36C25723Q0670.docx

SUBJECT*

Tango Laser M&R Service

GENERAL INFORMATION

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs Central Texas Veterans HCS NCO 17 1901 Veterans Memorial Dr. Building #171 Temple TX 76504

POINT OF CONTACT*

Contract Specialist Cheryl Clark cheryl.clark4@va.gov

(972) 708-0825

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Special Notice – Notice of Intent to Award a Sole Source Procurement

The Department of Veterans Affairs, Veterans Health Administration, Network Contracting Office 17, intends to award a firm-fixed priced contract/order to Lumibird Medical.

LIN 0001

Includes:

1. Complete coverage, parts and labor, for the Tango console only.

2. One (1) Preventive Maintenance visit, as recommended by manufacturer

3. Platinum Service Package: 1 ea. Safety Goggles, 2 fuses, 3 fixation bulbs (if applicable), 1 Slit lamp bulb, and 3 medical elbow rests.

4. Guaranteed Service Time – technician on site within 72 hours for repairs.

During a twelve month extended service warranty period, contractor will provide all parts, labor, and travel necessary to maintain Tango Laser at factory specifications under normal operating condition This does not include normal wear and tear, such as replacement of light bulbs, chin rest papers, fuses, and cleaning. Includes one (1) preventative maintenance visit, as recommended by manufacturer.

This notice is not to be considered a request for quotations or proposals. A contract will not be awarded based on an offer received in response to this notice; however, all responsible sources may submit a capability statement, proposal, or quotation, to cheryl.clark4@va.gov which shall be considered by the agency.

Proposals or offers received will be used to determine if a comparable source is available and more advantageous to the government. If no affirmative written response is received within 7 days from the publication of this notice, a contract/order will be issued to Lumibird Medical without any further notice.

The proposed contract actions are for services, which the government intends to negotiate with only one source. The anticipated statutory authorities permitting other than full and open competition for the requirement is 41 U.S.C. 3304(a)(1), as implemented by FAR 13.5.

Special Notice Special Notice The proposed sole source procurement will be made by a pricing agreement with Lumibird Medical.

Special Notice

STATEMENT OF WORK

SERVICE FOR BIOMEDICAL EQUIPMENT

Tango Laser M&R

EQUIPMENT IDENTIFICATION:

EE 21856 Description: Tango Laser Serial Number: TG2807

SCOPE OF WORK:

During the twelve month extended service warranty period, Ellex will provide all parts, labor and travel necessary to maintain the Tango laser at factory specifications under normal operating condition. This does not include normal wear and tear, such as replacement of light bulbs, chin rest papers, fuses, and cleaning. Includes one (1) preventive maintenance visit, as recommended by manufacturer.

Platinum Level Includes:

* 1. Complete coverage, parts and labor, according to the above terms, for the Tango console only.

* 2. One (1) Preventive Maintenance visit, as recommended by manufacturer – to be scheduled by Lumibird Medical Inc (Ellex, Inc.) – Requires completion of PM Contact page (page 4)

* 3. Platinum Service Package: 1 ea. Safety Goggles, 2 fuses, 3 fixation bulbs (if applicable), 1 Slit lamp bulb, and 3 Lumibird Medical Elbow Rests.

* 4. Guaranteed Service Time – technician on site within 72 hours for repairs.

This will be a firm-fixed-price award.

The contractor shall provide all labor, personnel, equipment, tools, materials, supervision, and other items necessary to provide annual preventive maintenance and corrective repair service and software support on-site for the equipment and systems listed below for the West Texas VA Health Care System (WTVAHCS).

DEFINITIONS/ACRONYMS:

PERFORMANCE STANDARDS:

Contract service shall ensure that the equipment functions in conformance with the latest published edition of the applicable standards, such as: NFPA-99, UL, OSHA, VA, CDRH, etc. and the “Manufacturer's Performance standards/ specifications” as used when the equipment was originally procured and that any upgrades/updates will meet the stated standards/specifications.

HOURS OF COVERAGE:

NOTE: Hardware/software update/upgrade installations will be scheduled and performed during normal hours of coverage at no additional charge to the government.

Juneteenth

UNSCHEDULED MAINTENANCE (Emergency Repair Service)

A. Contractor and Biomedical Engineering shall maintain the equipment in accordance with Section 2 Equipment Performance. Contractor will provide unlimited telephone technical support. All required parts shall be furnished.

SCHEDULED MAINTENANCE:

PM services shall be performed in accordance with, and during the hours defined in, the preventive maintenance schedule established herein. All exceptions to the PM schedule shall be arranged and approved in advance with the COTR. Any charges for parts, services, manuals, tools, or software required to successfully complete scheduled PM are included within this contract, and it’s agreed upon price, unless specifically stated in writing otherwise.

PARTS:

The Contractor has ready access to all parts, including unique and/or high mortality replacement parts. All parts supplied shall be compatible with existing equipment. The contract shall include all parts except -if applicable - those parts specifically listed as being EXCLUDED. The contractor shall use new or rebuilt parts. All parts shall be of current manufacture and have complete versatility with the presently installed equipment. All parts shall perform identically to the original equipment specifications. Rebuilt parts, used parts or those removed from another system shall not be installed without specific approval by the CO or the COTR. (The Contractor shall also list any excluded parts under the service contract).

SERVICE MANUALS/TOOLS/EQUIPMENT:

A. The WTVAHCS shall not provide tools, (test) equipment, service manuals, or service diagnostic software to the contractor. Contractor shall obtain, have on file, and make available to its FSE all operational and technical documentation (such as operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract. The location and listing of the service manuals, by name and/or the manuals themselves shall be provided to the CO upon request.

B. Contractor shall provide the COTR or Biomedical Engineering two (2) copies of all documentation that pertains to any hardware, software, or firmware upgrade or repair. Contractor shall provide to the COTR or Biomedical Engineering two (2) copies of the latest version(s) of all documentation and licensing agreements, which shall include operation, service, and diagnostic software. The COTR or Biomedical Engineering shall have access to the same operation, service, diagnostic software, and documentation as the OEM's FSE. Contractor shall provide to the COTR or Biomedical Engineering OEM Service Bulletins for the equipment listed in Part I.

DOCUMENTATION/REPORTS:

The documentation shall include detailed descriptions of the scheduled and unscheduled maintenance (i.e., Emergency repairs) procedures performed, including replaced parts, and prices (for outside normal working hour services) required to maintain the equipment in accordance with Section C, III, Conformance Standards, and the manufacturer's specifications. Such documentation shall meet the guidelines as set forth in the Conformance Standards section. The ESR will consist of a separate PM report for the item(s) covered under the "specific" contract. Grouping different equipment from different contracts on "one" ESR is prohibited. In addition, each ESR must, at a minimum, document the following data legibly and in complete detail:

REPORTING REQUIREMENTS:

WTVAHCS Biomedical Contact Person(s): Chief Biomedical Engineering or designee.

Contractor -- Provide telephone number(s) to call for your Service Department: _______________________________________________________________________ Provide name(s) of authorized contact person(s): Thomas Fortner 432-236-7361 ext. 7659 thomas.fortner@va.gov

PAYMENT:

Invoices will be paid in arrears monthly. Invoices, MUST INCLUDE, at a minimum, the following information: Contract No., Purchase Order No., Item(s) covered (to include serial #'s) by the PMI and covered period of service. Invoices will be submitted through Tungsten.

ADDITIONAL CHARGES:

There will be no additional charge for time spent at the site (during, or after the normal hours of coverage) for delivery of parts.

REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE:

The Contractor shall immediately, but no later than 24 (twenty-four) consecutive hours after discovery, notify the CO and COTR (in writing) of the existence or the development of any defects in, or repairs required, to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The Contractor shall furnish the CO and COTR with a written estimate of the cost to make necessary repairs.

CONDITION OF EQUIPMENT:

The Contractor accepts responsibility for the equipment described in Section C, paragraph I., in "as is" condition. Failure to inspect the equipment prior to contract award will not relieve the Contractor from performance of the requirements of this contract.

COMPETENCY OF PERSONNEL SERVICING EQUIPMENT:

TEST EQUIPMENT:

Prior to commencement of work on this contract, the Contractor shall provide the WTVAHCS with a copy of the current calibration certification of all test equipment which is to be used by the Contractor on WTVAHCS's equipment. This certification shall also be provided on a periodic basis when requested by the WTVAHCS. Test equipment calibration shall be traceable to a national standard.

IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

The Contractor's FSEs shall always wear visible identification issued by the WTVAHCS Police Section while on the premises of the WTVAHCS. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The WTVAHCS will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at the WTVAHCS. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

INSURANCE:

CONTRACT TIME PERIOD:

A. Contract enactment will be from October 1, 2023 through September 30, 2024.

B. Contract is for one year only with no option years.

C. Contract may be canceled at anytime with a thirty (30) day written notice.

SECURITY AND PRIVACY:

Vendor will not have access to information deemed to be “VA sensitive information”. The certification and accreditation (C&A) does not apply.

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

RECORDS MANAGER:

i. 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.

ii. 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.

iii. 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.

iv. 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.

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

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

vii. 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.

viii. 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 [email, fac, etc.] or state of completions [draft, final, etc.]

ix. 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 of 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.

x. 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 ad proprietary information.

WORKER REQUIREMENTS AND ACCESS:

Contractor employees will need to get access badges from the VA Police Service located on the ground floor, main facility prior to conducting business, installation, or training functions. Contractors are required to abide by all facility requirements in regards to screening and masking requirements.