E.1 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) (DEVIATION OCT 2025)
(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include
(1) The solicitation number;
(2) The name, address, telephone number of the Offeror;
(3) The Offeror s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;
(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;
(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and
(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.
(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(c) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.
(2) Any offer, modification, or revision received after the time specified for receipt of offers is late and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.
(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.
(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror s initial offer should contain the Offeror s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.
(e) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(f) Debriefings. The Government will not host debriefings; however, IAW FAR 13.106-3(d) if a supplier requests information on an award that was based on factors other than price alone, a brief explanation of the basis for the contract award decision shall be provided.
(End of provision)
E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:
INSTRUCTION TO OFFERORS FOR QUOTE/OFFER SUBMISSION
a. The Government will consider an offeror s compliance with the solicitation instructions to be indicative of the type of conduct that it may expect from the offeror during contract performance. Therefore, failure to comply with these instructions may be grounds for exclusion of the quotation from further consideration.
b. Offerors should thoroughly review the specifications and be familiar with the requirement of the solicitation prior to submitting proposals in order to be fully aware of the scope of services required. Failure to do so will not relieve the successful offeror from performing in accordance with the strict intent and meaning of the specifications without additional cost to the Government.
c. It is the government s intent to award without discussions. The government is not obligated to request any additional information from an offeror who does not provide sufficiently detailed information of which an accurate evaluation can be made of an offeror s quotation. Failure to submit complete information may be grounds to consider the offeror non-responsive and exclude the quotation from further considerations. It is, therefore, in the offeror s best interest to submit all required documentation to the fullest degree possible. If an offeror cannot provide all information required by the evaluation factors, a statement documenting each omission shall be included in the offeror s quotation addressing the omission(s). However, should it be in the best interest, the Government reserves the right to hold discussions.
d. Period of Acceptance of Offer. By submitting an offer, the Offeror agrees to hold prices in its Offer firm for a period of 120 calendar days from the date specified for the receipt of offers. FAR 52.212-1(b) is tailored to extend the period of acceptance for offers from 60 calendar days to 120 calendar days.
e. The Government anticipates making a single award in response to this solicitation.
f. An offeror who does not submit complete price proposals will be deemed ineligible for contract award.
g. Solicitation Questions/Technical Inquiries: Offeror questions and inquiries concerning the solicitation questions must be submitted no later than 11:59 pm EST, 14 June 2026. Answers to questions shall be issued via an amendment to the solicitation.
h. Offerors Shall Complete and Provide the Following PDF Documents:
SF 1449 - Completed Block 17a, and signed offer (blocks 30a, b, and c) of SF 1449
Signed SF 30(s) and if applicable any/all amendment(s) executed to the solicitation.
Completed Section B.1 Contract Administration Data.
Completed Price Proposal Section B.2 Schedule of Services and Price
Completed and signed aEEG Technical Services QASP (D.1 Attachment 1)
Completed and signed Contractor Rules of Behavior (D.2, Attachment 2)
Completed and signed Immigration and Nationality Act of 1952 (D.3, Attachment 3)
Insurance - Proof of Indemnification and Medical Liability Insurance.
i. Socio-economic Group. Offeror must be a verified Small Business. Unverifiable firms will be considered non-responsive, and ineligible for award.
j. An Offeror must be ACTIVE in the System for Award Management (SAM) prior to proposal submittal, and at the time of award, and throughout the contract period of performance.
k. Past Performance. The Government reserves the right to obtain past performance information from any available source and may contact references other than those identified by the Offeror when determining responsibility.
l. OIG Verification. Contractors understand the CO reviews the OIG List of Excluded Individuals/Entities on the OIG website at http://exclusions.oig.hhs.gov/ to ensure that the offerors staff and/or firm(s) are not listed, once offerors are received.
m. Post-award/Pre-performance Conference. A post-award/pre-performance tele- conference will be held prior to the commencement of any work. The Offeror and/or their duly authorized representative(s) is/are required to attend the post-award/pre- performance teleconference. The Contracting Officer, the COR, and the Contractor will discuss details of the contract, and any other information pertinent to the performance of the contract.
n. Proposal Submittal. To be considered a responsive offer, submit a signed and dated offer by email to Emily.hatcher@va.gov and Alison.myers3@va.gov Subject aEEG Technical Services 36C24126Q0457 at or before the exact time and date specified on Page One, Block 8. It is the responsibility of the Offeror to ensure their proposal submission has been received. Offerors shall submit their proposals in three (3) volumes submitted as three (3) files as indicated below:
VOLUME I CONTRACT ADMINISTRATION (no page limit)
SF 1449 completed and signed (Block 17a, signed offer (blocks 30a, b, and c) of SF 1449.
Price in the requested format (i.e., CLIN schedule) at B.2 Price Cost Schedule/Schedule of Services shall mimic the pricing index submission in Volume 3. The offeror is instructed to fill in the Unit Price of each aEEG study category for the base year and all option periods. The Government will evaluate offers by adding the total of all line-item prices, including all option periods. The Total Evaluated Price will be that sum.
Section B.1 Contract Administration Data completed
Signed SF 30(s) if applicable (amendment to solicitation)
Completed and signed aEEG QASP (Attachment D.1)
Completed and signed Contractor Rules of Behavior (Attachment D.2)
Completed and signed Immigration and Nationality Act of 1952 (Attachment D.3)
Insurance - Proof of Indemnification and Medical Liability Insurance
Complete the fill-in provisions 52.209-7
All Volume I documents shall be submitted in PDF format
VOLUME II NON-PRICE RESPONSE (maximum 10 pages)
Technical Capability
Completed aEEG Past Performance Survey (Attachment D.4)
All Volume II documents shall not exceed 10 pages and be PDF format.
VOLUME III PRICE RESPONSE (filled xls)
Completed Price Index (Attachment D.5)
Volume III documents shall be submitted in XLS format.
(End of Addendum to 52.212-1)
E.3 52.212-2 EVALUATION COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (DEVIATION OCT 2025)
(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:
Factor 1: Technical Capability
Factor 2: Past Performance
Factor 3: Price
Volume II, Factor 1 Technical Capability:
To be considered Acceptable , the quote must demonstrate:
Technical Capability Offerors shall address all aspects of the Ambulatory Electroencephologram (aEEG) Technical Services Performance Work Statement in sufficient detail to show a complete understanding of the requirement and a well-formed plan to successfully execute the required tasks/deliverables contained therein.
Offerors shall discuss the critical component of interoperability. A proprietary, cloud-based, single, interoperable interface that spans all PWS designated locations, to include a 200-mile service area, is essential to the successful mission of this contract. It is imperative that the company currently operates a singular system for neurologists to access data and reporting.
The Government will evaluate the offeror's capabilities to staff EEG technologists for in-home aEEG studies.
Additionally, the following requirements must be included in the offeror s technical capabilities.
Company background, including number of years of experience company possesses providing aEEG services.
Key equipment used. Manufacturer name and model of contractor provided devices/equipment offered for performance under this contract.
Note: The information that is requested above is required for the Government to evaluate proposals for Factor 1, Technical Capability. General statements claiming Technical Capability by simply re-stating solicitation or PWS requirements will not be deemed acceptable. FAILURE TO SUBMIT THE INFORMATION REQUIRED ABOVE TO SUPPORT THE OFFEROR S CLAIMED TECHNICAL CAPABLITY MAY BE VIEWED BY THE GOVERNMENT AS EVIDENCE THAT THE OFFEROR LACKS THE TECHNICAL EXPERTISE TO PROVIDE aEEG SERVICES WHEN EVALUATING PROPOSALS FOR THE TECHNICAL CAPABILITY EVALUATION FACTOR.
Volume II, Factor 2 Past Performance:
The past performance evaluation will assess the relative risks associated with an offeror s likelihood of success in performing the current solicitation s requirements as indicated by that offeror s record of past performance. Past performance will be assessed on a relevant and recent basis.
Offerors may satisfy this acceptability criteria by identifying up to five contracts or service agreements under which aEEG Technical Services were provided.
To be relevant, the performance must be the same or similar in size, nature and complexity to the services being procured under this solicitation.
To be recent, the services must have been performed within the past three (3) years.
Utilizing Attachment 4 Past Performance Survey, fill-in contracts or customers that would be considered relevant and recent to the solicitation s requirement.
If the offeror has no relevant past performance, it shall affirmatively state that it possesses no relevant past performance in the quotation.
Note: The Government reserves the right to obtain past performance information from any available source and may contact other sources than those identified by the offeror when evaluating past performance.
Volume III, Factor 3 Price:
This factor will be used to assess the reasonableness of the Offeror s proposed prices. For this factor, Offerors shall submit their proposed pricing using the aEEG Pricing Index (Attachment 5). All highlighted fields must be filled to be considered complete. In addition, Offerors shall provide a brief explanation of pricing offered to include any annual escalation incorporated.
The Pricing Index incorporates plug numbers in the QTY column C; these numbers ARE NOT TO BE CHANGED; these numbers are an estimate to allow for any bulk pricing discounts the Offeror may/may not provide.
Note: The Government anticipates anywhere from 100-200 studies annually, dependent upon the number/type of orders, costs, and funding.
Technical Capability and Past Performance, when combined, are more important than price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).
(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
E.4 ADDENDUM to FAR 52.212-2 EVALUATION COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (DEVIATION OCT 2025)
The Government will select the best overall offer, based upon an integrated assessment of evaluation factors listed in the evaluation criteria outlined in 52.212-2. Therefore, the contract may be awarded to the offeror who is deemed responsible, or whose offer conforms to the solicitation s requirements best. Offers will be judged by an overall assessment of the evaluation factors to the Offeror which represents the most advantageous offer to the Government. As part of making the assessment, a best value analysis will be performed determining whether or not exceeding the minimum requirements at an associated price provides the best value to the Government.
As a basis for award, using FAR Subpart 13.5 Simplified Acquisition Procedures for Certain Commercial Services, a comparative evaluation of offers between price and non-price factors is permitted (FAR 13.106-2(b)(3)). THEREFORE, THE GOVERNMENT RESERVES THE RIGHT TO AWARD TO OTHER THAN THE LOWEST PROPOSED PRICE. However, the degree of importance of price as a factor in determining award could become greater depending upon the equality of the offers evaluated in the non-price factors. The greater the equality of offers within the non-price factors, the more important price becomes in selecting the best value for the Government. Unrealistic or unbalanced proposed prices may be grounds for eliminating an offer from competition either on the basis that the offeror does not understand the requirement, or the offeror has made an unreasonable/unrealistic quotation.
(End of Addendum to 52.212-2)
