36C24124Q0672_1.docx

Special Notice Special Notice

GENERAL INFORMATION

VA Connecticut

950 Campbell Avenue West Haven CT 06516-2770

POINT OF CONTACT*

Contract Specialist Chadwin Walker chadwin.walker@va.gov 203-932-5711

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

DESCRIPTION

Heidelberg Camera Repair and Upgrade INTENT TO SOLE SOURCE: Heidelberg Camera Repair and Upgrade Services

This is not a request for competitive proposals. This is not a solicitation or request for offers. No solicitation package is available and telephone requests will not be honored.

The Department of Veterans Affairs Providence Medical Center intends to award a one-time, Firm Fixed Price, Sole Source contract for the Heidelberg Camera Repair and Upgrade Services for the Providence VAMC. Original Equipment Manufacturer is Heidelberg Engineering, Inc.

Technology, knowledge, technical expertise, and servicing capabilities for the Heidelberg Camera Repair and Upgrade Services are proprietary to Heidelberg Engineering.

A Sole Source Letter was provided by the Original Equipment Manufacturer (OEM) describing the proprietary nature of the Heidelberg Camera and their Repair and Upgrade Services, establishing this requirement as being peculiar in distribution to the OEM. The letter states that only the OEM is authorized to service the Heidelberg Cameras.

The authority for applying the Simplified Acquisition Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901. This statute is implemented by for restricting competition on this procurement via FAR 8.405-6(a)(1)(i)(B).

The intent is to procure these products on a sole source basis. No solicitation will be posted to Contract Opportunities. The primary North American Classification System Code (NAICS) is 811210: Electronic and Precision Equipment Repair and Maintenance. The most current Business Size Rating for this NAICS is $34 million.

Capable parties may identify their interests and authorization to respond to this requirement by July 4th, 2024, at 12:00 PM (EDT).

A determination by the Government not to compete this proposed award upon response to this notice is solely within the discretion of the Contracting Officer.

STATEMENT OF WORK, Heidelberg Engineering (650-24-3-7440-0061)

SCOPE OF WORK: The Vendor, Heidelberg Engineering shall provide all labor, personnel, equipment, tools, materials, supervision and other items and services necessary to perform the replacement and upgrade of the Heidelberg camera in the Optometry clinic.

1. EQUIPMENT:

The contractor shall provide all tools and equipment necessary to properly and safely perform the services set forth within this statement of work.

Department of Veterans Affairs 830 Chalkstone Ave Providence, RI 02908

2. AREAS TO BE SERVICED

Optometry Department 623 Atwells Ave Providence, Rhode Island.

3. TASK FREQUENCY AND INSTRUCTIONS:

This will be a single visit, be it a single day or multiple days, at the VA Providence Optometry Department, it will be sufficient to complete the work set forth in the scope of work. This visit is to be scheduled in advance with the POC: Carl Bechet Clinical Engineering at 401-533-0727

4. PROPERTY DAMAGE:

The contractor shall take all necessary precautions to prevent damage to any government property. The contractor shall report any damages immediately and shall be assessed current replacement costs for property damaged by the contractor, unless corrective action is taken. Any damaged material (i.e., trees, shrubs, lawn/turf, cubs, gutters, sidewalks, etc.) will be replaced in a timely manner or corrected by the contractor with like materials, at no extra cost to the government, upon approval of the Contracting Officer.

5. IDENTIFICATION, PARKING, SMOKING, CELLULAR PHONE USE AND VA REGULATIONS:

The contractor's employees shall wear visible identification at all times while on the premises of the VA property. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police-Security Service. The VA will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited inside any buildings at the VA. Cellular phones and two way radios are not to be used within six feet of any medical equipment. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in a citation answerable in the United States (Federal) District Court, not a local district state, or municipal court.

6. INFORMATION SECURITY LANGUAGE

Records Management Language for Statement of Work (SOW):

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.

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.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services”

2. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services” Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” (Nov 2023)

· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services” (Dec 2023)

· VAAR 852.212-71 “Gray Market and Counterfeit Items (FEB 2023) [sol & contracts for new medical and information technology equipment for VAMCs that include 52.212-1 & 52.212-2]” The following subparagraphs of FAR 52.212-5 are applicable:

52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub L. 117-328) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note).

52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (NOV 2023) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (OCT 2018) (31 U.S.C. 3332)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR.

Appendix C VA Information and Information System Security/Privacy Language for Inclusion into Contracts sections 1, 2, 3, 6, 7, and 9

Special Notice