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

Page 2 of 2 Request for Quote (RFQ) #: Ultra-Low Temperature Laboratory Freezer This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6... Page 2 of 2 Request for Quote (RFQ) #: Ultra-Low Temperature Laboratory Freezer 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 3:00pm MST, August 19th, 2024. 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 stephanie.cahill@va.gov no later than 3:00pm MST, August 22nd, 2024. 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. 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) 2024-05 effective April 22, 2024. The North American Industrial Classification System (NAICS) code for this procurement is 333415 with a small business size standard of 1,250 employees. This solicitation is a 100% set-aside for SDVOSBs concerns. List of Line Items; Line Item Description Qty Unit of Measure Unit Price Total Price 0001 Ultra-Low Temperature Freezer 1 EA $ $ 0002 Fixed Racks (Holds min. 24 qty of 2 boxes) 28 EA Grand Total $ Description of Requirements for the items to be acquired: *IAW Buy American statue American-made products will be prioritized over non-domestic products *FOB shall be destination *Freight shall be added to the price of CLIN 0001 and not be its own line item *Cut sheets and specification sheets proving the offered product meets all testing specifications and salient characteristics shall be included with the quote *Quotes shall annotate the expected date of delivery to the specified location *Quotes shall be accompanied by an authorized distributor letter from the manufacturer of the items being offered. *Due to this procurement being 100% SDVOSB set-aside, the offeror shall complete clause VAAR 852.219-78 and return it with their offer. Failure to return the clause completed will result in the offeror s quote not being considered for evaluation. A waiver to the Non-Manufacturer Rule exists for NAICS code 333415, which allows SDVOSB businesses to provide a large manufacturer s end item. *Failure to meet the salient characteristics below will result in the offeror s quote not being considered for award. Must be an upright freezer. Must have a temperature range of -50°C to -86°C. Maximum width is 60 inches. Minimum of three shelves with four storage compartments. Minimum interior dimensions of 39.5 W x 23.5 D x 55 H. Minimum capacity of 29.8 cu. ft. Able to store at least 672 2 boxes. Must be able to use a 115V, NEMA 5-20R receptacle. Delivery and acceptance shall be F.O.B Destination (FAR 52.247-34) at the Veterans Affairs Medical Center, located: Salt Lake City VA Medical Center 500 Foothill Dr., Salt Lake City, UT 84148 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) Technical capability or quality of the item offered to meet the Government requirement; (II) - Completion of Attachment - VAAR Clause 852.219-76 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION) ; and (III) Price Volume I - Technical capability or quality of the item offered to meet the Government requirement The offeror shall submit specifications, cut sheets, or brochures confirming the equal products, including equal products of the brand name manufacturer submitted, meets or exceeds the salient physical, functional, or performance characteristic specified in this solicitation. The product(s) quoted must be identified by brand name, if any, and make or model number. Volume II - Completion of Attachment - VAAR Clause 852.219-76 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION) The offeror shall complete the Attachment - VAAR Clause 852.219-76 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION) and submit as part of the quote. 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. Technical capability or quality of the item offered to meet the Government requirement Factor 2. Completion of Attachment - VAAR Clause 852.219-76 VA Notice of Limitations on Subcontracting- Certificate of Compliance for Supplies and Products (DEVIATION) 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. 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 2. Completion of Attachment - VAAR Clause 852.219-76 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION) : The Government will evaluate the responses an offeror makes to Attachment - VAAR Clause 852.219-76 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION) for completeness. If an offeror fails to complete Attachment - VAAR Clause 852.219-76 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION) their quote will be determined ineligible for award. 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 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 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020) FAR 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) FAR 52.219-28 Post Award Small Business Program Representation (NOV 2020) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-19 Child Labor Cooperation with Authorities and Remedies (JUL 2020) FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015) FAR 52.222-26 Equal Opportunity (SEP 2016) FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-37 Employment Reports on Veterans (JUN 2020) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) FAR 52.222-50 Combating Trafficking in Persons (OCT 2020) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) FAR 52.225-1 Buy American Supplies (JAN 2021) FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) FAR 52.232-33 Payment by Electronic Funds Transfer System for Award Management (Oct 2018) Additional contract requirements or terms and conditions: 52.217-6 Option for Increased Quantity (MAR 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Office may exercise the option by written notice to the Contractor prior to receipt of all items. Delivery of the added items shall continue at the same rate as the like items called for under the contract unless the parties otherwise agree. 52.219-14 Limitations on Subcontracting (a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that (1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and (2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract. (c) Applicability. This clause applies only to (1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3); (2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3); (3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; (4) Orders expected to exceed the simplified acquisition threshold and that are (i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii); (5) Orders, regardless of dollar value, that are (i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and (6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference. (d) Independent contractors. An independent contractor shall be considered a subcontractor. (e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for (1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract; (2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract; (3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or (4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded. (f) The Contractor shall comply with the limitations on subcontracting as follows: (1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause  By the end of the base term of the contract and then by the end of each subsequent option period; or X  By the end of the performance period for each order issued under the contract. (2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order. (g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants. (1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions. (2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions. (End of clause) 52.225-2 Buy American Certificate (OCT 2022) (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. 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] (d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. (End of Provision) 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 (DEC 2009) VAAR 852.232-72 Electronic Submission of Payment Requests (NOV 2018) VAAR 852.233-70 Protest Content/Alternative Dispute Resolution (SEP 2018) VAAR 852.233-71 Alternate Protest Procedure (SEP 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 52.211-6 Brand Name or Equal (AUG 1999) 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 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) The following VAAR clauses are to be incorporated by reference: VAAR 852.212-71 Gray Market Items (APR 2020) The Defense Priorities and Allocations System (DPAS) does not apply. Date and Time offers are due to stephanie.cahill@va.gov by 3:00pm MST, August 22nd, 2024. Name and email of the individual to contact for information regarding the solicitation: Stephanie Cahill Stephanie.Cahill@va.gov