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Department of Veterans Affairs Program Contracting Activity Central NAO VA Rapid City Package #009 Uninterrupted Power Supply (UPS) and Power Distribution Unit (PDU) SOURCES SOUGHT NOTICE 36C77623Q009... Department of Veterans Affairs Program Contracting Activity Central NAO VA Rapid City Package #009 Uninterrupted Power Supply (UPS) and Power Distribution Unit (PDU) SOURCES SOUGHT NOTICE 36C77623Q0091 December 8, 2022 **IMPORTANT: Please read this email notice in full BEFORE responding!** The Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC) is in the process of planning a requirement in which a contractor will be required to provide Uninterrupted Power supply s (UPS) and Power Distribution Units (PDS) (brand name or equal) for use in the new VA Rapid City Outpatient Clinic (see ATTACHMENT 1 DRAFT SOW & Salient)s attached. The VA is conducting market research and is seeking written responses with information to assist with identifying potential sources that are interested in, and capable of, providing the products described (in whole or in part). The VA is seeking responses from both NON-MANUFACTURER AUTHORIZED DEALERS/DISTRIBUTORS AND SMALL BUSINESS MANUFACTURERS of the identified brand name or potential equivalent equipment. Please review the information contained herein and identify whether your company has the capability and interest to provide the brand name or equivalent items that possess the salient characteristics as described. Please see section titled SUBMITTAL OF RFI RESPONSE below for what information to include in your company s response. GOVERNMENT QUESTIONS The VA is requesting vendors answer the following questions in response to this notice.(See Attached Vendor MR Response Form ) Are there any specifications for individual items that you believe may be too restrictive when taking into consideration industry standards (see draft Statement of Work)? What specifications and why? Is your company the original equipment manufacturer (OEM) of the items listed in the draft SOW: Choose an item.___YES ___NO If you answered yes to number 2, does your company have any authorized distributors? Choose an item. If yes, are any categorized as: SDVOSB - Service Disabled Veteran Owned Small Business? VOSB Veteran Owned Small Business? SB Small Business? Are there any accessories for any equipment item that are normally separately priced? What accessories? Are there any items that you would recommend be purchased separately? What items and why? Is there any reason you would not be interested in responding to a solicitation? What are the reason(s) and why? What is the lead time on this equipment? Lead time: If installation is needed, In approximately how many days would you be able to install all items in this requirement after the government accepts the delivery? Does your company manufacture the items in accordance with the Limitations on Subcontracting (see FAR 52.219-14, 52.219-27, and 13 C.F.R. § 125.6) or supply the product of a small business manufactured in the United States? Where are the item(s) being manufactured? (Inside or Outside the US? If outside, specify what country.) Do you have any questions or comments that may otherwise assist us? SET-ASIDE Complete responses to this notice will assist the VA in determining any potential set-aside for the requirement. Not providing all information requested in response to this notice may result in the VA being unable to determine a vendor potentially capable of satisfying the requirement and, subsequently, if the rule of two criteria is not met, a specific set-aside category may not be decided by the Contracting Officer. GRAY MARKET PREVENTION: Per VHA specific requirements set forth in VHAPM Part 813.106 (paragraph 2.3) and VAAR Clause 852.212-71 Gray Market (medical supplies/equipment), 852.212-72 Gray Market and Counterfeit Items, or 852.212-73 Gray Market and Counterfeit Items Information Technology (IT) Maintenance Allowing Other-than-New-Parts, 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." To assist the VA in determining any potential set-aside, we are requiring vendors provide the authorized dealer/distributor letter in response to this Request for Information (RFI). Any future solicitation will include the requirement for vendors to provide authorized dealer verification for all items of equipment. To satisfy this requirement, the vendor shall provide the original documentation from the manufacturer stating they are an authorized dealer/distributor for the items being procured. This letter shall be recent, on the manufacturers official letter head or from an official manufacturer email and guarantees the products are safe, are not counterfeit or adulterated devices, have maintained adequate storage conditions, and that: All product warranties and service and/or preventative maintenance agreements transfer to the VA and will be honored by the OEM or Guarantees that the OEM gives authorization to the vendor to fulfill all warranty, service, and/or preventative maintenance obligations for the equipment. An EXAMPLE of an acceptable OEM Authorized Dealer letter is attached (SEE ATTACHMENT 3). LIMITATIONS ON SUBCONTRACTING AND THE NON-MANUFACTURER RULE (NMR) The requirement that a non-manufacturer supply the product of a small business concern is referred as the Non-Manufacturer Rule (NMR) [13 C.F.R. § 121.406]. In order to qualify as a small business concern for a small business set-aside, an offeror must either manufacture the item in accordance with the Limitations on Subcontracting (see FAR section 52.219-14, 52.219-27 and 13 C.F.R. § 125.6) or supply the product of a small business made in the United States. BUY AMERICAN ACT In accordance with FAR 25.101, the Buy American Statute restricts the purchase of supplies that are not domestic end products. The exception at FAR 25.103(b) Nonavailability states the Buy American statute does not apply with respect to articles, materials, or supplies if articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.  Any solicitation will include FAR 52.225-1, Buy American-Supplies (JAN 2021). Please provide the country of manufacture for each line item. Line Item No. Country of Origin 0001 AMERICAN MADE SOUGHT The Government is seeking potential alternatives manufactured in the United States if the brand name basis of design brand is not manufactured in the United States. If you have or are offering an American made alternative, please provide the manufacturer, make, model, and part number for each item and the location of manufacture. Please also include item specifications so the facility can determine whether the alternative meets the required salient characteristics. USE OF CONTRACTOR SUPPORT SERVICES Prospective contractors are hereby notified that the Department of Veterans Affairs utilized the following contractors as official advisors: Concourse Federal Group, LLC Contractor personnel signed a non-disclosure agreement. Advisors are bound contractually by organizational conflict of interest and disclosure clauses with respect to proprietary information. For this acquisition, an OCI does exist. Therefore, Concourse Federal Group, LLC will be barred from submitting a quote as a prime, teaming partner, or subcontractor. SALIENT CHARACTERISTICS/DELIVERY SPECIFICATIONS/WARRANTY SPECIFICATIONS See attached DRAFT Sow/Salient Characteristics (ATTACHMENT 1). *** Please provide feedback on provided SOW/Salient Characteristics *** SUBMITTAL OF RFI RESPONSE If you believe you are capable of meeting this requirement (in whole or in part), please provide a complete response no later than Tuesday December 20, 2022 at 2:00 PM (Eastern). A complete response satisfies the information requested below. The Government requests responders provide the following information: Company information including name, address, point of contact, and DUNS Number The make and model information for each item, If an equivalent item will be proposed, cut sheets containing specifications, Authorized dealer verification (see below), The contract number of any applicable GSA schedule if one exists from which these items can be procured, and Answers to government questions (above or attached Vendor MR Response Form) Further, if you believe a different NAICS code or Product Service Code (PSC) is a better fit for the subject requirement, please provide that information to us as well. NAICS: 335311 Power, Distribution, and Specialty Transformer Manufacturing: 750 employees PSC: 6250 Ballasts, Lampholders, and Starters NOTE: This email is being sent solely for information and planning purposes and does not constitute a solicitation or obligation on the part of the Government. Per FAR 15.201(e), responses to this notice are not considered offers, shall not be used as a proposal, and cannot be accepted by the Government to form a binding contract. Neither unsolicited proposals nor any other kinds of offers will be considered in response to this notice. No evaluation letters and/or results will be issued to the respondents; however, the Government does reserve the right to contact any respondent and/or respondent reference to obtain additional information. At this time, no solicitation exists; therefore, please do not request a copy of the solicitation. Any resulting procurement action will be the subject of a separate, future announcement. The information is provided for discussion purposes and any potential strategy for this acquisition may change prior to any solicitation release. The acquisition strategy, evaluation methodology, contract type, and any other acquisition decisions are to be determined. /END OF NOTICE/