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FBO DAILY ISSUE OF JUNE 16, 2011 FBO #3491
SOLICITATION NOTICE

65 -- Nuvasive Products or equal; Regional BPA for the Military Treatment Facilities supported by the Great Plains Regional Contracting Office

Notice Date
6/14/2011
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
339113 — Surgical Appliance and Supplies Manufacturing
 
Contracting Office
Great Plains Regional Contracting Ofc, ATTN: MCAA GP L31 9V, 3851 Roger Brooke Drive, Fort Sam Houston, TX 78234-6200
 
ZIP Code
78234-6200
 
Solicitation Number
W81K00-11-A-M004
 
Response Due
7/14/2011
 
Archive Date
9/12/2011
 
Point of Contact
Caesar Trevino, 210-221-3239
 
E-Mail Address
Great Plains Regional Contracting Ofc
(caesar.trevino@us.army.mil)
 
Small Business Set-Aside
N/A
 
Description
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This is a combined synopsis/solicitation for commercial supplies prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is W81K00-11-A-M004. It is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-50 and Defense Federal Acquistion Regulation Supplement Publication notice (DPN) 20110608. The Great Plains Regional Contracting Office intends to award a Blanket Purchase Agreement(s) (BPA(s)) to the quoter(s) that are determined technically acceptable. BPA(s) under the program will have a single call limit of $100K. All calls over $25K will be placed by warranted Contracting Officers. BPA's will be established under the Test Program for Certain Commercial Items. Supplies include nerve grafts, nerve protectors, and nerve connectors. This is the only synopsis that will be provided by the government before establishing and placing calls under the BPA(s). Should the requirement result in more than one BPA holder, sole source calls will be documented and established based on physician requirements. This BPA will be placed using full and open competition with a performance period of approximately 1 August 2011 through 31 July 2016. The associated North American Industrial Classification System (NAICS) code for this procurement is 339113 Size standard is 500 Employees. All eligible firms may submit a proposal which will be considered. Point of contact is Mr. Caesar Trevino at 210 221-3239 e-mail caesar.trevino@us.army.mil. CLAUSES INCORPORATED BY REFERENCE 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS ADDENDUM TO 52.212-1 Submit the following with your quotations: 1. Price. (a) Complete the pricing for items listed in Attachment 1(Nuvasive or equal), to include any discounts offered to the government. (b) Included in attachment 2 is a copy of the projected draft BPA for your information. (c) If submitting an alternate brand, submit a list of equivalent items with pricing, by attachment, cross referenced to the brand name or equal item number. Comply with FAR 52.211-6, Brand Name or Equal Clause. (d) Contractors must submit their quotes to the following address or email: caesar.trevino@us.army.mil Great Plains Regional Contracting Office MCAA-GP BAMC / Attn: Caesar Trevino 3851 Roger Brooke Drive, Room L31-9V Fort Sam Houston, TX 78234-6200 To be eligible for award, you must be properly registered in the Central Contractor Registration (CCR). Offerors may obtain information on CCR and annual confirmation requirements by calling 1-888-227-2423 or via the internet at www.ccr.gov. If a change occurs in this requirement, only those offerors that respond to this announcement within the required time frame will be provided with any changes/amendments and considered for future discussions and /or award. (m) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and MEDCOM provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 for locations where full text can be obtained. CLAUSES INCORPORATED BY REFERENCE 52.204-5 Women-Owned Business (Other Than Small Business) MAY 1999 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification. SEP 2010 CLAUSES INCORPORATED BY FULL TEXT 52.211-6 BRAND NAME OR EQUAL (AUG 1999) (a) 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 are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by-- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) 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. (d) 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. (End of provision) 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011) (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 Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). (End of provision) 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Mr. David Zertuche 3851 Roger Brooke Drive, Bldg. 3600 Fort Sam Houston, TX 78234-6200 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 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): http://farsite.hill.af.mil/ (End of provision) 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any DOD FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009) (a) "Definitions." As used in this provision -- (a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof. (2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Sudan, and Syria. (3) "Significant interest" means -- (i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer; (iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or (v) Holding 50 percent or more of the indebtness of a firm. (b) "Prohibition on award." In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense. (c) "Disclosure." If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include -- (1) Identification of each government holding a significant interest; and (2) A description of the significant interest held by each government. (End of provision) 252.225-7000 BUY AMERICAN ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (DEC 2009) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "component," "domestic end product," "foreign end product," "qualifying country," "qualifying country end product," and "United States" have the meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation. (b) Evaluation. The Government-- (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation, the offeror certifies that-- (i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and (ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror certifies that the following end products are qualifying country end products: ----------------------------------------------------------------------- (Line Item Number Country of Origin) ----------------------------------------------------------------------- (Country of Origin) (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'': (Line Item Number)----------------------------------------------------- (Country of Origin (If known))----------------------------------------- (End of provision) 252.225-7000 BUY AMERICAN ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (DEC 2009) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "component," "domestic end product," "foreign end product," "qualifying country," "qualifying country end product," and "United States" have the meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation. (b) Evaluation. The Government-- (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation, the offeror certifies that-- (i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and (ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror certifies that the following end products are qualifying country end products: ----------------------------------------------------------------------- (Line Item Number Country of Origin) ----------------------------------------------------------------------- (Country of Origin) (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'': (Line Item Number)----------------------------------------------------- (Country of Origin (If known))----------------------------------------- (End of provision) End of ADDENDUM TO 52.212-1 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) ADDENDUM TO 52.212-2 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) Paragraph (a) is herby replaced with the following: 1. The Government will award a Blanket Purchase Agreement(s) (BPA(s)) to the quoter(s) that are determined technically acceptable. Technical Acceptability. Technical capability ratings reflect the Government's confidence in each offeror's product, as demonstrated in its submission to meet the salients set forth in the solicitation. The Government will make an independent judgement of the acceptability. To receive consideration for award; a rating of no less than Acceptable must be achieved in technical acceptability. The following adjectival ratings will be used in evaluating each offeror's written technical capability proposal: Acceptable - To receive this rating, the offerors product shall meet the salients set fort in the soliciation. Unacceptable - An unacceptable rating will be assessed on any offeror that presents items that demonstrates any of the following: 1. Fails to meet the salients set forth. 2. Fails to provide sufficient detail for the Government to determine whether the items satisfactorily meets the requirements of this solicitation. 2.Price. Prices will be reviewed to determine reasonableness and, if accepted, the vendor's price list will be approved by the contracting officer and incorporated into the BPA. The government intends to award without discussions. The government reserves the right to enter into discussions if an unacceptable technical quote can be made acceptable, to include price negotiations. (End of provision.)
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/USA/MEDCOM/DADA09/W81K00-11-A-M004/listing.html)
 
Place of Performance
Address: Great Plains Regional Contracting Ofc ATTN: MCAA GP L31 9V, 3851 Roger Brooke Drive Fort Sam Houston TX
Zip Code: 78234-6200
 
Record
SN02472104-W 20110616/110614234758-d6dc09a79645cc29a9317ed1a50cf150 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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