Please subject Title the email as follows: RFQ 36C25723Q0500 Generators General Requirements: Brand name or equal service/maintenance of the Medtronic Generators are needed for the San Antonio, TX in accordance with the following requirements stated in the Salient Characteristics: ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 3.00 EA $000.0 $00.00 1. AEX GENERATOR P/N 40-405-1 LOCAL STOCK NUMBER: 40-405-1 The Department of Veterans Affairs is seeking both manufacturers and/or distributors of the exact match or functionally equivalent equipment/ services to the following listed above. 52.211-6 Brand Name or Equal. As prescribed in 11.107(a), insert the following provision: 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 clause) 852.212-71 Gray Market and Counterfeit Items. As prescribed in 812.301(f), insert the following clause in solicitations and contracts for new medical and information technology equipment: GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023) (a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory. (b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. (c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. (End of clause) 852.212-72 Gray Market and Counterfeit Items Information Technology Maintenance Allowing Other-Than-New Parts. As prescribed in 812.301(f), insert the following clause: GRAY MARKET AND COUNTERFEIT ITEMS INFORMATION TECHNOLOGY MAINTENANCE ALLOWING OTHER-THAN-NEW PARTS (FEB 2023) (a) Used, refurbished, or remanufactured parts may be provided. No gray market supplies or equipment shall be provided. Gray market items are Original Equipment Manufacturer (OEM) goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory. (b) No counterfeit supplies or equipment shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. (c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. (End of clause) FAR 52.212-2 Evaluation-Commercial Items: A copy of the authorized distributor letter from the contractor to verify that you are an authorized distributor of the products/services SHALL BE SUBMITTED WITH THE QUOTE WITH THE SOLICITATION RFQ AND IS MANDATORY.
