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

ORAL QUOTE EMAIL IAW FAR 13.106-1(c)(1) Good morning! This email serves as the official oral solicitation in accordance with FAR 13.106-1(c)(1) for Palo Alto Package #41 Freezers. REQUIREMENT: The Dep... ORAL QUOTE EMAIL IAW FAR 13.106-1(c)(1) Good morning! This email serves as the official oral solicitation in accordance with FAR 13.106-1(c)(1) for Palo Alto Package #41 Freezers. REQUIREMENT: The Department of Veteran Affairs Palo Alto Campus has a requirement to purchase 16 Freezers in support of the activation of the new Research and VMU Building. Please see the attached Salient Characteristics document for detailed information regarding the required equipment. This will be a firm fixed price purchase order conducted in accordance with the procedures in FAR Parts 12 and 13. NAICS: 333415 SIZE STANDARD: 1250 Employees PRICING SCHEDULE: Please see the Price Schedule, attached. Installation: Installation is estimated to begin ASAP. Installation dates may need to be adjusted based on the construction and activation schedule. DELIVERY and SHIPPING REQUIREMENTS: Background: This requirement is in support of the activation of a new VA facility that is currently under construction. A delivery appointment and 24-hour advanced notice of shipment is required. See below for additional information. Shipping/Delivery Point of Contact: Include Dina Cheyette, Dina.Cheyette@va.gov (T: 650.493.5000 x 62453 | C: 650.468.8654), VA Palo Alto Activation Project Manager, the Contracting Officer, and the Contract Specialist on all email correspondence related to shipping, delivery, installation, and training. SHIPPING ADDRESS: Veterans Affairs Palo Alto Building 50 (Warehouse) 3801 Miranda Avenue Palo Alto, CA 94304 SHIPPING DELIVERY REQUIREMENTS: Side Marking Required: VA Palo Alto PO# (see page 1, block 20 of the SF 1449) Attn: Dina Cheyette POTENTIAL FOR CHANGE IN SCHEDULE: The delivery schedule in is based on the current construction schedule which is subject to change. Vendors shall not increase pricing in the event of a government-caused delivery delay for up to 30 calendar days.  COVID-19 Contractor employees that will be on-site at the VA Palo Alto Campus must comply with all safety and security requirements to include COVID-19 safety requirements. QUOTE DUE DATE: Please submit quotes to Rachel Yallech, rachel.yallech@va.gov, Procurement Technician and Grace Kelly, Grace.Kelly-Burnsworth@va.gov, Contracting Officer, no later than May 7, 2021 at 1:00 PM (Eastern). All quotes shall include the following information: PAYMENT/INVOICING: All payments by the Government to the contractor will be made in accordance with Federal Acquisition Regulation (FAR) Clause 52.232-33, Payment by Electronic Funds Transfer System For Award Management. Invoices shall be submitted in arrears after Government receipt and acceptance of CLINs. All Invoices from the contractor shall be submitted electronically in accordance with VA Acquisition Regulation (VAAR) Clause 852.232-72 Electronic Submission of Payment Requests. GRAY MARKET PREVENTION: Per VAAR Clause 852.212-71 Gray Market (Deviation), the VHA aims to prevent the sale of gray market goods, defined as 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. (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 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. (b) Vendor 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. (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, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items." VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (NOV 2020) (DEVIATION) (a) Definition. For the Department of Veterans Affairs, Service-disabled Veteran-owned small business concern or SDVOSB: (1) Means a small business concern (i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition); (ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; (iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA s Vendor Information Pages (VIP) database; and (v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, provided that any reference therein to a service-disabled Veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB unless otherwise stated in this clause. (2) Service-disabled Veteran means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). (3) The term small business concern has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). (4) The term small business concern owned and controlled by Veterans with service-connected disabilities has the meaning given the term small business concern owned and controlled by service-disabled Veterans under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) above). (b) General. (1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered. (2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award. (3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences. (c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. (d) Agreement. When awarded a contract action, including orders under multiple-award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR part 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or similarly situated (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to the following: (1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP- listed SDVOSBs. (2) Supplies or products. (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. (ii) In the case of a contract for supplies from a non-manufacturer, 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) has been granted. (3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime may be paid to firms that are not VIP-listed SDVOSBs. (5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For contracts referenced in (d)(2), (3), and (4) the cost of materials is excluded and are not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small businesses do not provide them. For additional information and more specific requirements on the limitations on subcontracting, refer to 13 CFR 125.6. (e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows: [Contracting Officer check as appropriate.] _____By the end of the base term of the contract or order, and then by the end of each subsequent option period; or _____By the end of the performance period for each order issued under the contract. (f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants. (g) Precedence. Any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program takes precedence. (h) Misrepresentation. Pursuant to 38 USC 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406, Debarment). VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018): Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation. SUBMISSION OF OFFERS: Quotations shall be received on or before May 7, 2021 at 1:00 PM (Eastern). Quotations received after the due date and time may not be considered. Quotations shall be submitted electronically to the Contracting Specialist Rachael Yallech at rachael.yallech@va.gov and Contracting Officer Grace Kelly at Grace.Kelly-Burnsworth@va.gov. The Offeror agrees to hold the prices in its quotation firm for no less than 90 calendar days from the date specified for receipt of quotations. Questions of a technical nature shall be submitted electronically via email to the Contract Specialist and Contracting Officer no later than May 4, 2021 4:00 PM (Eastern). Questions will be answered at one time and will be sent to all potential offerors to the same email receiving this notice. INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS: INTRODUCTION The Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC) is issuing this Request for Quotation (RFQ) to solicit vendors with the purpose of entering into a contract. This procurement is being conducted in accordance with the procedures in Federal Acquisition Regulations (FAR) Part 12 Acquisition of Commercial Items and Part 13 Simplified Acquisition Procedures (SAP). The Government contemplates award of a Firm-Fixed-Price (FFP) contract resulting from this solicitation. QUOTE FILE STRUCTURE All offers must list your DUNS number, CAGE code, and Federal TIN with company name, point of contact, and phone number. If you need to obtain or renew a DUNS number or CAGE code, please visit https://www.sam.gov. Lack of registration in the SAM database will make an Offeror ineligible for award. Each Offeror shall ensure the Representations and Certifications are updated at www.sam.gov. Offeror must acknowledge all amendments to this solicitation in its quote. Please return a completed price schedule within this solicitation or a quote that adequately identifies the make and model of the item, unit price, and total for each and all line items identified. Failure to provide the make and model of the item, unit price, and total price for each line item may render the quote unacceptable. The unit price shall be rounded to the penny to avoid rounding errors, and non-compliance may also render the quote unacceptable. Cut sheets/manufacturer specifications for all items quoted shall be included, and these sheets/manufacturer s specifications shall contain adequate details that the Offeror s product meet EACH salient characteristics identified, or otherwise be confirmed in a separate document. Not providing this information may deem the quote insufficient for the Government to determine technical acceptability, and therefore, the Offeror and their offer are ineligible for award. Please note, the Contracting Officer reserves the right to consider a quote acceptable or unacceptable based on the documents submitted or not submitted with the quote. Failure to comply with the instructions below will also deem the quote unacceptable Offerors submitting a quote shall have NAICS Code 333415 Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing and have a current registration in the System for Award Management (SAM): https://www.sam.gov/portal/public/SAM at the time of submission. SAM will be checked to verify the Offeror s status before any evaluation is conducted. Quote summary / cover sheet including: Date submitted Offeror s name Offeror s technical lead contact information DUNS number, CAGE code, and Federal TIN Statement that offer remains valid for no less than 90 calendar days from the solicitation receipt date for offers Statement of delivery date If the Offeror is quoting equipment/products manufactured by another business, the Offeror shall include a copy of the authorization from the manufacturer that provides acknowledgement the Offeror is an authorized distributor of the equipment or products. The procurement will be for new Original Equipment Manufacturer (OEM) Freezers. The Offeror shall be an OEM authorized dealer or distributor for the items such that OEM warranty and services are provided and maintained by the OEM or that the OEM gives authorization to the vendor to fulfill all warranty, service, and/or preventative maintenance obligations for the equipment on their behalf. See VAAR Clause 852.212-71 Gray Market Items (APR 2020). Acknowledgement of Amendments. All questions should be sent to Contract Specialist at Rachel.Yallech@va.gov and Contracting Officer at Grace.Kelly-Burnsworth@va.gov by the due date and time specified. No phone calls will be accepted. All correspondence for this solicitation will be in writing via email. Failure to send questions to both individuals may result in the questions NOT being answered. FAR 52.212-2 EVALUATION COMMERCIAL ITEMS SAP: ADDENDUM to FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS 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 following provisions are incorporated into 52.212-2 as an addendum to this solicitation: E.2 EVALUATION OF OFFERS Basis of Award 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 shall be used to evaluate offers: Technical Price [LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA)] 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. Evaluation Approach Evaluation of offerors will be made on an LPTA basis. The following factors will be used to evaluate offers: 1) Technical (meets salient characteristics/specifications including delivery and warranty information) and 2) Price All Offerors are advised that, in the interest of efficiency, the Government reserves the right to conduct the evaluation in the most effective manner. Specifically, the Government may first evaluate the total proposed price of all Offerors. Thereafter, the Government will evaluate the technical quotation of the lowest priced Offeror only. If the lowest priced Offeror s technical quotation is determined to be rated as Acceptable, the Government may make award to that Offeror without further evaluation of the remaining Offerors technical quotations. If the lowest priced Offeror s technical quotation is determined to be rated as Unacceptable, then the Government may evaluate the next lowest priced technical quotation, and so forth and so on, until the Government reaches the lowest priced technical quotation that is determined to be rated as Acceptable. However, the Government reserves the right to evaluate all Offerors technical quotations should it desire to conduct discussions, or otherwise determine it to be in the Government s best interest. 1. Technical. SUPPLIES: Meets specifications/salient characteristics listed, see attachment. This factor will be determined through Government evaluation of the quoted equipment against the Governments minimum requirement as identified in the attachment. The Offeror shall provide an electronic copy of the cut sheets/manufacturer s specifications for all items quoted. These cut sheets/manufacturer s specifications shall contain adequate specifications for the Government to determine the product meets the specifications identified in the Salient Characteristics document. If each salient characteristic is not listed in the cut sheets/manufacturer s specifications, the salient characteristic(s) must otherwise be confirmed in the quote. Not providing this information will render the quote technically unacceptable and, thus, ineligible for award. GRAY MARKET PREVENTION: 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 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. Vendor 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. 2. Price. Total evaluated price will be determined by multiplying the quantities identified for each CLIN quoted by the proposed unit price for each Contract Line Item Number (CLIN). The extended amounts for each CLIN will then be added together to determine the total evaluated price. The Government will review the completed price schedule or price quote for completion and accuracy, as well as the fairness and reasonableness of the quoted prices. 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. ATTACHMENTS: S02 ATTACHMENT 1 Salient Characteristics Pkg 41 Freezers S02 ATTACHMENT 2 Palo Alto Pkg 41 Pricing Schedule