36C24124Q0460.docx

Notice of Intent to Sole Source

This notice is being published in accordance with Federal Acquisition Regulation (FAR) Part 5.101(a)(2) requiring the dissemination of information on proposed contract actions. This is a notice of intent to award a sole-source contract pursuant to 10 U.S.C 2304 (C)(1), as implemented by FAR 6.302-1(a)(2) and 6.301-1(c), only one responsible source and no other supplies or services will satisfy agency requirements, and brand-name descriptions.

Becton Dickinson Diagnostics 7 Loveton Cir Sparks Glencoe, MD 21152-9212

UEI: DP4CNEMUF5F3

This is not a solicitation. The Department of Veterans Affairs intends to negotiate the repair, service, and upgrade on the MGIT 960 and FX40 Lab Analyzer for VAMC West Haven located at 950 Campbell Ave, West Haven, CT 06516-2770.

A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. This notice of intent is not a request for competitive proposals. This is a written notice to inform the public of the Government’s intent to award on a sole source basis.

Becton Dickinson Diagnostics is the only vendor/contractor that can provide the service required. This acquisition will not be competed. Since the intent is to procure this on a sole source basis, no solicitation will be posted to Contracting Opportunities SAM.gov.

The authority for this action is FAR 6.302.1-1 Only One Responsible source and no other supplies or services will satisfy agency requirements.

The NAICS 811210. The size standard is $34.0M. The PSC/FSC is J065.

Please contact Fred Revah, Contracting Specialist with the responses or questions regarding this requirement at Frederic.revah1@va.gov.

The determination to conduct a competitive procurement based on responses to this notice is solely within the discretion of the Contracting Officer.

Response must be received by 7:00am EST 04/17/2024.

Performance of Work Statement (PWS) BD MGIT 960 and FX40 Lab Analyzer Service Repair

1.0 Introduction (Provide a brief description of what you are buying).

West Haven VA Medical Center is currently experiencing an issue with the BD MGIT 960 and FX40 instruments in the Tuberculosis Reference Laboratory. The touch screen monitor on the FX40 system is broken, and staff have been using a work-around to continue utilization with this instrument. The instrument cannot be upgraded unless we approve these funds and update the entire hardware/software on both systems. This vital software and hardware update will allow for the installation of the latest editions of computer hardware/software to ensure the MGIT 960 and FX40 instruments run efficiently and accurately. Currently, both instruments are connected to a software/hardware system that is grossly outdated and therefore, cannot accept any hardware upgrades.

2.0 Background (Provide any historical information necessary to understand how and why the requirement evolved and where it is headed. Include appropriate information to help the reader/contractor understand the requirement).

The FX40 and MGIT 960 instruments are automated culture monitoring assays that look for growth in liquid broth tubes/bottles to act in surveillance for Mycobacterium and Nocardia species. Samples that arrive to the Tuberculosis Reference Laboratory (TB Lab) are decontaminated and then inoculated into either instrument for a 42-day surveillance. Both instruments are vital to the TB Lab and are necessary for successful patient care and infection detection. Per the manufacturer’s recommendation and proposal, a BD field service engineer will travel on-site with the necessary parts and repair/replace broken modules to return the equipment to a working state. The BD field service engineer will also upgrade the unsupported operating system on the BD MGIT 960 from Windows 7 to Windows 10. The BD MGIT 960 and FX 40 instruments are critical to the operations of the TB Lab. They are currently functioning in a limited capacity due to the downtime of this equipment, which is causing issues with throughput.

Make: Becton Dickinson Company Model: BACTEC MGIT 960 Serial Number: MG3787

Make: Becton Dickinson Company Model: BACTEC FX40 Serial Number: FF0926

3.0 Scope (Provide an overview of the PWS emphasizing the most important aspects of your requirement and defining the boundaries of the contractor’s performance responsibilities).

BD will coordinate service repair work and on-site visitation with the Tuberculosis Reference Laboratory and HTM/clinical engineering teams during business hours (0800 – 1800). They will be required to fill out a vendor sign-in log with HTM/Clinical Engineering. BD will provide a debrief of findings and provide updates for work performed on the MGIT 960 & FX 40 instruments to make the entire system fully operational according to OEM specifications.

Place of Performance 950 CAMPBELL AVE, Building 2, Tuberculosis Reference Laboratory

WEST HAVEN, CT 06516

4.0 Applicable Directives (List all documents referenced in the next section 5.0, Performance Requirements, with which the contractor will have to comply in performance of the contract effort. If only portions of a given document apply, specifically identify the applicable portions).

N/A

5.0 Performance Requirements (Identify what the contractor is required to do (major tasks and subtasks).

The contractor’s responsibilities will include the following as described on Quote # 420058730 & Case # 02183089.

5.1 Dispatch a field service engineer to the location.

5.2 Supply parts & service required to make the system fully operational.

5.3 Repair/replace modules deemed broken to make the system fully operational.

5.4 Upgrade operating system from Windows 7 to Windows 10

6.0 Deliverables (List all data required to manage or monitor contractor performance).

6.1 The field service engineer will provide a service report for issue findings related to open case number 02183089.

6.2 The field service engineer will complete service repair and operating system upgrade of the system and verify equipment functionality, per OEM specifications, before returning the system to clinical use.

7.0 Security Clauses

N/A

Records Management Language for Performance of Work Statement (PWS):

The following standard items relate to records generated in executing the contract and should be included in a typical procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.