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52.212-1, Instructions to Offerors--Commercial Items applies to this acquisition

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL

Gray market items are Original Equipment Manufacturer s (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.

Offeror 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.

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.

Offerors providing an or equal product(s) must adhere to the terms in FAR 52.211-6. If an item in this solicitation is identified as brand name or equal, the purchase description reflects the characteristics and level of quality that will satisfy the Government s needs. The salient physical, functional, or performance characteristics that equal products must meet or exceed are specified in the solicitation. To be considered for award, offers of equal products, including equal products of the brand name manufacturer, must
Meet the salient physical, functional, or performance characteristic specified in this solicitation;
Clearly identify the item by-
Brand name, if any and
Make or model number,
Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.
The contracting officer will evaluate equal products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the contracting officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Unless the offeror clearly indicates in its offer that the product being offered is an equal product, the offeror shall provide the brand name product referenced in the solicitation
Any award made as a result of this solicitation will be made on an All or Nothing Basis.

State if quoted items are available and priced through offerors existing Government-wide Acquisition Contract (GWAC), GSA Multiple Award Schedule (MAS) contract, or VA-wide Acquisition Contract.

This acquisition is set-aside for VOSBs, their socioeconomic status must be VIP verified and visible in the VA Vendor Information Pages (VIP): at the time of quote submission AND award, or will be considered non-responsive, and will NOT be considered for award.

Offerors are warned against contacting any VA personnel other than the Contracting Officer and Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations.

All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror s page limitations unless otherwise indicated in the specific volume instructions below.

All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote.

Submission of quote shall include the following volumes: (I) - Technical capability or quality of the item offered to meet the Government requirement; (II) Price, (III) Delivery Lead Time

Volume I - Technical capability or quality of the item offered to meet the Government requirement
The offeror shall submit specifications, cut sheets, or brochures confirming the equal products, including equal products of the brand name manufacturer submitted, meets or exceeds the salient physical, functional, or performance characteristic specified in this solicitation. The product(s) quoted must be identified by brand name, if any, and make or model number.

Volume II Price
Price - The offeror shall complete the pricing schedule provided in Section (v) above: Price/Cost Schedule.

Volume III Delivery Lead Time The offeror shall state the required number of calendar days to deliver the item, to include installation, if applicable.

(End of Addendum to 52.212-1)

52.212-2, Evaluation--Commercial Items applies to this acquisition

ADDENDUM to FAR 52.212-2 EVALUATION COMMERCIAL ITEMS:

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 considering price and other factors.

The following factors shall be used to evaluate quotations:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement
Factor 2. Price
Factor 3. Delivery Lead Time
Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2(b)(3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

Factor 2. Price: The Government will evaluate the price by adding the total of all line item prices. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement shall not be selected regardless of price.

Factor 3. Delivery Lead Time - The Government will evaluate delivery lead time and select the quoter/offer whose delivery lead time is most advantageous to the Government. The Government may consider an award to other than the lowest priced quoter/offeror if it s in the best interest of the Government.

(End of Addendum to 52.212-2)

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