2018) VAAR 852.211-72, Technical Industry Standards (NOV 2018) VAAR 852.212-72, Gray Market and Counterfeit Items (FEB 2023) VAAR 852.219-73 VA Notice to Total Set-Aside for Certified Service-Disable Veteran-Owned Small Businesses (JAN 2023) VAAR 852.219-74, VA Notice to Total Set-Aside for Certified Veteran-Owned Small Businesses (JAN 2023) VAAR 852.219-76, VA Notice of Limitations on Subcontracting Certificate of Compliance for Supplies and Products (JAN 2023) (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 852.219-73 or VOSBs as set forth in 852.219-74. 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 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. (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 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. 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: (End of clause) VAAR 852.232-72, Electronic Submission of Payment Requests (NOV 2018) VAAR 852.242-71, Administrative Contracting Officer (OCT 2020) VAAR 852.246-71, Rejected Goods (OCT 2018) VAAR 852.246-73, Noncompliance with Packaging, Packing, and/or Marking Requirements (OCT 2018) (End of Addendum to FAR 52.212-1) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services (MAY 2024) The following subparagraphs of FAR 52.212-5 are applicable: Subparagraph (a) (1) (7) Subparagraph (b) (4),(9), (25),(31),(32),(33),(34),(35),(36),(37),(38),(39),(48),(51), (55) and (59) The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Products and Commercial Services (SEPT 2023) 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 Service or Equipment (NOV 2021) FAR 52.204-29, Federal Acquisition Supply Chain Security Act Orders Representation and Disclosures (DEC 2023) FAR 52.211-6, Brand Name or Equal (AUG 1999) FAR 52.225-2, Buy American Certificate (OCT 2022) Buy American Certificate (Oct 2022) (a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component. (2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select no . (3) The Offeror shall separately list the line-item numbers of domestic end products that contain a critical component (see FAR 25.105). (4) The terms commercially available off-the-shelf (COTS) item, critical component, domestic end product, end product, and foreign end product are defined in the clause of this solicitation entitled Buy American Supplies. (b) Foreign End Products: Line item No. Country of origin Exceeds 55% domestic content (yes/no) [List as necessary] (c) Domestic end products containing a critical component: Line item No. [List as necessary] FAR 52.252-1, Solicitation Provisions Incorporated by Reference (FEB 1998) 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): 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) VAAR 852.273-70, Late Offers (NOV 2021) (End of Addendum to FAR 52.212-1) FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services (MAY 2024) 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. All offerors shall submit the following: The offeror shall submit a quote, with sufficient documentation to evaluate the functional and technical specifications compared to Statement of Work, Warranty/Extended Warranty details, Delivery/Installation Schedule, Buy American Act Certificate, Authorization Dealer Letter, and VA Notice of Limitations on Subcontracting. All quotes shall be sent to the Contract Specialist, Alice Clark at alice.clark@va.gov. Telephone responses shall not be accepted. Responses must be received no later than August 15, 2024, at 12:00 p.m. EST. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). 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 To obtain clarifications and/or additional information concerning the contract requirements or specifications, submit an email to Alice.Clark@va.gov. All inquiries will be responded to as necessary in amendment format which will be posted on http://www.sam.gov The deadline for submission of clarifications and/or additional information concerning this solicitation is August 12, 2024, at 12:00 PM (EST). No questions will be answered after this date/time unless determined to be in the best interest of the Government determined by the Contracting Officer. Telephone inquiries will not be accepted or returned. The award will be made to the response most advantageous to the Government. Responses should contain your best terms, 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. ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) 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 provision is incorporated into 52.212-1 as an addendum to this solicitation: FAR 52.212-1 Instructions to Offerors Commercial Products and Commercial Services (Nov 2021) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the Request for Quote (RFQ). However, the small business size standard for a concern that submits a quote, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition Is set aside for small business and has a value above the simplified acquisition threshold; or Uses the HUBZone price evaluation preference regardless of dollar value, unless the quoter waives the price evaluation preference; or Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value. (b) Submission of Quotes. Submit signed and dated quotes to the office specified in this Request for Quote (RFQ) at or before the exact time specified. Quotes may be submitted on letterhead stationery, or as otherwise specified in the RFQ. As a minimum, quotes must show            (1) The solicitation number;            (2) The time specified in the solicitation for receipt of quotations;           (3) 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;            (5) Terms of any express warranty;            (6) Price and any discount terms;            (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically);            (9) Acknowledgment Request for Quotation amendments; (10) Past performance will not be considered in simplified acquisition procurements. (11) Quote should include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations and certifications, information requested in (1) to (9) and accept the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of Quotes. The quoter agrees to hold the prices in its quote firm for 30 calendar days from the date specified for receipt of quotes unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotes. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender s request and expense, unless they are destroyed during testing. (e) Multiple Quotes. Quoters are encouraged to submit multiple quotes presenting alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each quote submitted will be evaluated separately. (f) Late submissions, revisions, and withdrawals of quotes. (1) Quoters are responsible for submitting quotes so as 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 quotes are due. (2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is "late" and may not be considered unless it is received before purchase order issuance and the Contracting Officer (CO) determines that accepting the late quotation would not unduly delay the acquisition. (3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotes by the exact time specified in the solicitation, and urgent Government requirements preclude a notice of an extension of the closing date, the time specified for receipt of quotes 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. (g) Issuance of Purchase Order. The Government may issue a purchase order to one or more quoters as identified in the Request for Quote (RFQ). Therefore, the quoter s initial quote should contain the best terms from a price and technical standpoint. However, the Government may reject any or all quotes if such action is in the public s best interest. The Contracting Officer (CO) may issue a purchase order to other than the quoter with the lowest priced quotation. (h) Multiple awards. 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.       (1) 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. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:                 (i) ASSIST ( https://assist.dla.mil/online/start/).                 (ii) Quick Search ( http://quicksearch.dla.mil/).           (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) 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. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier (UEI). Applies to all quotes that exceed the micro-purchase threshold, and quotes at or below the micro-purchase threshold if the solicitation requires the contractor to be registered in the System for Award Management (SAM).) The quoter must enter, in the block with its name and address on the cover page of its quote, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the quoters name and address. The quoter also must enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the UEI. The suffix is assigned at the discretion of the quoter to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the quoter does not have a UEI, it should contact the entity designated at www.sam.gov for UEI establishment directly to obtain one. The quoter should indicate that it is a quoter for a Government contract when contacting the entity designated at www.sam.gov for establishing the UEI. (k) [Reserved] (l) Requests for information. The CO will not notify unsuccessful quoters that responded to this Request for Quotation (RFQ). However, quoters may request information on purchase order(s) resulting from this solicitation with the CO. (End of Provision)