Combine Solicitation – 65– SPIDER2 Limb Positioner Brand Name Only
Notice Type: Combine Solicitation
Posted Date:
Office Address:
Subject: 65-- SPIDER2 Limb Positioner Brand Name Only
Classification Code: 65 - Medical, dental & veterinary equipment & supplies
Solicitation Number: VA25817Q0659
Contact:
Setaside: Total Small BusinessTotal Small Business
Place of Performance (address): Phoenix Carl T. Hayden VAMC;
Place of Performance (zipcode): 85012
Place of Performance Country:
Description:
Phoenix VAMC
PAGE 1 OF1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a.
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
DUNS:
DUNS+4:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
31a.
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
13
644-17-3-260-0818
VA258-17-Q-0659
602-795-4372
VISN/18PHX
777
X
100
X
Y
339112
X
Phoenix Carl T. Hayden VAMC
VISN/18PHX
777
This is accomplished through the
Tungsten Network located at
http://www.fsc.va.gov/einvoice.asp
This is the mandatory and sole method
for submitting invoices
See CONTINUATION Page
ALL PROPOSED PRODUCTS MUST BE BRAND NAME
Smith & Nephew Products
Vendors quoting as SDVOSB or VOS must be vetbiz.gov Verified
This procurement is for NEW Equipment ONLY
no remanufactured or "gray market" items.
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
Provide a copy of an authorized distributor letter from
the manufacturer to verify authorizatized distribution of
quoted items
VENDOR QUESTIONS MUST BE SUBMITTED VIA EMAIL TO
CONTRACTING POC: [email protected]
No Later than
See CONTINUATION Page
X
X
VA258-17-Q-0659
Page 1 of
Page 2 of 13
Page 1 of
Table of Contents
SECTION A 1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1
SECTION B - CONTINUATION OF SF 1449 BLOCKS 3
B.1 CONTRACT ADMINISTRATION DATA 3
B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (
B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (
State of Work 4
Spider2 Limb Positioner 4
B.4 PRICE/COST SCHEDULE 6
ITEM INFORMATION 6
B.5 DELIVERY SCHEDULE 6
SECTION C - CONTRACT CLAUSES 7
C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 12
SECTION E - SOLICITATION PROVISIONS 12
E.1 52.212-2 EVALUATION COMMERCIAL ITEMS (
E.2 VAAR 852.211-73 BRAND NAME OR EQUAL (
VA258-17-Q-0659
Page 1 of
Page 4 of 13
Page 1 of
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
(continuation from Standard Form 1449, block 18A.)
1.
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C258
VISN/18PHX
777
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X]
52.232-34, Payment by Electronic Funds Transfer Other Than System For Award Management, or
[]
52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] NET 30 Days
4. 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.
This is accomplished through the Tungsten Network located at http://www.fsc.va.gov/einvoice.asp
This is the mandatory and sole method for submitting invoices
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO
DATE
B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (
This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by
B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (
This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of
VA258-17-Q-0659
Page 1 of
Page 13 of 13
Page 1 of
State of Work
Spider2 Limb Positioner
General Objectives and Requirements
Purpose:
Background: The Agency uses Smith & Nephew SPIDER limb positioners to keep the shoulders of patients in place during arthroscopic surgeries. The limb positioner is able to stably tilt and rotate the patient s arm. The limb positioner gets so much use that the post that attaches to the operating table and its arm extension are starting to fail. The manufacturer confirmed that the shoulder attachments the Agency is currently using with the SPIDER model are compatible with the SPIDER2 limb positioner.
Scope and Methodology: The Contractor will deliver the requirement in its entirety as listed below:
Contractor shall ship and deliver all requirements as listed
Materials will be new, not refurbished.
Contractor shall be a manufacturer authorized reseller/ distributor of the quoted items--
If the Contractor is quoting/offering or equal items, the Contractor must clearly identify the exact make, model, manufacturer and item description for each line item to be considered. Quotes/offerors that do not provide an adequate description of how the equal product meets the salient characteristics will not be considered for award. This is not applicable to offerors that are quoting EXACT MATCH items.
Functional/Performance/Specification Statement and Evaluation Criteria
NO.
SPECIFICATION/CRITERIA
RATING
1.
SPIDER2 limb positioner
1.A.
Attaches and functions with SPIDER shoulder attachments
3
1.B.
Attaches to horizontal rails on Skytron 3600 operating table
3
1.C.
Battery Powered
3
2.
SPIDER2 battery pack
2.A.
Provides power to SPIDER2
3
2.B.
Rechargeable or batteries replaceable without sending to Manufacturer
3
3.
SPIDER2 transport cart
3.A.
Fits SPIDER2 limb positioner and attachments
3
3.B.
Protects SPIDER2 limb positioner and attachment from falls and damage
3
Legend: Ratings
0: N/A
1: Low importance
2: Medium importance
3: High importance
The C&A requirements do not apply and a Security Accreditation Package is not required.
The medical devices included in this contract do not capture or process PHI/PII/III.
Delivery and Shipping Information:
Delivery 30 Days ARO
Phoenix VAMC,
Shipping FOB Destination, Warehouse Delivery Hours
Packing slip shall be included with delivery
B.4 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
0001
Smith & Nephew SPIDER2 limb positioner
STOCK NUMBER: 72203299
1.00
EA
_________
__________
0002
Smith & Nephew SPIDER2 battery pack
STOCK NUMBER: 72203301
1.00
EA
_________
__________
0003
Smith & Nephew SPIDER transport cart
STOCK NUMBER: 72200918
1.00
EA
_________
__________
0004
User manuals and Maintenance Manuals
2 each one hard copy one electronic if available
2.00
_________
__________
GRAND TOTAL
__________
B.5 DELIVERY SCHEDULE
ITEM NUMBER
QUANTITY
DELIVERY DATE
0001
1.00
0002
1.00
0003
1.00
0004
2.00
SECTION C - CONTRACT CLAUSES
FAR Number
Title
Date
52.212-1
INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS
52.212-3
OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL ITEMS
52.212-4
CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS
852.203-70
COMMERCIAL ADVERTISING
852.211-70
SERVICE DATA MANUALS, MECHANICAL EQUIPMENT
852.232-72
ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
852.246-70
GUARANTEE
852.246-71
INSPECTION
C.1 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(3) 52.233-3, Protest After Award (
(4) 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:
[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (
[] (2) 52.203-13,
[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (
[] (4) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (
[] (5) [Reserved]
[] (6) 52.204 14, Service Contract Reporting Requirements (
[] (7) 52.204 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (
[] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (
[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (
[] (10) [Reserved]
[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (
[] (ii) Alternate I (
[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (
[] (ii) Alternate I (
[] (13) [Reserved]
[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (
[] (ii) Alternate I (NOV 2011).
[] (iii) Alternate II (NOV 2011).
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (
[] (ii) Alternate I (
[] (iii) Alternate II (
[] (16) 52.219-8, Utilization of Small Business Concerns (
[] (17)(i) 52.219-9, Small Business Subcontracting Plan (
[] (ii) Alternate I (
[] (iii) Alternate II (
[] (iv) Alternate III (
[] (v) Alternate IV (
[] (18) 52.219-13, Notice of Set-Aside of Orders (
[] (19) 52.219-14, Limitations on Subcontracting (
[] (20) 52.219-16, Liquidated Damages Subcontracting Plan (
[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (
[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (
[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (
[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (
[X] (25) 52.222-3, Convict Labor (
[X] (26) 52.222 19, Child Labor Cooperation with Authorities and Remedies (
[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (28) 52.222 26, Equal Opportunity (
[] (29) 52.222-35, Equal Opportunity for Veterans (
[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (
[] (31) 52.222-37, Employment Reports on Veterans (
[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (
[X] (33)(i) 52.222-50, Combating Trafficking in Persons (
[] (ii) Alternate I (
[] (34) 52.222-54, Employment Eligibility Verification (
[] (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (
Note to paragraph (b)(35): By a court order issued on
[] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (
[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (
[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (
[] (ii) Alternate I (
[] (40)(i) 52.223-13, Acquisition of EPEAT---Registered Imaging Equipment (
[] (ii) Alternate I (
[] (41)(i) 52.223-14, Acquisition of EPEAT---Registered Televisions (
[] (ii) Alternate I (
[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).
[] (43)(i) 52.223-16, Acquisition of EPEAT---Registered Personal Computer Products (
[] (ii) Alternate I (
[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (
[] (45) 52.223-20, Aerosols (
[] (46) 52.223-21, Foams (
[] (47) (i) 52.224-3, Privacy Training (
[] (ii) Alternate I (
[X] (48) 52.225-1,
[] (49)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (
[] (ii) Alternate I (
[] (iii) Alternate II (
[] (iv) Alternate III (
[] (50) 52.225 5, Trade Agreements (
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (
[] (52) 52.225 26, Contractors Performing Private Security Functions Outside the United States (
[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (
[] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (
[] (56) 52.232-30, Installment Payments for Commercial Items (
[] (57) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (
[X] (58) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (
[] (59) 52.232-36, Payment by Third Party (
[] (60) 52.239-1, Privacy or Security Safeguards (
[] (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
[] (62)(i) 52.247-64, Preference for Privately Owned
[] (ii) Alternate I (
(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:
[] (1) 52.222-17,
[] (2) 52.222-41, Service Contract Labor Standards (
[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (
[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (
[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (
[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (
[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (
[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
[] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (
[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (
[] (11) 52.237-11, Accepting and Dispensing of
(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (
(iii) 52.219-8, Utilization of Small Business Concerns (
(iv) 52.222-17,
(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vi) 52.222 26, Equal Opportunity (
(vii) 52.222-35, Equal Opportunity for Veterans (
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (
(ix) 52.222-37, Employment Reports on Veterans (
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (
(xi) 52.222-41, Service Contract Labor Standards (
(xii)(A) 52.222-50, Combating Trafficking in Persons (
(B) Alternate I (
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (
(xv) 52.222-54, Employment Eligibility Verification (
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (
Note to paragraph (e)(1)(xvii): By a court order issued on
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (
(xx)(A) 52.224-3, Privacy Training (
(B) Alternate I (
(xxi) 52.225 26, Contractors Performing Private Security Functions Outside the United States (
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (
(xxiii) 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)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-2 EVALUATION COMMERCIAL ITEMS (
(a) 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:
Brand Name or Exact Match
Technical and past performance, when combined, are less important than Brand Name or Exact Match.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) 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.
(End of Provision)
E.2 VAAR 852.211-73 BRAND NAME OR EQUAL (
(Note: as used in this clause, the term "brand name" includes identification of products by make and model.)
(a) If items called for by this invitation for bids have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation.
(b) Unless the bidder clearly indicates in the bid that the bidder is offering an "equal" product, the bid shall be considered as offering a brand name product referenced in the invitation for bids.
(c)(1) If the bidder proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the invitation for bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his/her bid as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information that is not identified in the bid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his/her bid all descriptive material (such as cuts, illustrations, drawings or other information) necessary for the purchasing activity to:
(i) Determine whether the product offered meets the salient characteristics requirement of the Invitation for Bids, and
(ii) Establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the purchasing activity.
(2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he/she shall:
(i) Include in his/her bid a clear description of such proposed modifications, and
(ii) Clearly mark any descriptive material to show the proposed modifications.
(3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered.
The clause entitled "Brand name or equal" applies to all line items.
(End of Clause)
Link/URL: https://www.fbo.gov/spg/VA/PhVAMC/HMC/VA25817Q0659/listing.html
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