36C24125Q0198.docx

Special Notice Special Notice

GENERAL INFORMATION

Network Contracting Office (NCO) 1 Contracting Office (90C) 950 Campbell Avenue West Haven CT 06516

POINT OF CONTACT*

Contract Specialist Ophelia Wilson ophelia.wilson@va.gov 203-932-5711

ADDITIONAL INFORMATION

DESCRIPTION

Pre-solicitation Notice of Intent to Sole Source Pre-Solicitation Notice for notice of intent to award a sole source contract. This is not a solicitation. The Department of Veterans Affairs intends to negotiate a sole source contract for 5 years with Leica Microsystems Inc.,10 Parkway North, Suite 300, Deerfield, IL 60015, to obtain preventative maintenance and service including all repair parts, labor, and travel as needed on the existing confocal microscope. Leica Microsystems Inc is currently the sole source provider of services, parts, support, and warranty on the confocal microscope. Due to Leica Microsystems Inc being the current manufacturer, they are the only authorized vendors certified to provide services on this equipment. Since the intent is to procure these services on a sole source basis, no solicitation will be posted to Contract Opportunities. The applicable NAICS code is 334516 with a size standard of 1000 employees. The PSC is J066. The authority for this action is FAR 6.302-1 Only One Responsible source and no other supplies or services will satisfy agency requirements. Interested persons may contact the Contract Specialist via email at ophelia.wilson@va.gov regarding this procurement. 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 01/31/2025.

STATEMENT OF WORK

Item description: Leica service agreement for existing capital equipment.

This contract is to create a service agreement to facilitate the vendor (Leica Microsystems, Inc.) to provide annual maintenance for a confocal microscope on site and in use at the White River Junction VA Healthcare System. The instrument setup includes the STELLARIS 5 LIAchroic confocal microscope, operating computer, and software (EE# 51323; serial # 8200000623) Laboratories within our Research Service are currently evaluating immunological and other biological proteins in pre-clinical research samples. Creating a preventative maintenance contract will fully utilize existing scientific equipment to conduct these VA-ORD funded studies. Maintaining an active service contract will save time, improve productivity, reduce long-term repair costs, and reduce unnecessary government spending. Maintaining proper usage and calibration will also ensure and support reproducible research and appropriate translation of research findings. Adhering to these guidelines is recommended and often mandated by federal funding agencies. The current contract anticipates preventative maintenance support for this instrument, which will provide the following services and supplies:

Preventive Maintenance Inspections: The contract provides one preventative maintenance visit per year per instrument. During each preventive maintenance visit, the Vendor Representative will evaluate the instruments’ performance and provide a preventative maintenance kit (as applicable) for use by the Leica Representative. Calibrations, alignments, lubrication, and part replacement will be performed as deemed necessary by the Leica Representative to maintain the instruments’ operation in accordance with technical specifications. The Premium Care service plan includes unlimited on-site repairs, including replacement for service parts, components, or modules necessary for repairs, excluding lasers. The Premium Care service plan also includes prioritized on-site response time for critical repairs, unlimited access to Leica on Call Technical Support and Remote Services. Preventative maintenance includes firmware and software updates required for operating the instrument, excluding software and Windows upgrades).

Parts: Leica Microsystems will provide all parts, components, and modules required to affect a repair as explained in the quote, with the exception of lasers. All services will be performed by factory-trained and certified Field Service Engineers with genuine Leica Microsystems part that meet the original equipment manufacturer (OEM) specifications. All service shall be performed in a professional manner.

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.

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.

Special Notice