Full service and maintenance for LUNA Fluorescence Angiography System & PINPOINT Endoscopic Fluorescence Imaging System.
Added: Jun 13, 2016 4:47 pm Solicitation Number: VA247-16-Q-0677 Notice Type: COMBINED SYNOPSIS/SOLICITATION (i) This is a Combined Synopsis/Solicitation for commercial services prepared in accordance with the format in subpart 12.6, in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed under FAR 13.1, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. (ii) The solicitation number is VA247-16-Q-0677 and is issued as a Request for Quotation (RFQ). (iii) The provisions and clauses incorporated into this solicitation document are those in effect tough Federal Acquisition Circular 2005-52, November 2, 2011. Provisions and clauses incorporated by reference have the same force and effect as if they were given in full text. The full text of the Federal Acquisition Regulations (FAR) and Veterans Affairs Acquisition Regulations supplement (VAAR) can be accessed on the Internet at http://www.arnet.gov/far (FAR) and http://vaww.appc1.va.gov/oamm/vaar (VAAR). (iv) This requirement is being issued as an open market 100% small business set-aside. The North American Industry Classification System (NAICS) code is 339112, Pharmaceutical Preparation Manufacturing, and the size standard is 1,000 employees. (v) Subcontracting Commitments--Monitoring and Compliance (JUN 2011) This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an "Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement" to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments. (vi) Limitations on Subcontracting-- Monitoring and Compliance (JUN 2011) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an "Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement" to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement. (vii) This requirement is for a base year and two (2) one year options. Vendors are therefore asked to completed price list for each period of performance in their response, and to include a Grand Sum Total for Base year and 2 Option Years. Please see the attached Statement of Work for full requirement details. BASE YEAR: 07/01/2016 - 06/30/2017 Item Description Qty Unit of Unit Total Measures Price Price 0001 Full service and maintenance for LUNA 12 MO $______ $______ Fluorescence Angiography System. Contractor shall provide all resources necessary to provide preventative maintenance and service of Novadaq LUNA Fluorescence Imaging Systems, EE#185229. Services shall include diagnosing equipment hardware and software; and/or providing equipment repair and one preventative maintenance visit each year of the term. Contractor will provide all the necessary parts, labor and travel expenses to deliver the Services. Repairs for the System will cover the camera assembly, computer, printer, flat panel display, articulating arm, electronics enclosure, and other parts as identified by Novadaq. 0002 Full service and maintenance for PINPOINT 12 MO $______ $______ Endoscopic Fluorescence Imaging System. Contractor shall provide all resources necessary to provide preventative maintenance and service of Novadaq PINPOINT Endoscopic Fluorescence Imaging System, EE#185959. Services shall include diagnosing equipment hardware and software; and/or providing equipment repair or replacement of broken endoscopes within 36 hours of notification of a broken endoscope. Contractor will provide all necessary parts, labor and travel expenses to deliver the Services. Repairs for the System will cover the camera assembly, computer, flat panel display, electronics enclosure, and other parts as identified by Novadaq. . BASE YEAR TOTAL $_________ OPTION YEAR 1: 07/01/2017 - 06/30/2018 Item Description Qty Unit of Unit Total Measures Price Price 1001 Full service and maintenance for LUNA 12 MO $______ $______ Fluorescence Angiography System. Contractor shall provide all resources necessary to provide preventative maintenance and service of Novadaq LUNA Fluorescence Imaging Systems, EE#185229. Services shall include diagnosing equipment hardware and software; and/or providing equipment repair and one preventative maintenance visit each year of the term. Contractor will provide all the necessary parts, labor and travel expenses to deliver the Services. Repairs for the System will cover the camera assembly, computer, printer, flat panel display, articulating arm, electronics enclosure, and other parts as identified by Novadaq. 1002 Full service and maintenance for PINPOINT 12 MO $______ $______ Endoscopic Fluorescence Imaging System. Contractor shall provide all resources necessary to provide preventative maintenance and service of Novadaq PINPOINT Endoscopic Fluorescence Imaging System, EE#185959. Services shall include diagnosing equipment hardware and software; and/or providing equipment repair or replacement of broken endoscopes within 36 hours of notification of a broken endoscope. Contractor will provide all necessary parts, labor and travel expenses to deliver the Services. Repairs for the System will cover the camera assembly, computer, flat panel display, electronics enclosure, and other parts as identified by Novadaq. OPTION YEAR 1 TOTAL $_________ OPTION YEAR 2: 07/01/2018 - 06/30/2019 Item Description Qty Unit of Unit Total Measures Price Price 2001 Full service and maintenance for LUNA 12 MO $______ $______ Fluorescence Angiography System. Contractor shall provide all resources necessary to provide preventative maintenance and service of Novadaq LUNA Fluorescence Imaging Systems, EE#185229. Services shall include diagnosing equipment hardware and software; and/or providing equipment repair and one preventative maintenance visit each year of the term. Contractor will provide all the necessary parts, labor and travel expenses to deliver the Services. Repairs for the System will cover the camera assembly, computer, printer, flat panel display, articulating arm, electronics enclosure, and other parts as identified by Novadaq. 2002 Full service and maintenance for PINPOINT 12 MO $______ $______ Endoscopic Fluorescence Imaging System. Contractor shall provide all resources necessary to provide preventative maintenance and service of Novadaq PINPOINT Endoscopic Fluorescence Imaging System, EE#185959. Services shall include diagnosing equipment hardware and software; and/or providing equipment repair or replacement of broken endoscopes within 36 hours of notification of a broken endoscope. Contractor will provide all necessary parts, labor and travel expenses to deliver the Services. Repairs for the System will cover the camera assembly, computer, flat panel display, electronics enclosure, and other parts as identified by Novadaq. OPTION YEAR 2 TOTAL $_________ GRAND SUM TOTAL FOR BASE YEAR AND 2 OPTION YEARS $___________ (viii) The following is a detailed description of the requirements for this solicitation: STATEMENT OF WORK Preventative Maintenance and Service Agreement Novadaq PINPOINT Endoscopic Fluorescence Imaging System & LUNA Fluorescence Angiography System Vendor shall provide all the necessary parts, labor and travel expenses to deliver the following services: a. Remedial Maintenance: i. Full repair service and one preventive maintenance service on the Novadaq equipment and unlimited phone support upon request by the VA Biomedical Engineering Department under the contract period. b. Replacement Parts: i. Vendor shall supply all necessary parts at its own expense as deemed necessary by vendor and VA. All parts will be new, guaranteed OEM parts that comply with applicable performance and reliability specifications. c. Specialty Items: i. Broken endoscopes shall be replaced by the vendor within 36 hours of notification. ii. There shall be no additional cost for repair of a broken laparoscope. B. The following items are covered in the terms of this agreement: a. PINPOINT Endoscopic Fluorescence Imaging System i. VPI (SN PI14050178), Insufflator (SN 89521DYA), Recorder (SN 12329), Printer (SN 92655), Cart (SN PV14200026), Monitor (SN 14-238687), Cameras (SN PC13410160 and PC14160362), and Scopes (SN B2038, B2064, A7952, A9758) b. LUNA Fluorescence Angiography System i. LUNA (SN LU14040088) and Printer (SN Z74FB8GDAE0021P) C. Response time: a. Telephone support shall be provided by the vendor within four hours of receipt of a call. b. On-site support for service requests shall be provided by the vendor within twenty-four hours of receipt of a call. INFORMATION SECURITY: a. The contractor and their personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include, but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce's National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST's Web site at: http://checklists.nist.gov b. To ensure that appropriate security controls are in place, Contractors must follow the procedures set forth in "VA Information and Information System Security/Privacy Requirements for IT Contracts" located at the following Web site: http://www.iprm.oit.va.gov/Security_and_Privacy_Requirements_for_Contractors.asp INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE: a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation. b. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract. c. Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are: a. Vendor must accept the system without the drive; b. VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or c. VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. REMOTE ACCESS: Vendor must comply with all VA Office of Information and Technology security requirements. Vendor must contact Biomedical Engineering before accessing the system remotely. REPORTING: For repairs or services that will be performed during normal working hours, the Contractor's repairman must report to the Biomedical Engineering Section, G200 or by telephone at 843-789-7396, and while on station an identification badge shall be worn at all times. During the repair process, once the problem is identified, the vendor shall notify VA Biomedical Engineering before replacement parts are installed. After all work is completed, the contactor's repairman must again report by telephone to the Biomedical Engineering Section and provide a complete report of services or repairs performed for each item of equipment and must also include a listing of replacement parts, when applicable. NOTE: Payment of invoices may be delayed if the appropriate reports are not properly completed and submitted to the Biomedical Engineering Section as required above. PERFORMANCE: The Contractor must respond to service calls within one (4) hour of notification and be on-station within four (24) hours. Competent personnel who are experienced and qualified to work on the specific equipment must perform all work. All work performed shall be accomplished in accordance with the manufacturer's instructions including, but not limited to, adjustments, calibrations, cleaning, lubrication, testing, disassembly, check-out, replacement of worn or defective parts, etc., required to keep the equipment in operating condition. Contractor's maintenance of the equipment must satisfy all requirements as set forth by NFPA and JCAHO. HOURS OF WORK: This contract is a full service contract to include all necessary service calls, five (5) days per week, between the hours of 8:00 AM and 5:00 PM, Monday tough Friday, excluding Federal Holidays. ADDITIONAL SERVICES: The Contractor guarantees all equipment covered in this contract shall be in optimum working condition at the contract expiration date, provided the Contractor is notified of deficiencies at least one (1) day before the contract expiration date. All changes, updates or retrofits made on any component or system shall be annotated on station equipment manuals and records. Services also include recording all routine work; corrections and repair work in the equipment log. AUTHORIZED SERVICES: Only those services specified within the contract are authorized. Before performing any service or repair of a non-contract nature, the Contracting Officer or his/her designee must be advised of the reason for this additional work. If appropriate, the Contracting Officer or his/her designee may authorize the additional services or repairs under a separate purchase authorization. Contractor is cautioned that only the Contracting Officer or his/her designee may authorize additional services or repairs and reimbursement will not be made unless this prior authorization is obtained. DISCONTINUANCE OF SERVICE: The Government reserves the right to terminate service on a particular machine meeting replacement criteria upon thirty (30) days written notice to the Contractor with payment to be prorated. SUBCONTRACTING: Due to the complexity of the services required herein, subcontracting will not be permitted. TEST EQUIPMENT: The VA Medical Center will not furnish parts and/or test equipment for the performance of this contract. It is the responsibility of the Contractor to bring the appropriate equipment and/or supplies necessary to complete the work as required within. PERFORMANCE CONFERENCE: If appropriate, the Contracting Officer will schedule a performance conference for contract orientation purposes with the Contractor receiving award. SPECIAL CONTRACT REQUIREMENTS: Vendor must follow all Department of Veterans Affairs, Joint Commission, OSHA, and NFPA regulations when working on VA equipment. CONTRACTOR SUBMITTALS: Within fifteen calendar days after award date, but not later than performance of the first servicing of equipment, the Contractor will furnish two (2) copies of its preventive maintenance procedures manual which will be used during the preventive maintenance services of this contract to the Contracting Officer. These manuals are required by the Government as a condition of the facility's JCAHO accreditation and must be received before any invoice can be certified for payment. SERVICE CONTRACTS: Bidder shall provide in the space provided below, the name, location, and telephone number of the office where service calls are to be placed: OBSELETE MACHINES: Services under a resulting contract will not cover obsolete machines where parts for such obsolete machines are not available under the original manufacturer's commercial price list, unless mutually agreed to by the Contracting Officer and the Contractor. ORDERS: The Contractor's repairman will report to the office of the Contracting Officer's Representative (COR) prior to start of work and after completing the services required during that call. Services to be rendered will be directed by the COR and any changes must receive concurrence of the Contracting Officer and/or the COR. TYPE OF CONTRACT: The Department of Veterans Affairs anticipates award of a FIRM FIXED PRICE contract based on the contents of this solicitation. -----END OF SOW----- (ix) The estimated Performance Period is as follows: Base Year: 07-01-2016 tough 06-30-2017 Option Year 1: 07-01-2017 tough 06-30-2018 Option Year 2: 07-01-2018 tough 06-30-2019 (x) The Place of Performance is the Ralph H Johnson VA Medical Center, Biomedical Engineering Section, G200, 109 Bee Street, Charleston, SC 29403 (xi) The following solicitation clauses and provisions apply to this acquisition: 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL (OCT 2015), applies to this solicitation in addition to the following addendums to the provision. Addendum to FAR 52.212-1- Show FAR provisions followed by VAAR provisions in numeric order. List all provisions incorporated by reference in numeric order under 52.252-1 (see below), starting first with FAR and followed by VAAR: 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998); 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (DEVIATION 2015-02) (FEB 2015); 52.204-16 Commercial and Government Entity Code Reporting (NOV 2014); 52.204-17 Ownership or Control of Offeror (NOV 2014); 852.215-70-Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (DEC 2009). 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014), the government anticipates awarding without discussions to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. An award will be made on the basis of the lowest-priced technically-acceptable offer/proposal meeting or exceeding the acceptability standards for non-cost factors. Clarifications are permitted for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal. Clarifications do not give the offeror an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. Submitted offers shall not exceed 15 single-sided pages and any pages beyond this amount will be removed and not evaluated. Offeror quotes shall be evaluated under FAR Part 13.106-2(b) -- Evaluation of Quotations or Offers. The following factors shall be used to evaluate offers: 1. Price (follow these instructions) : Offeror will complete the Price Schedule in Section (v), with offerors proposed contract line item prices inserted in appropriate spaces. Offerors must also provide all applicable labor rates for the solicited services so they can be compared to the applicable wage determination for compliance with the Service Contract Act (SCA). 2. Past Performance: Provide (3) references of work, similar in scope and size with the requirement detailed in the Statement of Work. References must include contact information; brief description of the work completed, and contract # (if relevant). References may be checked by the Contracting Officer to ensure your company is capable of performing the Statement of Work. The Government also reserves the right to obtain information for use in the evaluation of past performance from any and all sources. 3. Technical: The offeror's quote shall be evaluated to determine if the organization has the experience and capabilities to provide the requested preventative maintenance and service of Novadaq PINPOINT and LUNA Fluorescence Imaging Systems, EE#185959 and EE#185229 as detailed in the Statement of Work in a timely efficient manner. To be considered technically acceptable for award each offeror must provide with their submitted quote/offer: a. Documentation that confirms the company has the required licensing and certifications for performing preventative maintenance and repair of the Novadaq PINPOINT and LUNA Fluorescence Imaging Systems, EE# 185959 and EE# 185229 as specified in this solicitation. b. Documentation that the technician(s) are trained, certified service technician to perform preventive maintenance and repairs preventative maintenance of the Novadaq PINPOINT and LUNA Fluorescence Imaging Systems, EE# 185959 and EE# 185229. c. If offeror is planning to sub-contract some or all of this work, please provide the name and address(s) of all subcontractor(s) (if applicable) and a description of their planned subcontracting effort. 4. Veterans Preference Factor (852.215-70): The Government will assign evaluation credit for an Offeror (prime contractor) which is a Service-Disabled Veteran-Owned (SDVOSB) or a Veteran-Owned Small Business (VOSB). Non-SDVOSB/VOSB Offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation Factor. a. For SDVOSBS/VOSBs: In order to receive credit under this Factor, an Offeror shall submit a statement of compliance that it qualifies as a SDVOSB or VOSB in accordance with VAAR 852.215-70, "Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors". Offerors are cautioned that they must be registered and verified in Vendor Information Pages (VIP) database (http://www.VetBiz.gov). i. Verified SDVOSBs will receive a 10% price credit (e.g. if a SDVOSB submits an offer of $100.00, it will be evaluated as if it submitted an offer of $90.00). ii. Verified VOSBs will received a 5% price credit (e.g. if a VOSB submits an offer of $100.00, it will be evaluated as if it submitted an offer of $95.00). b. For Non-SDVOSBs/VOSBs: To receive some consideration under this Factor, an Offeror must state in its proposal the names of SDVOSB(s) and/or VOSB(s) with whom it intends to subcontract, and provide a brief description and the approximate dollar values of the proposed subcontracts. Additionally, proposed SDVOSB/VOSB Subcontractors must be registered and verified in VIP database (http://www.VetBiz.gov) in order to receive some consideration under the Veteran's Involvement Factor. i. If a vendor submits a subcontracting plan where it will be using a SDVOSB, it will receive a 3.5% price credit (e.g. if this vendor submits an offer of $100.00, it will be evaluated as if it submitted an offer of $95.00). ii. If a vendor submits a subcontracting plan where it will be using a VOSB, it will receive a 2.5% price credit (e.g. if this vendor submits an offer of $100.00, it will be evaluated as if it submitted an offer of $97.50). (End of Evaluation Criteria) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS, applies to this acquisition. All offers shall include a completed copy of the provision at with your offer via the SAM.gov website or a written copy. These pages will not be counted against the 15 page limitation of the submitted offer. Ensure your representations and certifications are complete in the System for Award Management (SAM)( https://www.sam.gov). Otherwise, you will need to fill out solicitation Clause 52.212-3 "Offeror Representation and Certifications -Commercial Items", and submit with the quote. Federal Acquisition Regulations require that federal contractors register in the SAM database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their quotation. 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS, applies to this acquisition in addition to the following addenda's to the clause: 52.203-99 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (FEB 2015), 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2015), 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013), 852.203-70 Commercial Advertising (JAN 2008), 852.215-71 Evaluation Factor Commitments (DEC 2009), 852.232-72 Electronic Submission of Payment Requests (NOV 2012), 852.237-70 Contractor Responsibilities (APR 1984). 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition. The following FAR clauses identified at paragraph b of FAR 52.212.5 are considered checked and are applicable to this acquisition: 52.204-10; 52.209-6; 52.219-6; 52.219-28; 52.222-3; 52.222-19; 52.222.21; 52.222-26; 52.222-36; 52.222-50; 52.223-18; 52.225-13; 52.232-34; 52.222-41; 52.222-43 (WD 05-2473 (Rev 19) dated 01/05/2016). 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) (A) Definitions. As Used In This Clause-Postconsumer Fiber Means-(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed tough their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or (2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not (3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications. (b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government. (End of Clause) 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price, Requirements contract resulting from this solicitation. (End of Clause) 52.217-5 EVALUATION OF OPTIONS (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Clause) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. (End of Clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months. (End of Clause) 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) (a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. (b) Applicability. This clause applies only to--(1) Contracts that have been totally set aside or reserved for small business concerns; and (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).*(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. (2) Any award resulting from this solicitation will be made to a small business concern. (d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts. (End of Clause) 52.222-48 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT -- CERTIFICATION (MAY 2014) (a) The offeror shall check the following certification: CERTIFICATION. The offeror [ ] does [ ] does not certify that-(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations; (2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment. (i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and (3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute- (1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision-(1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements, will not be included in any resultant contract awarded to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision. (End of Provision) 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Janica Francis-Hunter, Contracting Officer Network Contracting Office 7 Department of Veterans Affairs Ralph H Johnson VAMC 325 Folly Road, 3rd Floor, STE 300 Charleston, SC 29412 Telephone: (843) 789-6448 Facsimile: (843) 789-6406 Email: Janica.Francis@va.gov (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) 52.237-1 SITE VISIT (APR 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. (End of Provision) 52.237-3 CONTINUITY OF SERVICES (JAN 1991) (a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. (End of clause) 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM) (APR 1984) The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Government shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. (End of clause) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR) 52.204-16 Commercial and Government Entity Code Reporting (Nov 2014) 52.204-17 Ownership or Control of Offeror 52.204-20 Predecessor of Offeror (End of Addendum 52.212-1) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 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): http://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm. These addresses are subject to change. You may also use an Internet "search engine" (e.g., Yahoo, Google, Bing, etc.) to obtain the latest location of the most current FAR. 52.204-9 Personal Identification Verification of Contractor Personnel (JAN 2011) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015) 52.222-1 Notice to the Government of Labor Disputes (FEB 1997); 52.228-5 Insurance - Work on a Government Installation (JAN 1997) 52.233-1 Disputes (JUL 2002) Alternate I (DEC 1991) 52.233-4 Applicable Law For Breach Of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.243-1 Changes Fixed-Price (AUG 1987) Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2010) 52.246-4 Inspection of Services - Fixed Price (AUG 1996) 52.246-20 Warranty of Services (May 2001) (End of Clause) VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. (End of Clause) VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) (a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses and veteran-owned small businesses as subcontractors. (b) Eligible service-disabled veteran-owned offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database. (http://www.VetBiz.gov). (c) Non-veteran offerors proposing to use service-disabled veteran-owned small businesses or veteran-owned small businesses as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VetBiz.gov VIP database (http://www.vetbiz.gov). (End of Provision) VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value. (End of Clause) VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause-(1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are tough one of the following: (1) VA's Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail; the contractor shall submit payment requests by mail tough the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. (End of Clause) VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation. (End of Clause) VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer. (End of Provision) VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of South Carolina. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from. (End of Clause) VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCOPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer. [Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision) VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor. (End of Provision) (xii) The Department of Labor Wage Determination applicable to this requirement is: WD 05-2473 (Rev 19) dated 01/05/2016. Descriptions for the occupations for this requirement and determining the appropriate wage determinations are the responsibility of the contractor, and the offeror is encouraged to coordinate with the Department of Labor in order to determine the appropriate job classifications for this requirement. The Agency assumes no responsibility or liability for a contractor's determination of the appropriate classification. http://www.wdol.gov/sca.aspx (xiii) n/a (xiv) The Defense Priorities and Allocations System (DPAS) is not Applicable to this acquisition (xv) n/a (xvi) QUESTIONS: All questions regarding this solicitation need to be electronically submitted (email) no later than June 16, 2016 at 1:00 pm EST to Janica Francis-Hunter, NCO 7 Contract Specialist e-mail Janica.Francis@va.gov. The solicitation number must be identified on all submitted questions. No questions received after this date will be answered. (xvii) Site Visit: A site visit is not contemplated at this time. (xviii) RFQ responses/bids/offers are due June 23, 2016 at 4:00 pm eastern standard time (EST). Only electronic offers (email) will be accepted. Hand deliveries or fax will not be accepted. Submit quotes to Janica.Francis@va.gov. All offers must include the solicitation number. Responses/bids/offers received after this date may not be considered for award. Please include the following information in your email subject line: "Preventative Maintenance and Service Agreement Novadaq PINPOINT Endoscopic Fluorescence Imaging System & LUNA Fluorescence Angiography System (VA247-15-Q-0579)". (xix) Contact information Contracting Office Address: Network Contracting Office 7-SAO EAST Department of Veterans Affairs 325 Folly Road, Ste 300 Charleston, SC 29412 Place of Performance: Ralph H Johnson VA Medical Center Department of Veterans Affairs 109 Bee Street Charleston, SC 29401 Primary Point of Contact: Janica Francis-Hunter, Contracting Specialist Janica.Francis@va.gov Phone: 843-789-6448 Fax: 843-789-6406
VA24716Q0677 Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 7
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