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This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued.

This is a Combined Synopsis/Solicitation for DME Services for Michael E. DeBakey VA Medical Center. The government intends to award an IDIQ Contract to one offeror because of this Combined Synopsis Solicitation that will include the terms and conditions set forth herein. This solicitation is issued as a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04. This acquisition is 100% set aside Service-Disabled Veteran-Owned Small Business (SDVOSB). The NAIC code is 621610 and the small business size standard is 1000 employees. Please ensure that your System for Award Management (SAM) registration indicates this NAICS code if you are interested in the requirement.

Technical Requirement:

See attached PWS

Evaluation Criteria

The due date is January 17, 2023 @ 9:00 a.m. CDT. The basis of award will be the lowest price proposal that demonstrates meeting all the minimum technical evaluation criteria listed below. Adhering to the page limitation set forth below will be strictly enforced and pages beyond that limitation will not be evaluated. Font will be New Roman, 12 fonts on 8 X 11 paper. Network Contracting Office 16 will not consider your proposal for an award if you fail to respond to the following evaluation criteria:

Technical proposal: The technical proposal shall determine the qualifications and capability of the offeror to furnish the services called for by this solicitation. It should be specific in every detail. The proposal shall be concise and provide enough information to demonstrate the offeror’s capacity to satisfactorily perform the entire Performance Work Statement (PWS) tasks outlined. The Government shall evaluate the Offeror’s Business Capabilities (offeror shall be technically evaluated on these):

1. The Contractor and all sub-contractors, used in the execution of this contract, shall have pick-up, delivery, storage, and repair capabilities/ competencies to perform work outlined in the PWS, within the defined contract timelines, and geographic area of all sites and/or zones. Contractor shall submit a written document certifying ability to effectively meet all requirements of the contract with the solicitation package.


2. The Contractor shall list below or by attachment hereto, the name, location, and telephone number of any firms proposed to be used in the performance of the contract. If the Contractor maintains branches and/or agents through whom business may be transacted, they shall submit a list thereof with the solicitation package


3. The Contractor shall submit written documentation of evidence of current Joint Commission accreditation or accreditation by an equivalent body (which meets or exceeds Joint Commission Accreditation) with the solicitation package. The Contractor shall maintain current accreditation at time of award and for the duration of this contract.

Pricing proposal: The Offeror’s pricing proposal, consisting of properly completed and signed solicitation documents as specified in Block 28 of Standard Form 1449. Offeror shall complete blocks 12, 17a, 30a, 30b and 30c of the Standard Form 1449, and complete all certifications contained in the Offeror’s Representations and Certifications. All price information shall be included in the pricing proposal. To determine price, an aggregate of all items shall be provided. Offeror shall indicate pricing on each line item listed in Pricing Schedule. If the pricing proposal is not complete, no further consideration shall be given to the offeror, and it shall not be considered for award. The Offeror’s SAMS’S EIU number shall be shown on the SF 1449. The proposals shall be evaluated, and award shall be made based on which offer is most advantageous to the government as per FAR Part 13. As authorized by FAR Subpart 13.5, simplified procedures shall be utilized.

Lowest Price Technically Acceptable (LPTA) Source Selection Process. The LPTA source selection process is appropriate when best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. This solicitation uses the LPTA process, and the following applies:

Award for All of the Work. The Government intends to award one contract because of this solicitation. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a price and technical standpoint.

The proposals shall be evaluated in accordance with the following:

 Price (Base Year + 4 Option Years)

 Technical Acceptability (proposed ability and methods to meet the PWS specifics)

(End of Addendum to 52.212-1)

The full text of FAR provisions or clauses may be accessed electronically at

http://acquisition.gov/comp/far/index.html.

The full text of VAAR provisions or clauses may be accessed electronically at

https://www.va.gov/oal/library/vaar/index.asp

The following solicitation provisions apply to this acquisition:

• FAR 52.204-7, System for Award Management (OCT 2018)

• FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020)

• FAR 52.212-1, Instructions to Offerors–Commercial Items (OCT 2018)

• FAR 52.212-3, Offerors Representations and Certifications–Commercial Items (FEB 2021)

Offerors must complete annual representations and certifications on-line at

http://orca.bpn.gov 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.

The following contract clauses apply to this acquisition:

• FAR 52.212-4, Contract Terms and Conditions–Commercial Items (NOV 2021)

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

• 52.219-6 Notice of Total Small Business Set-Aside (MAR 2000)

• 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

• FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items” (JAN 2021)

The following subparagraphs of FAR 52.212-5 are applicable:

Subparagraphs (b) 4, 8, 14 (i), 22(i), 27, 28, 29, 30(i), 31(I), 32(i), 33, 35(i), 44, 48, 51 and 58 are considered checked and apply.

The following clauses and provisions apply to this acquisition:

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018)

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

The Government intends to make award based on initial proposals. Accordingly, vendors are encouraged to submit their initial proposals based upon most favorable terms, prices, technical, and other factors.

Buy American statute (FAR 52.225-1, FAR 52.225-2)

Limitations on Subcontracting (FAR 52.219-27, VAAR 852.219-10, VAAR 852.219-11, 13 CFR 125.6)

Non-Manufacturer Rule (FAR 19.102(f), 13 CFR 121.406)

FAR 52.216-18, Ordering (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __January 31, 2023________ through ___January 30, 2028_________. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) A delivery order or task order is considered “issued” when— (1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail; (2) If sent by fax, the Government transmits the order to the Contractor's fax number; or (3) If sent electronically, the Government either— (i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (ii) Distributes the delivery order or task order via email to the Contractor's email address. (d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

FAR 52.216-19, Ordering Limitations (Oct 1995), (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ______$10.00_______, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of ___$20,000__ ; (2) Any order for a combination of items in excess of _______$25,000___; or (3) A series of orders from the same ordering office within ______10____ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _2__ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22, Indefinite Quantity (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after ____January 30, 2028___________.

FAR 52.217-8, Option to Extend Services, The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only because of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within __30 Days___.

Prospective Contractors are reminded that in accordance with FAR 4.11 they shall be registered in the System for Award Management (SAM) database and shall complete electronic annual representations and certifications in SAM prior to award of a contract. SAM is located at http://www.sam.gov and consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is NO cost to use SAM.

Grey Market Prevention Language

(a) Grey 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 must 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 grey 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 grey

market item(s) delivered to a VA medical facility upon discovery of such items.

All Contractors shall submit the following: one copy of their best and final proposal.

All proposals are due January 17, 2023, @ 9:00 a.m. CDT

Point of Contact: Rosa Thomas, Contract Specialist Rosa.thomas@va.gov.

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