DEPARTMENT FO VETERANS AFFAIRS - POSITIVE AIRWAY PRESSURE DEVICES AND ACCESSORIES RECOMPETE
ID: 36C79125Q0029-0001Type: Special Notice
Overview

Buyer

VETERANS AFFAIRS, DEPARTMENT OFVETERANS AFFAIRS, DEPARTMENT OFCOMMODITIES & SERVICES ACQUISITION SERVICE (36C791)DENVER, CO, 80225, USA

NAICS

Surgical Appliance and Supplies Manufacturing (339113)

PSC

MEDICAL AND SURGICAL INSTRUMENTS, EQUIPMENT, AND SUPPLIES (6515)

Set Aside

Service-Disabled Veteran-Owned Small Business Set Aside (SDVOSBC)
Timeline
    Description

    The Department of Veterans Affairs is seeking proposals for Positive Airway Pressure (PAP) devices and accessories as part of a recompete process. This procurement aims to ensure a reliable supply of medical devices essential for the treatment of veterans with sleep apnea, with a focus on maintaining adequate stock levels and mitigating supply chain risks. The formal Request for Proposal (RFP) is expected to be released in the coming months, following industry day discussions that have already taken place, and will include multiple award opportunities to enhance competition and availability. Interested parties can direct inquiries to Jonathan Saiz at jonathan.saiz@va.gov or by phone at 720-497-2329.

    Point(s) of Contact
    Files
    Title
    Posted
    The Department of Veterans Affairs (VA) addresses key questions regarding an upcoming Request for Proposal (RFP) for medical devices. The formal RFP release will follow a shortened synopsis, with the timeline dependent on industry day discussions and potential acquisition strategy updates. Orders are anticipated monthly, aligning with the intent to maintain 30 days of stock, though no minimum or maximum quantities are guaranteed at the delivery order level. While EDI is recommended, it is not mandatory for order placement, and customized ordering platforms will not be considered. Only items currently under contract through the VA CSAS will be added to the approved products list. Kitting options are not being considered due to clinicians' need for specific components for each veteran. The VA intends to award multiple awardees for the same CLIN to mitigate supply chain risks and bottlenecks, aligning with 38 U.S.C § 8123, which allows clinicians to order necessary devices. However, the government will not interfere with manufacturers' allocation strategies, only requiring that all allocated items be sold to the VA through the awarded contract.
    This document addresses inquiries regarding Attachment E, 'TECHNICALLY ACCEPTABLE PAP DEVICES,' for a federal government Request for Proposal (RFP) related to sleep contracts. A key concern is the exclusion of DreamStation BiPAP devices from certain CLINs, despite their inclusion in existing contracts. The government's stance is that devices affected by FDA recalls will be evaluated upon reintroduction to the market. The document also confirms that listed patient interface products in CLIN 0005-0008, if not correlated with an FDA stay and currently on CSAS awards, are considered technically acceptable accessories. Finally, it clarifies the rationale for awarding the same line item to multiple offerors under section B.15, 'PAP DEVICE/ASSOCIATED ACCESSORIES SELECTION (FAIR OPPORTUNITY PROCESS).' This approach aims to mitigate supply chain risks, prevent bottlenecks, and provide clinicians with a variety of necessary devices, with the final number of awards determined by the Contracting Officer and Source Selection Board.
    This document clarifies the contracting strategy for products #7 and #8, which are accessories, within a government solicitation. It addresses whether these accessories will be established as separate Contract Line Item Numbers (CLINs) to allow for independent ordering for resupply to veterans and VA hospitals. The response indicates that CLINs 0007, 0008, and 0009 will be awarded, potentially to multiple vendors. It further clarifies that SUBCLINs, as per FAR 52.212-1 Instructions to Offerors, 3.b., are tied to their parent CLINs, meaning only an awardee for CLIN 0001 can be awarded its associated SUBCLINs. The document states that the formal solicitation will provide further elaboration to eliminate any ambiguity regarding this structure.
    This government file addresses inquiries regarding the regulatory requirements for mask liners used in positive airway pressure (PAP) delivery systems. Initially, offerors were required to submit FDA 510K standard documentation for products. However, the government reconsidered this, clarifying that mask liners do not require FDA or 510K approval as they are accessories and do not affect the PAP system's function, safety, or therapy efficacy. While mask liners are exempt from FDA 510K approval, all patient-contacting components of a PAP delivery system, including mask liners, must be demonstrated to be biocompatible, as per federal regulations for medical devices. This clarification distinguishes between device and accessory requirements, ensuring patient safety through biocompatibility while streamlining regulatory processes for accessories.
    The document addresses proposed revisions and clarifications for a government RFP, primarily focusing on the Economic Price Adjustment (EPA) clause and other contractual terms. Key issues include the necessity and fairness of the EPA clause, specifically regarding upward and downward adjustment limits and a 10% cap over the 10-year contract term. The government intends to retain the EPA clause but will consider some adjustments. Other points cover the use of FAR 225-8 for tariffs, correction of spelling errors, requirements for Authorized Distributor Letters, the number of electronic copies for technical proposals, the role of FSS Price Lists, the interaction of tiered set-asides with best-priced offeror awards, discrepancies in solicitation attachments, and the evaluation approach for Past Performance in an LPTA procurement. Additionally, the document discusses invoice submission requirements, proposed revisions to the Price Schedule for CLIN item structure and MSRP inclusion, and updates to the list of approved products. The government acknowledges several points for consideration and correction in the formal RFP.
    This document addresses industry questions regarding a government RFP for PAP devices and masks, focusing on pricing, product obsolescence, and competition. Key concerns include the feasibility of 10-year pricing for rapidly evolving products, the risk of unbalanced bidding, and the methods for handling product tech refreshes and new item introductions. The government acknowledges the challenges of long-term forecasting and will consider alternative pricing strategies, such as base-year pricing with EPA adjustments. It emphasizes its intent to scrutinize unbalanced bids and may request additional cost data. The VA clarifies its approach to multiple awards, tech refreshes, and additional item competitions, stressing its commitment to providing veterans with the best available products while maintaining fair and reasonable pricing.
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