This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This solicitation is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular #2025-03 (January 17, 2025) This solicitation is for Brand Name or Equal Roche Diagnostics Cobas 5800 System, associated assays, and supplies. Roche Diagnostics Systems, Inc 9115 Hague Road, Indianapolis, IN 47250 does not have any authorized distributors to provide the requirement. The Department of Veteran Affairs, Veteran Health Administration, Network Contracting Office 10, intends to award a firm-fixed price contract base plus four (4) option years for the Cincinnati VA Medical Center Microbiology Department, 3200 Vine Street, Cincinnati, OH 45220. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 (Analytical Laboratory Instrument Manufacturing), with a small business size standard of 1,000 employees. The FSC/PSC is 6640 (Laboratory Equipment and Supplies). All interested offerors shall provide quotes for the following and comply with Instructions for Quote Submission detailed below. .Category Annual Cost Term Cost Reagents Consumables Controls Total Reagent Commitment     X   Material Name Annual Committed Kits Price per Kit Annual Committed Total KIT COBAS 58/68/8800 CT/NG 480T IVD 1 KIT COBAS 58/68/8800 TV/MG 384T IVD 1 KIT COBAS 58/68/8800 HPV 480T IVD 1 KIT COBAS 58/68/8800 BKV 192T IVD 1 KIT COBAS 58/68/8800 CMV 192T IVD 1 KIT COBAS 58/68/8800 EBV 192T IVD 1 KIT COBAS 58/68/8800 HBV 192T IVD 1 KIT COBAS 58/68/8800 HCV 192T IVD 2 KIT COBAS 58/68/8800 HIV 192T IVD 2 KIT C58/68/88 HIV-1/HIV-2 QUAL 192T IVD 1 KIT COBAS 58/68/88 UTIL CHAN 192T IVD 1 Reagent Commitment Total:      Test/Reportable Menu     X Material Name Annual Tests Estimated Cost per Test* KIT COBAS 58/68/8800 CT/NG 480T IVD 438 KIT COBAS 58/68/8800 TV/MG 384T IVD 382 KIT COBAS 58/68/8800 HPV 480T IVD 270 KIT COBAS 58/68/8800 BKV 192T IVD 192 KIT COBAS 58/68/8800 CMV 192T IVD 192 KIT COBAS 58/68/8800 EBV 192T IVD 192 KIT COBAS 58/68/8800 HBV 192T IVD 192 KIT COBAS 58/68/8800 HCV 192T IVD 230 KIT COBAS 58/68/8800 HIV 192T IVD 355 KIT C58/68/88 HIV-1/HIV-2 QUAL 192T IVD 192 KIT COBAS 58/68/88 UTIL CHAN 192T IVD 184 Consumable Commitment     X   Material Name Annual Committed Kits Price per Kit Annual Committed Total Tip CORE TIPS with Filter,1ml 2 KIT COBAS PCR URINE 100 PKT IVD 3 cobas omni Processing plate 3 cobas omni Liquid waste plate 3 CORE tips, 300 uL 1 cobas omni Amplification Plate 2 KIT COBAS 58/68/8800 WASH IVD 10 KIT COBAS 58/68/8800 SPEC DIL RGNT IVD 3 KIT COBAS 58/68/8800 LYS RGNT IVD 3 KIT COBAS 58/68/8800 MGP IVD 6 KIT COBAS PCR MEDIA DUAL SWB 100 PKT IVD 3 KIT COBAS PCR MEDIA UNI SWB 100 PKT IVD 3 Consumable Total:     Control Commitment     X   Material Name Annual Committed Kits Price per Kit Annual Committed Total KIT COBAS 58/68/8800 HBV/HCV/HIV RMC IVD 5 KIT COBAS 58/68/8800 CMV RMC IVD 1 KIT COBAS 58/68/8800 NHP NEG RMC 4 KIT COBAS 58/68/8800 HIV-1/2 RMC IVD 1 KIT COBAS 58/68/8800 EBV/BKV RMC IVD 2 KIT COBAS 58/68/8800 BUFF NEG RMC 5 KIT COBAS 58/68/8800 CT/NG RMC IVD 2 KIT COBAS 58/68/8800 TV/MG RMC IVD 1 KIT COBAS 58/68/8800 HPV RMC IVD 1 Controls Total:      Statement of Work for Reagent Rental Agreement for Molecular Testing General Purpose Requesting the acquisition of an FDA approved molecular instrument, accessories, reagent kits, consumables, supplies, yearly maintenance and annual customer training for HCV and HIV quantitative viral load testing, CT/NG, TV/MG, HIV 1/2 Qualitative, EBV, CMV and HPV testing through a reagent rental purchase agreement for the microbiology/molecular department of the Pathology and Laboratory Medicine Service (P&LMS) at the Cincinnati VAMC, Cincinnati, OH. This acquisition is necessary to bring testing in-house to provide timely, assessable and high-quality testing and results in accordance with the VA Fiscal Years 2022-28 Strategic Plan. Scope The Contractor will provide instrument and related components including printers and power supplies, all reagents, supplies and consumables, technical and field support, service, and training for HCV and HIV quantitative viral load testing, CT/NG, TV/MG, HIV 1/2 Qualitative, EBV, CMV and HPV testing. Additional assays may be added to the test menu as they become available at the discretion of Cincinnati VAMC. The Contractor shall: Deliver, install, and set up the instrument and components. Provide test validation guidance. Provide technical support and guidance. Provide reagents, consumables, and supplies as requested by Cincinnati VAMC staff. Provide set up for interfaced result reporting, which includes LIS physical connection and translation (drivers), and any required (additional) interface connection license(s). Provide instrument repairs and scheduled preventive maintenance for the instrument and system components. Provide operator training. Location The analyzer will be located, and testing will be performed in the Microbiology/Molecular section of P&LMS, Cincinnati VA Medical Center, 3200 Vine Street, Cincinnati, OH 45220. Performance Requirements The following are required: 1. Testing Requirements: FDA approved assays for quantitative HIV and HCV testing. FDA approved assay for CT/NG for use with male and female urine, endocervical and vaginal swab, and extragenital swab specimen types. FDA approved assay for TV/MG for use with male and female urine, endocervical and vaginal swabs. FDA approved assay for differentiation and confirmation of HIV-1 and HIV-2. FDA approved assay for detection of EBV. FDA approved assay for detection of CMV. FDA approved assay for detection of HPV. 2. System and Workflow Requirements: System footprint must not require more than 82 of linear wall space or more than 68 inches of depth. Assay preparation process is automated and does not require operator intervention once processing has started. Reagents are ready to use. System does not require external calibration. System accommodates primary or secondary tubes. Minimal tech time is required for maintenance, 30 minutes. System can accommodate multiple assays in one run. 3. Contamination Controls: Reagents contain UNG (uracil-N-glycosylase) to prevent crossover contamination. System does not require bleaching. System uses disposable transfer pipettes to prevent crossover contamination. 4. Connectivity Requirements: System is fully interfaced (bi-directional) with VistA and Cerner via Data Innovations. 5. Maintenance: The Contractor shall perform preventive maintenance at intervals specified by the manufacturer to ensure proper equipment performance. Preventive Maintenance includes the following: Monthly deliverables shall be received in full. Testing all components for proper test performance. Equipment shall reproduce results according to manufacturer s specifications. After Preventative Maintenance, the Contractor shall submit a detailed work report for notice at no additional cost to the government. Delivery of parts or materials for Preventive Maintenance. The Contractor shall provide all preventive service materials at no additional cost the government. 6. Technical Support: Support Personnel will be available by during business hours each business day, and live representatives via the Contractor s message center will be available by telephone at all other times. Technical support shall be available via telephone during business days (and by message center after hours) to provide troubleshooting assistance or to answer testing inquiries. On-site technical support shall be available for escalations within 24 hours, Monday-Friday, except for Federal holidays. 7. On-site Repairs: For issues that the Contractor determines to require on-site support, the Contractor shall dispatch one or more Support Personnel, normally within 24 business hours after documentation. The Contractor shall submit a detailed work report to include all required materials. For the delivery of repairs, parts, or materials, the Contractor shall provide all parts and materials at no additional cost the government. The Contractor shall remove all parts, equipment or materials replaced or upgraded by the Contractor due to and not limited to repairs, replacements, recall, and upgrades without any cost to the government. 8. Training: The Contractor will provide two (2) initial operator training sessions for the Base year and one additional operator training at a later date if it is needed. 9. Safety: The Contractor shall immediately notify Cincinnati VAMC of any changes in reagent kit composition, procedure modification, recall notification, or any changes that will affect the performance of the test or procedure according to FDA regulations. 10. Test Performance: All tests, procedures, and equipment must perform at manufacturer s specifications. Deviations from the performance specifications shall be corrected by the Contractor. Test performance will be evaluated by and not limited for performance thru peer comparison, quality control and CAP proficiency testing peer evaluation. The vendor shall reimburse Cincinnati VAMC for any costs and/or supplies related to tests sent to a referral laboratory when testing is not available through no fault of the facility due to reagent problems, other product issues, instrumentation failure, or other factors. The assessed damages shall be applied to the invoice in the form of a credit or deduction. Period of Performance Cost per Test Purchase Agreement for the FDA approved molecular analyzer will be in effect for one (1) base contracting year with options to extend the contract for four (4) additional one (1) year periods. The vendor shall remove all equipment within 90 days after notification of the expiration of the terms of this agreement but not until the completion of new vendor's equipment installation inclusive of completed cross over studies. Vendor shall be responsible for removing the hard drive and turning it over to the Cincinnati VAMC Biomedical Service for destruction prior to removal of any analyzer. Deliverables/Supplies This order is for the cost per test procurement of an instrument/system for molecular diagnostic testing. Reagents and supplies will be purchased under the terms of the reagent rental purchase agreement. The Contractor shall deliver all supplies necessary for test performance at no Government cost. The Contractor shall deliver all and not limited to operational, maintenance, troubleshooting, small repairs, equipment specifications, and test manuals. The Contractor shall install the equipment and perform test verification according to manufacturer specification and regulatory requirements. The Contractor shall provide supplies: reagents and consumables for the Hepatitis C and HIV Load, CT/NG, TV/MG, HIV 1/2 Qualitative, EBV, CMV and HPV testing. Additional testing may be added at the discretion of VAMC. Any additional testing shall be negotiated between the Contractor and VAMC. In the event that requested supplies are on backorder, Contractor is to provide information as to the estimated time of availability. The Contractor shall deliver all invoices for review according to the established contract at the end of each billing cycle. All items not contracted shall be specifically detailed on the invoice including description, quantity acquired, and government cost. Any changes in reagents or equipment modifications shall be immediately disclosed by the Contractor electronically as well as by postal mail with supporting documentation of the change, and detailed guidance for implementation within twenty-four hours of its application. Additional charges incurred by the government to provide the continuity of contracted tests to patients and not limited to outsourcing, transportation, and or any other additional cost shall be covered by the Contractor at no additional charge to the government. Security Requirements This contractor requires no access to Cincinnati VAMC or any VA information system. The analyzer will be interfaced to the Cincinnati VAMC information system. There will be supervised access when the contractor is physically present for technical support, service calls, and scheduled preventative maintenance. NO VA DATA OF ANY TYPE SHALL BE TRANSFERRED FROM THE VA. Contractors or any representative of the contracted company will obtain a visitor s badge up entry of the facility for all official business. Contractors or any representative of the contracted company will not remove any part of the contracted equipment containing patient data. Include the security clause in the contract: General Security Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. Access to VA Information and VA Information Systems 1. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. 2. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. Records Management All records (administrative and program specific) created during the period of the contract belong to Cincinnati VAMC and must be returned to the VAMC at the end of the contract. The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: FAR 52.201-1 Acquisition 360: Voluntary Survey (SEP 2023) Acquisition 360: Voluntary Survey (Sep 2023) (a)All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https://www.acquisition.gov/ 360. (b)The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition. (End of provision) FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (SEP 2023) SOLICITATION PROVISIONS ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 following provisions are incorporated into 52.212-1 as an addendum to this solicitation. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 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): https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/ (End of Provision) FAR 52.204-7, System for Award Management (OCT 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020) FAR.204-20, Predecessor of Offeror (AUG 2020) FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Service or Equipment (NOV 2021) FAR 52.204-29, Federal Acquisition Supply Chain Security Act Orders Representation and Disclosures (DEC 2023) FAR 52.211-6, Brand Name or Equal (AUG 1999) FAR 52.212-4, Evaluation of Options Exercised at Time of Contract Award (JUNE 1988) FAR 52.217-4, Evaluation of Options Exercised at Time of Contract Award (JUNE 1988) FAR 52.233-2, Service of Protest (SEPT 2006) (End of Addendum to 52.212-1) 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS REPRESENTATION AND DISCLOSURES (DEC 2023) (a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition. (b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition. (c) Procedures. (1) The Offeror shall search for the phrase FASCSA order in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition. (2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)). (3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation. (d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e). (e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer: (1) Name of the product or service provided to the Government; (2) Name of the covered article or source subject to a FASCSA order; (3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror; (4) Brand; (5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); (6) Item description; (7) Reason why the applicable covered article or the product or service is being provided or used; (f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver. (End of Provision) VAAR 852.233-70 Protest Content/Alternative Dispute Resolution: (OCT 2018) (a) Any protest filed by an interested party shall - (1) Include the name, address, fax number, email and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation. (End of provision) VAAR 852.233-71 Alternate Protest Procedure (OCT 2018) (a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov. (b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer. (End of provision) VAAR 852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer. (End of provision) VAAR 852.273-70, Late Offers (NOV 2021) This provision replaces paragraph (f) of FAR provision 52.212-1, Instructions to Offerors - Commercial Items. Offers or modifications of offers received after the time set forth in a request for quotations or request for proposals may be considered, at the discretion of the Contracting Officer, if determined to be in the best interest of the Government. Late bids submitted in response to an invitation for bid (IFB) will not be considered. (End of provision) VAAR 852.273-74, Award Without Exchanges (NOV 2021) The Government intends to evaluate proposals and award a contract without exchanges with Offerors. Therefore, each initial proposal should contain the Offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the Contracting Officer to be necessary. (End of Addendum to FAR 52.212-1) FAR 52.212-3, Evaluation-Commercial Items (NOV 2021) (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: (i) Statement of Work, (ii) Buy American Act Certificate, (iii) Warranty/Extended Warranty details and (iv) Delivery/Installation Schedule. (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) All offerors shall submit the following: The offeror shall submit a quote, with sufficient documentation to evaluate the functional and technical specifications compared to Statement of Work, Buy American Act Certificate, Warranty/Extended Warranty details and Delivery/Installation Schedule. All quotes shall be sent to the Contract Specialist, Alice Clark at alice.clark@va.gov. Telephone responses shall not be accepted. Responses must be received no later than April 29, 2025, at 12:00 p.m. EST. Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. Point of Contact To obtain clarifications and/or additional information concerning the contract requirements or specifications, submit an email to Alice.Clark@va.gov. All inquiries will be responded to as necessary in amendment format which will be posted on http://www.sam.gov The deadline for submission of clarifications and/or additional information concerning this solicitation is April 24, 2025, at 12:00 PM (EST). No questions will be answered after this date/time unless determined to be in the best interest of the Government determined by the Contracting Officer. Telephone inquiries will not be accepted or returned. Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government. The award will be made to the response most advantageous to the Government. Responses should contain your best terms, conditions. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Quoters shall list exception(s) and rationale for the exception(s), if any. INSTRUCTIONS FOR QUOTE SUBMISSION 1. Pricing Proposed pricing shall be submitted for reagents, consumable, and controls listed above in the tables. All requests for information/questions must be submitted via email to alice.clark@va.gov and received no later than April 24, 2025, at 12:00 PM (EST). All quotes must be submitted in electronic format via email to alice.clark@va.gov no later than April 29, 2025, at 12:00 p.m. EST. All quotes must be viewable using Microsoft Office products or Adobe Reader. Hard copy quotes or quotes submitted by fax will not be accepted. Email subject line for quote submission: Quote Submission 36C25025Q0469 . Verbal questions will not be addressed. All responses to questions, which may affect offers, will be incorporated into a written amendment to the Request for Quote. Offerors shall submit documentation in their quote evidencing that they can meet or exceed the acceptability standards provided below. 2. The following must be completed in this solicitation to be considered for award (see below for full text): FAR 52.204-24, REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) FAR 52.209-7, INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) A Best Value award will be made as described in FAR 13.106-2 Comparative Analysis, based upon the following evaluation factors listed: Technical Capability Offeror provided documentation evidencing that it can meet the requirements listed in the Statement of Work Price The Contracting Officer will evaluate price for reasonableness. The Government will evaluate quotes for award purposes by adding the total price for all years for the basic requirement. Warranty Buy American Act Delivery/Installation Schedule The Contracting Officer will evaluate the timeliness of the delivery of the equipment and consumables. 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument in paragraph (c)(1) in the provision at 52.204 26, Covered Telecommunications Equipment or Services Representation, or in paragraph (v)(2)(i) of the provision at 52.212 3, Offeror Representations and Certifications Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services in paragraph (c)(2) of the provision at 52.204 26, or in paragraph (v)(2)(ii) of the provision at 52.212 3. (a) Definitions. As used in this provision Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115 232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a federal contract. Nothing in the prohibition shall be construed to (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for covered telecommunications equipment or services. (d) Representations. The Offeror represents that (1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds will in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds does in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded will in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded does in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) (a) Definitions. As used in this provision "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
