Amendment to Combined Synopsis/Solicitation – 65– MASTER SHOULDER SET
Notice Type: Amendment to Combined Synopsis/Solicitation
Posted Date:
Office Address:
Subject: 65-- MASTER SHOULDER SET
Classification Code: 65 - Medical, dental & veterinary equipment & supplies
Solicitation Number: VA24217Q0529
Contact: Mary T BetkerContracting Officer 716-862-6385 mailto:[email protected] [Contracting Officer]
Setaside: Total Small BusinessTotal Small Business
Description:
[Type text]
COMBINED SYNOPSIS/SOLICITATION
MEDTRONIC ARTHREX SURGICAL IMPLANT ITEMS
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 contains BRAND NAME ONLY specifications. Only an ARTHREX brand item will be considered as specified in paragraph VII. Only an Arthrex Brand items are requested in accordance with FAR SubPart 6.302-1. No other supply by any other manufacturer will meet agency requirements due to Arthrex peripheral equipment currently employed at the
(iii) This solicitation is issued as a request for quote (RFQ). Request for Quote will be submitted through fedbizopps.gov on RFQ reference number VA242-17-Q-0529.
(iv) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95.
(v) This procurement is being issued as 100% set-aside for SMALL BUSINESSES (SB). It is the Government s intent to issue a firm fixed price, single award as a result of this solicitation. The North American Industry Classification System (NAICS) code is 339112, Surgical knife blades and handles manufacturing, with a small business size standard of 1000 employees. This solicitation is 100% set-aside for SB.
(vi) The Contractor shall provide all parts and labor necessary to deliver the surgical device as listed below and manufactured by Arthrex and specified below. The requested products shall be delivered in new and unused/unopened condition.
(vii) Description of requirement: The contractor shall provide as manufactured by Arthrex:
ARTHREX BRAND NAME PRODUCT FOR COMPATIBILITY PURPOSES IN FACILITY - DURABLE MASTER SHOULDER INSTRUMENT SET MANUFACTURER PART NUMBER:
AR-8402MS - 1 EACH --- $_______________
Only offers meeting the above specifications shall be considered, price shall be a delivered price to:
FOB Destination- 10 Days ARO
Albany VAMC,
(ix) The provision at FAR 52.212-1, Instructions to Offerors-Commercial Items, applies to this acquisition.
(x) Evaluation will be determined based on price and soonest available delivery to determine best value to the Government IAW FAR Subpart 13.106. Meeting or exceeding the technical standards will be weighted equal to price. 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.
(xi) The provisions at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items apply to this acquisition. * 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. If Veteran Owned Business is awarded, Vendor must be a Certified Veteran Owned in www.vetbiz.gov to be considered for an award.
(xii) The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.
(xiii) 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
52.223-6 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 (
(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 (
Alternate I (
(2) 52.233-3, Protest After Award (
(3) 52.233-4, Applicable Law for Breach of Contract Claim (
(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:
[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (
[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (
[X] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (
[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (
[X] (25) 52.219-28, Post Award Small Business Program Representation (
[X] (28) 52.222-3, Convict Labor (
[X] (29) 52.222-19, Child Labor Cooperation with Authorities and Remedies (
[X] (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
[X] (31) 52.222-26, Equal Opportunity (
[X] (33) 52.222-36, Affirmative Action for Workers with Disabilities (
[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (
[X] (41) 52.225-1,
[X] (42)(i) 52.225-3, Buy American Act Free Trade Agreements Israeli Trade Act (
[X] (ii) Alternate I (
[X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (
[X] (51) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (
[X] (52) 52.232-36, Payment by Third Party (
[X] (54)(i) 52.247-64, Preference for Privately Owned
(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:
(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.
(1) The Comptroller General of
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(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,
(ii) 52.219-8, Utilization of Small Business Concerns (
(iii) 52.222-17,
(iv) 52.222-26, Equal Opportunity (
(v) 52.222-35, Equal Opportunity for Veterans (
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (
(viii) 52.222-41, Service Contract Act of 1965 (
(ix) 52.222-50, Combating Trafficking in Persons (
Alternate I (
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements "(
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C.
(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xv) 52.247-64, Preference for Privately Owned
(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)
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (
(a) Definitions. As used in this provision--
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of
Service-disabled veteran-owned small business concern --
(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; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(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).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of
(ii) Each individual claiming economic disadvantage has a net worth not exceeding
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) 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 veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of
(b)
(1) The North American Industry Classification System (NAICS) code for this acquisition is _339112_.
(2) The small business size standard is __1000 employees.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(c) Representations.
(1) The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--
(i) It [_] is, [_] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.
(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that is [_] is, [_] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall --
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
(End of Provision)
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://www.acq.osd.mil/dpap/dars/dfars/index.htm
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://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
(End of Clause)
852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
(a) Definitions. As used in this clause-
(1) Contract financing payment has the meaning given in FAR 32.001.
(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests.
(4) Invoice payment has the meaning given in FAR 32.001.
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1)
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the
(1) Awards made to foreign vendors for work performed outside
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a
(5) Solicitations or contracts in which the
(End of clause)
(xiv) Instructions to Offerors: Quote packages must include the following or responses will be considered non-responsive:
Pricing
Proof of Arthrex distribution authority
(xv) Quotes are required to be received NO LATER THAN
(xvii) Direct your questions in writing to the Contracting Officer,
Statement of Work (SOW)
As of
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Link/URL: https://www.fbo.gov/spg/VA/VAWNYHCS528/VAWNYHCS528/VA24217Q0529/listing.html
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