U.S. Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Boulevard, Suite 300 Independence, Ohio 44131 Name of Requirement: Surgical CO2 Laser, Mobile Omaha Pkg. 68 RFI / Sources Sought: 36A77619Q0128 Action: 36C776-19-AP-1021 REQUEST FOR INFORMATION (RFI) SOURCES SOUGHT NOTICE INTRODUCTION This Request for Information (RFI) / Sources Sought Notice is for information and planning purposes only and shall not be construed as a solicitation or as an obligation on the part of the Department of Veterans Affairs (VA). The VA is issuing this RFI / Sources Sought to locate qualified, experienced, and interested potential sources capable of providing the products described herein and in the attached Draft Statement of Work (SOW) and Vendor Market Research Response Form. Please review this RFI / Sources Sought and identify whether your company has the capability and interest in providing the items listed or equivalent items that possess the salient characteristics as described in the draft SOW. Please utilize the Market Research Vendor Response Form when responding to ensure all required information is included in your response. Responses will not be considered as quotes or offers, nor will any award be incurred by interested parties in responding to this RFI / Sources Sought. MARKET RESEARCH FOR - The Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC) that may result in a solicitation for Surgical CO2 Laser for use in the VA Omaha Health Care System location Omaha, Nebraska (see salient characteristics, delivery specifications, and warranty specifications). SET-ASIDES, LIMITATIONS ON SUBCONTRACTING AND THE NON-MANUFACTURER RULE (NMR) Complete responses to this notice will assist the VA in determining any potential set-aside for the requirement. Not providing all information requested in response to this notice may result in the VA being unable to determine a vendor potentially capable of satisfying the requirement and, subsequently, if the rule of two criteria is not met, a specific set-aside category may not be decided by the Contracting Officer. If a requirement shall result from this RFI / Sources Sought, the limitations on subcontracting and non-manufacturer rule shall be included in any future solicitation. The requirement that a non-manufacturer supply the product of a small business concern is referred to as the Non-Manufacturer Rule (NMR) [13 C.F.R. § 121.406]. To qualify as a small business concern for a small business set-aside, an offeror must either manufacture the item in accordance with the Limitations on Subcontracting (see FAR section 52.219-14, 52.219-27 and 13 C.F.R. § 125.6) or supply the product of a small business made in the United States. To qualify as a small business under a small business set-aside contract, the offeror must be considered a small business under the NAICS code assigned to the procurement. In addition, the small business must either (1) be the manufacturer of the end item being produced (and the end item must be produced in the US) or (2) comply with the non-manufacturing regulations in 13 CFR 121.406. Summary of Non-Manufacturing regulations: The small business cannot exceed 500 employees; The small business is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied; The small business takes ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practices; and The small business will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless the SBA has issued a waiver to this requirement. When multiple items are being acquired, a waiver is not required if at least 50% of the estimated contract value is composed of items that are manufactured by small businesses. Additional information can be found on SBA s website (www.sba.gov) and in SBA s Contracting Guide (https://www.sba.gov/federal-contracting/contracting-guide). Essential Information Regarding Small Business Set-Asides for Veteran-Owned Small Businesses VA s Veterans First Contracting Program: The Veterans First Contracting Program applies to VA contracts only. VA has a preference to award contracts to verified service disabled Veteran-owned small businesses (SDVOSBs) first, and then to verified Veteran-owned small businesses (VOSBs) when market research provides a reasonable expectation that the VA will receive two or more offers from eligible SDVOSB/VOSB firms at a fair and reasonable price. To be eligible for a VA SDVOSB or VOSB set-aside, the firm must be verified in the VA s Office of Small Business Utilization s (OSDBU) Veteran Information Pages (VIP) database as an SDVOSB or VOSB at the time the firm submits its offer to the VA. Additional information on VA s Veterans First Contracting Program can be found on OSDBU s website at https://www.va.gov/osdbu/verification/. In addition, the SDVOSB/VOSB must qualify as a small business under SBA s regulations. AUTHORIZED DEALER/DISTRIBUTOR VERIFICATION For market research, the VA must be able to determine if an item is being sourced from the gray market or if the item is being provided by an authorized dealer/distributor. Gray market items are defined as Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. Gray market items are also known as parallel market. Parallel market is the trade of a commodity through distribution channels which, while legal, are unofficial, unauthorized, or unintended by the original manufacturer. a commodity through distribution channels which, while legal, are unofficial, unauthorized, or unintended by the original manufacturer. Any potential solicitations and procurements will be for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers and/or facilities. No remanufactured, gray market, or parallel market items will be acceptable. Be advised any future solicitation that results from this RFI / Sources Sought, will include the requirement for vendors to provide authorized dealer verification for all items of equipment. This RFI / Sources Sought is for new equipment ONLY; remanufactured, gray market or parallel market items will not be acceptable sources. Any vendor interested in responding to this RFI / Sources Sought shall be an Original Equipment Manufacturer (OEM) authorized dealer or distributor for the equipment/system such that OEM warranty and services are provided and maintained by the OEM or that the OEM gives authorization to the vendor to fulfill all warranty, service, and/or preventative maintenance obligations for the equipment on their behalf. All software licensing, warrant, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. SALIENT CHARACTERISTICS/DELIVERY SPECIFICATIONS/WARRANTY SPECIFICATIONS See attached documents. Attachment 1: Draft Statement of Work Attachment 2: Vendor Market Research Response Form Attachment 3: EXAMPLE OEM Authorized Dealer Letter SUBMITTAL OF RFI / SOURCES SOUGHT RESPONSE If you are interested and believe you are capable of potentially bidding on and providing these items, please provide a complete response to this RFI / Sources Sought no later than the date specified on the FBO posting as the response date. A response is considered complete if all items below are provided. Filled out Vendor Response Form attached to this RFI / Sources Sought OEM Authorized Distributor Letter(s) provided (Sample attached) If company is an SDVOSB or VOSB provide verification of status via export results or print results from https://vip.vetbiz.gov/ This posting to FBO is solely for information and planning purposes and does not constitute a solicitation or obligation on the part of the Government. Responses to this notice are not considered offers, shall not be used as a proposal, and cannot be accepted by the Government to form a binding contract. Neither unsolicited proposals nor any other kinds of offers will be considered in response to this notice. No evaluation letters and/or results will be issued to the respondents; however, the Government does reserve the right to contact any respondent and/or respondent reference to obtain additional information. At this time, no solicitation exists; therefore, please do not request a copy of the solicitation. Any resulting procurement action will be the subject of a separate, future announcement. The information is provided for market research purposes and any potential strategy for this acquisition may change prior to any solicitation release. The acquisition strategy, evaluation methodology, contract type, and any other acquisition decisions are yet to be determined. See attached document: ATTACHMENT 1 DRAFT SOW Laser, Surgical, CO2, Mobile. See attached document: ATTACHMENT 2 Vendor MR Resp Form. See attached document: ATTACHMENT 3 - EXAMPLE OEM Authorized Dealer Letter. End of Document
