The Department of Veteran Affairs, Service Area Office (SAO) Central Contracting Region intends to negotiate on a sole source basis with NxStage Medical, Inc. using the procedures in FAR Parts 6 and 13, to supply a NxStage System One, a portable slow dialysis unit with a blood flow-rate of at least 500 mL/min. NxStage Medical, Inc. is the only party known who can meet these requirements since it is the only provider of its NxStage System One. 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. 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 52.225-4, Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate (NOV 2012) (Alternate II) - Full Text 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) (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (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 iii) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) Alternate II (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 852.323-72 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 334510 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, September 06, 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, September 06, 2013. Award will be made using FAR 13, Simplified acquisition procedures, current through FAC 2005-69.