NOTICE OF INTENT/SOURCES SOUGHT The Department of Veteran Affairs, Service Area Office (SAO) Central Contracting Region intends to negotiate on a sole source basis with ImpediMed, Inc., 5959 Cornerstone Court West, Suite 100, San Diego, CA 92121, using the procedures in FAR Parts 6 and 13, to supply a device that uses electrical impedance to assess early fluid retention to assist in the diagnoses of lymphedema in the limbs, both arms and legs. ImpediMed, Inc. is the only party known who can meet these requirements since it is the only provider of its L-Dex U400. The statutory authority for other than full and open competition is 41 USC 253(c) (1) as implemented by FAR 6.302-1, Only one responsible source. The provisions and clauses may be downloaded at: http://www.acquisition.gov/far/index.html. Line Items: Item Number / Description / Quantity / Unit CLIN 0001 / L-Dex U400 Complete Kit, to include the following: L-Dex U400 BIS Device, Lead Set, Alligator Clips, Test Cell, Software CD-ROM, Packet 60 ImpediMed Electrodes, Device Manual - Hard Copy, Software Manual - Hard Copy, Carry Case, 12 Month Warranty Coverage, Local Stock Number: 223-LDEXU400 / 1 / KT; and CLIN 0002 / Electrodes, 60 per package, Local Stock Number: 292-DTE, compatible with L-Dex U400 / 4 / PG Federal Acquisition Regulation (FAR) and Veteran Administration Acquisition Regulation (VAAR) provisions and clauses that will be included in the solicitation are denoted by the applicable acronyms. FAR 52.252-2, Clauses Incorporated By Reference (FEB 1998) - Full Text This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address (es): WWW.ACQUISITION.GOV (End of Clause) FAR 54.204.99, SAM Registration (SEP 2012) - Full Text FAR 52.212-1, Instructions to Offerors - Commercial Items (FEB 2012) - By Reference FAR 52.212-4, Contract Terms and Conditions--Commercial Items (FEB 2012) - By Reference FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUL 2013) - By Reference FAR 52.232-99, Providing Accelerated Payment to Small Business Subcontractors (Deviation) (AUG 2012) - Full Text FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (APR 2012) - Full Text The following additional FAR clauses cited in the clause at paragraph (b) are applicable to this acquisition: (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2012) (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (23) 52.219-28, Post Award Small Business Program Representation (APR 2012) (26) 52.222-3, Convict Labor, (JUN 2003) (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (MAR 2012) (28) 52.222-21, Prohibition of Segregated Facilities, (FEB 1999) (29) 52.222-26, Equal Opportunity, (MAR 2007) (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (38) 52.223-18, Encourage Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (40 ii) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) Alternate I (MAR 2012) (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) Veteran Administration Acquisition Regulation (VAAR) clauses: VAAR 852.203-70 Commercial Advertising (JAN 2008) - Full Text VAAR 852.211-70 Service Data Manual (NOV 1984) - Full Text VAAR 852.211-73 Brand Name or Equal (JAN 2008) - Full Text VAAR 852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (DEC 2009) - Full Text VAAR 852.215-70 Evaluation Factor Commitments (DEC 2009) - Full Text VAAR 852.323-72 Electronic Submission of Payment (NOV 2012) - Full Text VAAR 852.246-70 Guarantee (JAN 2008) - Full Text VAAR 852.246-71 Inspection (JAN 2008) - Full Text The North American Industry Classification Code (NAICS) for this acquisition is 339112 with a Small Business Size Standard of 500 employees. This is not a solicitation for competitive quotes. However, if any other interested party believes that it can meet the requirements, it may submit a statement of capabilities, which if timely received, will be considered. A statement of capabilities must be received by 12:00pm, August 26, 2013 will be considered by the Government. A determination by the Government not to compete this proposed requirement based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement in the future. Evidence must be provided of ability to provide the required supply. The capability statement and any other information furnished must be in writing, and must contain material in sufficient detail to allow the contracting officer to determine if the party can meet all of the foregoing requirements. Capability statements and related materials must be e-mailed to
[email protected] by 12:00pm, August 26, 2013. Award will be made using FAR 13, Simplified acquisition procedures, current through FAC 2005-69.