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Solicitation Number: 36C26121Q1124 1a. DESCRIPTION OF SOLICITATION In accordance with FAR Part 13 this a combined synopsis/solicitation for commercial items prepared in accordance with the format in F... Solicitation Number: 36C26121Q1124 1a. DESCRIPTION OF SOLICITATION In accordance with FAR Part 13 this 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. This Solicitation is issued as a Request for Quotation (RFQ) for the following Commercial Items: OsteoCool RF Generator, Equip. NOTE: Responses shall be on an all or none basis, no partial submissions please. The Government reserves the right to make no award at all. Respond by: Please see INSTRUCTIONS TO OFFERORS below. SD/VOSB Set-Aside: NO Brand-Name or Equal solicitation: This is a Brand-Name or Equal solicitation. NAICS code/Size Standard/PSC or FSC: NAICS code (North American Industrial Classification system: 339113 Size Standard for this NAICS code: 750 employees PSC/FSC (Product Service Code/Federal Supply Code): 6515 Type of Contract/Award: The type of contract/award the government intends to make/enter into for this solicitation is a single award, firm-fixed price purchase order. Delivery: FOB Destination, 90 Calendar Days or Less ARO. See Delivery below. Contract Period: Delivery Date of 90 Calendar Days or Less ARO. Method of Payment: Payment will be made electronically to: Department of Veterans Affairs FMS-VA-2(101), Financial Services Center, PO Box 149971, Austin TX 78714-9971 through the Tungsten Network Client Services. For help call: 1-866-340-4980, E-mail: va.registration@tungsten-network.com. Provisions and Clauses: All provisions and clauses applicable to this solicitation can be viewed in full text using the following web addresses: https://www.acquisition.gov/browsefar -or- https://www.va.gov/oal/library/vaar/ 1b. DESCRIPTION OF SUPPLIES/SERVICES being solicited: See Attached Quote, please verify pricing and fill out the CLIN structure which is a part of this document. Page 2 of 6 SALIENT CHARATERISTICS (all proprietary names and MFR#s are BNOE) SEE DOCUMENT NAMED SALIENT CHARACTERISTICS TRAINING, MAINTENANCE, MANUALS, CARE/CLEANING INSTRUCTIONS: Maintenance and training materials must be available upon delivery with ability to access via the internet. Installation within 90 days of delivery, sooner preferred. On-site in-person Demonstration of machinery upon installation. Maintenance contract for machine issues per warranty afforded. . DELIVERY Needed: Delivery Terms: 90 Calendar Days or Less ARO, FOB Destination. Deliver to: Department of Veteran Affairs VA Medical Center, Biomed 3801 Miranda Ave Palo Alto, CA 94304 INSTRUCTIONS TO OFFERORS The Provision FAR 52.212-1, Instructions to Offerors Commercial Items (Jan 2017) applies to this acquisition. Addendum to 52.212-1 Instructions to Offerors Commercial Items: Respond by: Offerors are to email complete offers to richard.leistiko@va.gov Offers must be received no later than 2:00pm PST Friday, September 10, 2021. Please include in the subject line: Solicitation 36C26121Q1124, OsteoCool RF Generator Equip. Please review the language below titled: Original Equipment/No Gray Market Goods under section titled TERMS & CONDITIONS, which apply to this acquisition. No Partial Submissions. For this procurement, responses shall be on an All or None basis. (End of Provision 52.212-1) EVALUATION OF OFFERS The Provision FAR 52.212-2, Evaluation Commercial Items (Oct 2014) applies to this acquisition and the following two lines are to be used and inserted into paragraph (a) of the that provision: LPTA The basis for award will be Lowest Price Technically Acceptable - evaluated on technical capability of the item offered to meet the Government requirement. The government will award a contract resulting from this solicitation to the responsible offeror who offers the Lowest Price Technically Acceptable quote. The government shall evaluate the lowest quote first and if found technically acceptable will not evaluate other quotes. Past performance IAW 9.104-3(b). The government will consider past performance when making a contractor responsibility determination IAW 9.104-3(b). (End of Provision 52.212-2) OFFEROR REPRESENTATION AND CERTIFICATIONS The Provision 52.212-3, Offeror Representation and Certifications Commercial Items applies to this acquisition. The offeror is required to include a completed copy of this provision with their offer if indicated as instructed by the language of the provision. (End of Provision 52.212-3) TERMS & CONDITIONS The Clause 52.212-4, Contract Terms and Conditions Commercial Items (Jan 2017), applies to this acquisition. Addendum to FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Oct 2018): 52.252-2 Clauses Incorporated by Reference (FEB 1998) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 52.204-26 Covered Telecommunications Equipment or Services-Representation. 52.211-6, Brand Name or Equal (Aug 1999) 52.214-21, Descriptive Literature (Apr 2002) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) Addendum to FAR 52.212-4 Contract Terms and Conditions Commercial Items (Jan 2017) also includes: 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) (a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference. ___ 852.203-70, Commercial Advertising. ___ 852.209-70, Organizational Conflicts of Interest. ___ 852.211-70, Equipment Operation and Maintenance Manuals. ___ 852.214-71, Restrictions on Alternate Item(s). ___ 852.214-72, Alternate Item(s). [Note: this is a fillable clause.] ___ 852.214-73, Alternate Packaging and Packing. ___ 852.214-74, Marking of Bid Samples. ___ 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors. ___ 852.215-71, Evaluation Factor Commitments. ___ 852.216-71, Economic Price Adjustment of Contract Price(s) Based on a Price Index. ___ 852.216-72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index. ___ 852.216-73, Economic Price Adjustment State Nursing Home Care for Veterans. ___ 852.216-74, Economic Price Adjustment Medicaid Labor Rates. ___ 852.216-75, Economic Price Adjustment Fuel Surcharge. ___ 852.219-9, VA Small Business Subcontracting Plan Minimum Requirements. ___ 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside. ___ 852.219-11, VA Notice of Total Veteran-Owned Small Business Set-Aside. ___ 852.222-70, Contract Work Hours and Safety Standards Nursing Home Care for Veterans. ___ 852.228-70, Bond Premium Adjustment. ___ 852.228-71, Indemnification and Insurance. ___ 852.228-72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds. _X_ 852.232-72, Electronic Submission of Payment Requests. ___ 852.233-70, Protest Content/Alternative Dispute Resolution. ___ 852.233-71, Alternate Protest Procedure. ___ 852.237-70, Indemnification and Medical Liability Insurance. _X_ 852.246-71, Rejected Goods. ___ 852.246-72, Frozen Processed Foods. ___ 852.246-73, Noncompliance with Packaging, Packing, and/or Marking Requirements. ___ 852.270-1, Representatives of Contracting Officers. ___ 852.271-72, Time Spent by Counselee in Counseling Process. ___ 852.271-73, Use and Publication of Counseling Results. ___ 852.271-74, Inspection. ___ 852.271-75, Extension of Contract Period. ___ 852.273-70, Late Offers. ___ 852.273-71, Alternative Negotiation Techniques. ___ 852.273-72, Alternative Evaluation. ___ 852.273-73, Evaluation Health-Care Resources. ___ 852.273-74, Award without Exchanges. 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (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 or by an intermediary distributor authorized by 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 addendum to 52.212-4) (Endo of Clause 52.212-4) CONTRACT TERMS & CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS The Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items applies to this acquisition. The FAR clauses listed below are the clauses chosen from paragraph (b) of this provision that apply to this acquisition and are incorporated by reference: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) 52.219-28, Post Award Small Business Program Representation (Jul 2013) 52.222 19, Child Labor Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (APR 2015). 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 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). 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (31 U.S.C. 3332). 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (End Clause 52.212-5) ** end solicitation**