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

Request for Quote (RFQ) #: 36C25922Q0137 VYNTUS ONE-PFT PC System, Brand Name This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, ... Request for Quote (RFQ) #: 36C25922Q0137 VYNTUS ONE-PFT PC System, Brand Name This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 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 will not be issued. The Government reserves the right to make no award from this solicitation. * The deadline for all questions is 4:00pm EST, 01/14/2022 All questions must be submitted in writing no later than the question cut-off date marked above. All questions will be answered officially through an amendment to the solicitation. ** Quotes are to be provided to Lindsey.Zwaagstra@va.gov no later than 4:00pm ET, 01/18/2022. Quotes shall not be hand carried. Faxed quotes shall not be accepted. Emailed quotes are the only method of submitted quotes (4MB email limit). The Government reserves the right to make award solely on initial Quotes received. Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation. This RFQ shall be completed in its entirety, and signed and dated, failure shall not be considered for award. This is a Request for Quote (RFQ) and the solicitation number is (RFQ #36C25922Q0137). The government anticipates awarding a firm-fixed price contract resulting from this solicitation. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-06 effective July 12, 2021. The North American Industrial Classification System (NAICS) code for this procurement is 334510 with a small business size standard of 1250 Employees. This solicitation is a 100% set-aside for SDVOSBs. List of Line Items; Line Item Description Quantity Unit of Measure Unit Price Total Price 0001 31783-001 VYNTUS ONE-PFT PC System. Includes analyzer module (O2, CO2, Multigas), breathing circuit (including Ultrasonic sensor, Flow Path Valve, and Demand Valve), SentrySuite software, standard cart and arm with adjustable height and left/right mousepad, validated WIN 10 PC with sanitizable medical keyboard/mouse, 27 flat panel infinityedge monitor, Office Jet printer, 3-L manual syringe, O2, DLCO and calibration gas regulators, 6 cylinder gas stand, 1 box of MicroGard IIB and IIC (80 each) filters. Tests performed: Spirometry (FVC, SVC, MVV), Lung subdivisions (FRC-N2, RV, TLC), Real-time DLCO (both Single Breath and Intrabreath), MIP/MEP, pre/post bronchodilator. Standard software includes: Guidance and Stabilitrac instructional applications, pre-formatted reports and reference sets with design tools for modification, automated interpretation algorithms, QA checks and physician interpretation templates. 1st year warranty included. 1 EA $ $ 0002 768093 GAS .3%CO .3%CH4 21%02 BAL N2 (ED) 2 EA 0003 761819 GAS- 99.00% OXYGEN(USP) 1 EA 0004 V-892590-13 GAS 16%O2 5%CO2 0.3%CO/CH4/BAL N2 E CYL 1 EA 0005 31803-001 VYNTUS BODY DIFF ADD Diffusion system, no PC, no cart. System will connect to shared computer and license of SentrySuite. Includes: 1110L body plethysmograph with 551 pound patient bench and 25 inch telescoping arm, breathing circuit (including Ultrasonic sensor, Flow Path Valve, and Demand Valve), SentrySuite software, 3-L manual syringe, DLCO pressure regulator. On board analyzers to perform in box: Spirometry (FVC, SVC, MVV), Lung subdivisions (VTG, FRCpl, RV, TLC, Raw, Conductance and specific resistance and Resistance Volume Loops), Real-time DLCO (both Single Breath and Intrabreath), MIP/MEP, and pre/post bronchodilator. 1st year warranty included. 1 EA 0006 32924-001 Additional Breathing Circuit for Vyntus ONE. Includes: 1 each of USS Module with polytube adapter, Flow Path Valve, Shutter, and 1 pk of 5 Silicone Valves. 1 EA 0007 97075-PM3-OS PULMONARY OR EXERCISE ONSITE TRAINING 3 DAYS Pulmonary Function and/or Cardiopulmonary Exercise Onsite Training Course for 3 days with a Vyaire Medical, Inc. Clinical Applications Specialist. Attendee/s will participate in an interactive session on the proper operation of Vyaire pulmonary function and/or cardiopulmonary exercise device/s. Includes AARC CRCE credits for up to 3 persons IF the attendee/s are present the entire course with limited interruptions and complete a written exam and survey per AARC requirements. CEUs for additional trainees are available for purchase. - Cancellation notice must be received from customer in writing (via email is acceptable) 15 business days prior to the confirmed start date of the Training Course, or the following fees will be assessed per the Vyaire Training Course cancellation policy.* *No fee applied if cancellation notice received from the Customer prior to 15 business days before the start date of the confirmed Training Course. *½ the cost of purchased training cancellation fee applied if cancellation notice received from the Customer less than 15 business days, but prior to 5 business days, before start date of confirmed Training Course. *Full cost of purchased training cancellation fee applied if cancellation notice received from Customer less than 5 business days before start date of confirmed Training Course. The full cost of purchased training will also be applied to "no shows" by Customer when scheduled to attend training at Vyaire training facility. -Training must be completed within 60 days of purchase date when sold as training only, or within 60 days of installation of capital device when training sold with a capital sale, not to exceed one calendar year from original date of purchase. 1 EA 0008 28567-001 SES CLIENT Device to be configured as a network client 1 EA 0009 V-892381 MICROGARD IIB 50PK 1 EA 0010 V-577201-100 SENTRYCONNECT SEAT LICENSE FOR SES Single Seat license to connect to SentryConnect gateway- SentrySuite instrument, SentrySuite reading station, Sentry.NET remote access. 1 EA 0011 V-491820 SENTRYCONNECT IMPLEMENTATION SETUP FEE Implementation of CareFusion Respiratory Diagnostics interface engine to the facility HIS/EMR system- installation, development and deployment of SentryConnect and workstations. This covers one deployment only. Future deployments, testing, or migrations are not covered. Customer responsible for providing remote VPN access. 1 EA Grand Total $ Description of Requirements for the items to be acquired (insert salient characteristics or Statement of Work); Brand Name Required-Line Items must be an exact match to item description Delivery and acceptance is to be F.O.B Destination (FAR 52.247-34) at the Veterans Affairs Medical Center, located at OKLAHOMA CITY VA HEALTH CARE SYSTEM 921 NE 13th Street Oklahoma City, OK, 73104 52.212-1, Instructions to Offerors--Commercial Items applies to this acquisition ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL Gray market items are Original Equipment Manufacturer s (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable. Offeror shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), 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 medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions. 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, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items. Any award made as a result of this solicitation will be made on an All or Nothing Basis. State if quoted items are available and priced through offerors existing Government-wide Acquisition Contract (GWAC), GSA Multiple Award Schedule (MAS) contract, or VA-wide Acquisition Contract. If the acquisition is set-aside for SDVOSBs/VOSBs, their socioeconomic status must be VIP verified and visible in the VA Vendor Information Pages (VIP): https://www.vip.vetbiz.gov/ at the time of quote submission AND award, or will be considered non-responsive, and will NOT be considered for award. Offerors are warned against contacting any VA personnel other than the Contracting Officer and Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations. All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror s page limitations unless otherwise indicated in the specific volume instructions below. All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote. Submission of quote shall include the following volumes: (I) Nonmanufacturer Qualifying Status; (II) Technical capability or quality of the item offered to meet the Government requirement; and (III) Price Volume I Nonmanufacturer Qualifying Status The offeror shall submit responses to the following questions regarding nonmanufacturer qualifying status: [ ] yes [ ] no - Does not exceed 500 employees; [ ] yes [ ] no - Is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied; [ ] yes [ ] no - Takes ownership or possession of the item(s) with its personnel, equipment or facilities in a manner consistent with industry practice (identify how this occurs). Volume III Price Price - The offeror shall complete the pricing schedule provided in Section (v) above: Price/Cost Schedule. (End of Addendum to 52.212-1) 52.212-2, Evaluation--Commercial Items applies to this acquisition ADDENDUM to FAR 52.212-2 EVALUATION COMMERCIAL ITEMS: 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 considering price and other factors. The following factors shall be used to evaluate quotations: Factor 1. Nonmanufacturer Qualifying Status Factor 2. Technical capability or quality of the item offered to meet the Government requirement Factor 3. Price Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2(b)(3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following: Factor 1. Nonmanufacturer Qualifying Status: The Government will evaluate the responses an SDVOSB/VOSB offeror provides to the three (3) questions stated in FAR 52.212-1, Instructions to Offerors, to verify an SDVOSB s nonmanufacturer qualifying status. If an SDVOSB/VOSB fails to respond yes to all three (3) questions, their quote will be determined ineligible for award. Factor 2. Technical capability or quality of the item offered to meet the Government requirement: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation. Factor 3. Price: The Government will evaluate the price by adding the total of all line item prices. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement, as stated in Factor 1 shall not be selected regardless of price. (End of Addendum to 52.212-2) 52.212-3, Offeror Representations and Certifications Commercial Items, applies to this acquisition. 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. Offerors must be registered in SAM at time of offer submission. 52.212-4, Contract Terms and Conditions--Commercial Items applies to this acquisition 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (JUL 2020) applies to this acquisition FAR 52.212-5 applies to this acquisition with the following FAR clauses incorporated by reference; FAR 52.204-10 Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) FAR 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (31 U.S.C. 6101 note) FAR 52.219-8 Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)) FAR 52.219-28 Post Award Small Business Program Representation (NOV 2020) (15 U.S.C 632(a)(2)) FAR 52.219-33 Nonmanufacturer Rule (MAR 2020) FAR 52.222-3 Convict Labor (JUN 2003) (E.O. 11755) FAR 52.222-19 Child Labor Cooperation with Authorities and Remedies (JUL 2020) (E.O. 13126) FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015) FAR 52.222-26 Equal Opportunity (SEP 2016) (E.O. 11246) FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) FAR 52.222-37 Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) FAR 52.222-50 Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513) FAR 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (JUL 2020) FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury) FAR 52.232-33 Payment by Electronic Funds Transfer System for Award Management (Oct 2018) (31 U.S.C. 3332) Additional contract requirements or terms and conditions: Governing Law Clause Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Contract/Order. Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. §3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this Clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this Clause shall prevail. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ). 28 U.S.C. § 516. At the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by contract/order modification (Standard Form 30) and shall only be effected by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity. 852.212-70, Provisions and Clauses Applicable to VA Acquisition of Commercial Items (Apr 2020) VAAR 852.203-70 Commercial Advertising (MAY 2018) VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2020) (Deviation) if SDVOSB set-aside VAAR 852.232-72 Electronic Submission of Payment Requests (NOV 2018) VAAR 852.233-70 Protest Content/Alternative Dispute Resolution (OCT 2018) VAAR 852.233-71 Alternate Protest Procedure (OCT 2018) VAAR 852.246-71 Rejected Goods (OCT 2018) 852.252-70, 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. http://www.acquisition.gov/far/index.html https://www.acquisition.gov/vaar The following FAR provisions are to be incorporated by reference: FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.214-21 Descriptive Literature (APR 2002) FAR 52.229-11 Tax on Certain Foreign Procurements Notice and Representation (JUN 2020) The following FAR clauses are incorporated by reference: FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.227-14 Rights in Data-General (May 2014) FAR 52.227-19 Commercial Computer Software-Restricted Rights (DEC 2007) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) The following VAAR clauses are to be incorporated by reference: VAAR 852.212-71 Gray Market Items (APR 2020) VAAR 852.212-72 Gray Market and Counterfeit Items (MAR 2020) (DEVIATION) VAAR 852.219-74 Limitations on Subcontracting Monitoring and Compliance (JUL 2018) (Deviation) The Defense Priorities and Allocations System (DPAS) does not apply. Date and Time offers are due to Lindsey.Zwaagstra@va.gov by 4:00pm ET, 01/26/2022. Name and email of the individual to contact for information regarding the solicitation: Lindsey Zwaagstra Lindsey.Zwaagstra@va.gov