Electrodes - Stryker
COMBINED SYNOPSIS/SOLICITATION
Electrodes - Stryker
VA Montrose Campus
This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in FAR Subpart 12.6 and 13.106, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.
This solicitation is issued as a request for quote (RFQ). RFQ reference number 36C24218Q9886.
This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97.
This solicitation is 100% set-aside for Service Disabled Veteran Owned Small Business (SDVOSBs). The North American Industry Classification System (NAICS) code is 3339112, with a small business size standard of 1000 employees.
Description of requirement: The Montrose VA Medical Center has a requirement for Electrodes & Sterilizations Cases MFG Stryker. The contractor shall provide a quantity of:
0001 08 each Venom 100MM Multigen 2 Electrode (8400-825-010)
0002 08 each Venom 150MM Multigen 2 Electrode (8400-825-015)
0003 16 each Sterilization box, light weight (0406-650-400)
Salient Characteristics Electrodes to be used with a MultiGen2 Radiofrequency Generator
Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.
Delivery: FOB Destination 30 days after receipt of order (ARO)
VA Medical Center
Montrose Campus
2094 Albany Post Road
Montrose, NY 10548
EVALUATION: Evaluation will be determined by Lowest Price Technically Acceptable to the Government IAW FAR Subpart 13.106. Quotes must meet the technical standards set forth in the solicitation in order to be considered responsive. The Government reserves the right to make award without discussions.
Contract Administration: All contract administration matters will be handled by the following individuals:
GOVERNMENT: Purchasing Agent Denise.Edmonds@va.gov
CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with 52.232-34, Payment by Electronic Funds Transfer Other Than System For Award Management
INVOICES: Invoices shall be submitted upon final acceptance of goods
GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
Tungsten Network
http://www.tungsten-network.com/us/en/veterans-affairs
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows (if any):
AMENDMENT NO DATE
Quote packages must include the following or responses will be considered non-responsive:
Pricing
Proof of distribution authority
FOB Destination
Quotes are required to be received no later than 2:00pm EST, Thursday, 16 August 2018. Quotes and supporting documentation must be e-mailed to Denise.Edmonds@va.gov. Quotes received after the exact time specified in the solicitation are considered late and may be considered if the action would not unduly delay the acquisition or are deemed to be in the best interest of the Government.
The following clauses and provisions are applicable to this procurement:
Provisions at FAR 52.212-1, Instructions to Offerors-Commercial Items (JAN 2017)
Provisions at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (NOV 2017)
* All firms or individuals submitting a quote shall include a completed copy of this provision, OR have current Representations and Certifications in the System for Award Management (SAM - https://www.sam.gov). Representations, Certifications, and SAM must be current at award. IF NOT CURRENT AND/OR YOU DO NOT SUBMIT A COMPLETED COPY OF THIS PROVISION, YOUR QUOTE WILL BE CONSIDERED NON-RESPONSIVE.
The following additional contract requirement(s) or terms and conditions apply to this acquisition and are consistent with customary commercial practices:
THE FOLLOWING CLAUSES AND PROVISIONS ARE INCLUDED BY REFERENCE:
52.204-7 System for Award Management
52.204-13 System for Award Management Maintenance
52.212-4, Contract Terms and Conditions-Commercial Items (JAN 2017)
52.222-4 Contract Work Hours and Safety Standards Act-Overtime Compensation
52.223-6 Drug-Free Workplace
52.222-22 Previous Contracts Compliance Report
52.222-25 Affirmative Action Compliance
52.222-50 Combatting Trafficking in Persons
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications.
52.232-39 Unenforceability of Unauthorized Obligations
52.247-34 FOB Destination
852.232-72 Electronic submission of payment requests.
THE FOLLOWING CLAUSES AND PROVISIONS ARE INCLUDED BY FULL TEXT:
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (JAN 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C 632(a)(2)).
52.222-3, Convict Labor (June 2003) (E.O. 11755).
52.222-19, Child Labor Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).
52.222-21, Prohibition of Segregated Facilities (Feb 1999).
52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
52.225-1, Buy American Act Supplies (FEB 2009) (41 U.S.C. 10a-10d).
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).
52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(e)
(1)
Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
This solicitation incorporates one or more solicitation provisions by reference, with 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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
http://www.acq.osd.mil/dpap/dars/dfars/index.htm
(End of Clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
http://www.acq.osd.mil/dpap/dars/dfars/index.htm
(End of clause)
852.203-70 COMMERCIAL ADVERTISING
The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.
(End of Clause)
852.246-70B GUARANTEE
The contractor guarantees the equipment against defective material, workmanship and performance for a period of (1) one year, said guarantee to run from date of acceptance of the equipment by the Government. The contractor agrees to furnish, without cost to the Government, replacement of all parts and material that are found to be defective during the guarantee period. Replacement of material and parts will be furnished to the Government at the point of installation, if installation is within the continental United States, or f.o.b. the continental U.S. port to be designated by the contracting officer if installation is outside of the continental United States. Cost of installation of replacement material and parts shall be borne by the contractor.
(End of Clause)
Denise Edmonds
Purchasing Agent
