36C26021Q0032_1.docx

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* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice J065 Stryker ProCare Maintenance 98662 36C26021Q0032 01-13-2021

10:00 AM

EASTERN TIME, NEW YORK, USA

N

SDVOSBC

811219 Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662 Contracting Officer Robert Hamilton robert.hamilton8@va.gov 360-852-9880 Boise VAMC 500 West Fort St. Bldg 34 Boise

ID

83702

USA

Description

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

2. This is a Request for Quote (RFQ) and the solicitation number is 36C26021Q0032. The Government anticipates awarding a firm-fixed price base plus 4 option year service contract resulting from this solicitation.

3. This is a BRAND NAME only solicitation for Stryker Procare Preventive Maintenance. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-02 effective October 23, 2020.

4. This solicitation is 100% set-aside for Service-Disabled Veteran Owned Businesses (SDVOSB). The associated North American Industrial Classification System (NAICS) code for this procurement is 811219, with a small business size standard of $22 million and the PSC is J065. All interested SDVOSBs must be verified for ownership and control pursuant to 38 CFR 74 and listed in the Vendor Information Pages database, (https://www.vip.vetbiz.va.gov);

All interested companies shall provide quotations, including pricing for an additional 4 option years of service. Clauses 52.217-9 (Option to extend the Term of Contract) and 52.217-8 (Option to Extend Services) are included as a part of this solicitation.

5. Services Needed:

Procare SYS - 8 Reciprocating Saw, Qty 8 - Stryker PN: 8206-000-000W Contract Period: Base POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

OY 3:

OY 4:

52.217-8 (6mo):

Procare - SYS 8 Dual Trigger, Qty 8 - Stryker PN: 8205-000-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

OY 3:

Procare - SYS 8 Sagittal Saw, Qty 8 - Stryker PN: 8208-000-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - SYS 8 Precision Saw, Qty 8 - Stryker PN: 8209-000-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - SYS 8 Battery Large, Qty 35 - Stryker PN: 8215-000-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - SYS 8 Attachment, Qty 25 - Stryker PN: 8000-000-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - SYS 8 Cordless Driver, Qty 9 - Stryker PN: 4505-000-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - Cordless/Rotary Attachment, Qty 35 - Stryker PN: 4000-000-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - SYS 8 Battery Small, Qty 20 - Stryker PN: 8212-000-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - F1 Universal Motor, Qty 9 - Stryker PN: 1900-099-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - F1 Microdrill, Qty 9 - Stryker PN: 1900-015-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - F1 Reciprocating Saw, Qty 9 - Stryker PN: 1900-037-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - F1 Oscillating Saw, Qty 9 - Stryker PN: 1900-031-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - F1 Sag Saw, Qty 9 - Stryker PN: 1900-034-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - F1 Attachment, Qty 27 - Stryker PN: 1900-000-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - F1 Smartgrip (Pistol), Qty 18 - Stryker PN: 1900-013-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - F1 Smartgrip (Pistol), Qty 18 - Stryker PN: 1900-012-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - Flyte Helmet, Qty 7 - Stryker PN: 0408-600-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - Flyte Battery Powered Lighted Helmet, Qty 3 - Stryker PN: 0408-645-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - Flyte Power Pack, Qty 8 - Stryker PN: 0408-660-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - FSEM Sys 8 Hand Pieces - Data Subscription, Qty 28 - Stryker PN: 0280-200-100W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - SEM Sys 8 Batteries - Data Subscription, Qty 35 - Stryker PN: 0280-200-105W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - SEM F1 Hand Pieces - Data Subscription, Qty 45 - Stryker PN: 0280-200-100W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - SEM F1 SmartGrips - Data Subscription, Qty 36 - Stryker PN: 0280-200-105W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

Procare - Prevent Service, Qty 2 - Stryker PN: 9000-200-000W

POP Begin: 01-30-2021 POP End: 01-29-2022

OY 1:

OY 2:

6. Statement of Work:

Stryker Pro-Care Maintenance

1. Scope:

Contractor to provide on-site preventative maintenance and repair services on the same day as required, included but not limited to all labor, certified service technicians, travel, living expenses, maintenance materials and service, and tools, parts necessary to perform the required service in accordance with the manufacturer’s service manuals for the equipment listed herein. This requirement is subject to inspection and verification by the assigned Contracting Officer’s Representative (COR).

2. Specific Tasks:

A. The following is a listing of agreed upon services:

1) An unlimited number of repairs of the Stryker OR Equipment, including labor and parts, regardless of fault, except as provided in subsection (b) below;

2) Replacement equipment for the Stryker OR Equipment, if necessary. Stryker OR shall have sole discretion to determine whether the Stryker OR Equipment shall be repaired or replaced;

3) Use of loaner equipment to replace the Stryker OR Equipment during repair, except where the item is handled through Stryker OR’s repair / replace program;

4) Prioritized repairs over non-contracted customers, with no additional administration or approval process.

5) Provide software upgrades, if necessary.

6) Provide a system image DVD, of the current version, to reimage disk drive prior to return for repair.

7) Any hard drives removed from system will remain VA property.

8) Technical support 7 days per week, 24 hours per day. Support and any work done must be warranted by Stryker.

3. Security Concerns:

a. Contractor will check in with VA Police Services upon arriving on station and prior to reporting to Surgery Services, or BioMed Service, to begin work.

b. Contractor will complete the VA Privacy and HIPAA training prior to commencing work on this contract.

c. Unless contractor is issued a Personal Identification and Verification (PIV) badge, contractor will be escorted at all times while in non-public areas.

d. Contractor will not remove any storage media (disk drives, flash drive…) from the facility.

4. Definitions:

a. Contracting Officer (CO) - The person executing this contract on behalf of the Government with the authority to enter into and administer contracts and make related modifications, determinations and findings.

b. Contracting Officer’s Representative (COR) - A person who takes necessary action to ensure the contractor performs in accordance with and adheres to the specifications contained in the contract, and to protect the interest of the Government. Any indication of non-compliance shall be promptly reported to the CO in order that appropriate action can be taken.

c. Normal Duty Day: Monday through Friday, except for Federal Holidays, 8:00 a.m. -5:00 p.m.

d. Preventative Maintenance Checks: Those procedures which ensure the equipment and software are operating within manufacturers specifications.

5. Period of Performance (POP): The period for this contract will be a base plus four option years as outlined below:

a. Base: 01/30/2021 – 01/29/2022

b. OY 1: 01/30/2022 – 01/29/2023

c. OY 2: 01/30/2023 – 01/29/2024

d. OY 3: 01/30/2024 – 01/29/2025

e. OY 4: 01/30/2025 – 01/29/2026

6. Deliverables: Contractor will provide a service report to the facility COR within 5 business days of any service call or upgrade that is performed.

(end SOW)

7. Place of Performance/Place of Delivery Boise VA Medical Center 500 West Fort St Boise, ID Postal Code: 83702 Country: UNITED STATES

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:

8. FAR 52.212-1, “Instructions to Offerors–Commercial Items”, applies to this acquisition and the following clauses and instructions are added as addenda:

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

(a) Gray market items are Original Equipment Manufacturers (OEM – Stryker) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

(b) Offeror shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

(d) Any award made as a result of this solicitation will be made on an All or Nothing Basis.

(e) Offerors are warned against contacting any VA personnel other than the Contracting Officer and Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations.

(f) All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror’s page limitations unless otherwise indicated in the specific volume instructions below.

(g) All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote.

(End of Addendum to 52.212-1)

9. FAR 52.212-2, “Evaluation-Commercial Items”, applies to this acquisition. the following factors shall be used to evaluate offers:

(a) Price:

Price - The offeror shall complete the pricing schedule provided in Section (5) above: Price/Cost Schedule. Please include 52.217-9 option year pricing and 52.217-8 (for 6 months) option pricing.

(b) Proof of Meeting the Special Standards of Responsibility:

The offeror must provide proof of being an authorized distributor of the manufacturer to be considered for award.

10. Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer if has not been completed on SAM.gov.

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 Items.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

11. FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” (OCT 2018)

· ADDENDUM to FAR 52.212-4 – The following clauses are included as a part of the addendum:

· 852.212-70, “Provisions and Clauses Applicable to VA Acquisition of Commercial Items” (APR 2020). The following clauses are incorporated by this clause:

12. The following subparagraphs of FAR 52.212-5 are applicable:

FAR 52.212-5 applies to this acquisition with the following FAR clauses incorporated by reference;

13. There are no additional contract requirements, terms or conditions.

14. The Defense Priorities and Allocations System (DPAS) ratings are NOT APPLICABLE.

15. Quotes must be emailed to robert.hamilton8@va.gov and received no later than 10:00 AM EST on 01/19/2021. Quotes may be submitted on this document or the vendor’s own form.

No late quotations will be accepted. The Government intends to make award without discussions.

16. For information regarding the solicitation, please contact Robert Hamilton at Robert.hamilton8@va.gov.

VHAPM Part 813.106 SAP: Soliciting Competition & Evaluation of Quotations SOP Page 16 of 24 Original Date: 10/12/17 Revision 04 Date: 06/10/20

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C260-20-AP-4389

1. Contracting Activity: Department of Veterans Affairs, RPO West, NCO 20 on behalf of Boise VA Medical Center. 2237: 531-21-2-930-0006

2. Nature and/or Description of the Action Being Processed: This is is a brand name only requirement for a firm-fixed price base plus four option year contract for Stryker Procare service in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. Boise VAMC has a need for service contract that covers maintenance and repair of Stryker Operating Room (OR) equipment. Market research confirmed that there are two SDVOSB sources that are authorized distributors for Stryker. Estimated Annual Cost (Manufacturer Pricing): Total: $797,353.37.

Estimated Cost Table

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Contractor is to provide on-site preventative maintenance and repair services on the same day as required, included but not limited to all labor, certified service technicians, travel, living expenses, maintenance materials and service, and tools, parts necessary to perform the required service in accordance with the manufacturer’s service manuals for Stryker brand OR equipment. The service entails the following:

a. An unlimited number of repairs of the Stryker OR equipment, including labor and parts, regardless of fault, except as provided in subsection (b) below;

b. Replacement equipment for the Stryker OR equipment, if necessary. Stryker shall have sole discretion to determine whether the Stryker equipment shall be repaired or replaced;

c. Use of loaner equipment to replace the Stryker OR equipment during repair, except where the item is handled through Stryker’s repair/replace program; and

d. Prioritized repairs over non-contracted customers, with no additional administration or approval process.

e. Will provide software upgrades.

f. Will provide a system image DVD, of the current version, to reimage disk drive prior to return for repair.

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification >SAT-$7M under FAR13.5

PM Part 813.5 SAP for Certain Commercial Items Original Date: 08/30/17 Revision 02 Date: 08/04/2020 Page of

TABLE OF EQUIPMENT COVERED

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements ( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): This is a brand name justification for Stryker Procare. Stryker is the only company authorized to provide repair and maintenance service for Stryker brand name products and still maintain a equipment warranty requirements. All repairs pass an FDA-regulated, Stryker-certified quality assurance test and OEM specifications are guaranteed. Furthermore, Stryker does not sell or make otherwise available to any non-Stryker repair companies new or remanufactured parts for servicing of Stryker equipment. Any parts used by a third-party repair vendor are either non-factory authorized or scavenged from used Stryker components. It is in the Government best interest to acquire this service through a brand name source selection.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to the proprietary nature maintaining the warranty on various Stryker equipment has led to the brand name restriction on this procurement. Stryker has three authorized SDVOSB partners who can provide for this requirement. A combined synopsis /solicitation will be posted to SAM Contracting Opportunities with a SDVOSB set aside IAW statute 38 USC 8127 and VAAR 819.7005.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: IAW FAR 13.106-3(a)(1), the proposed pricing as offered in response to the solicitation will be evaluated and determined fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Limited additional market research was conducted as Stryker Procare Service is the only manufacturer/brand that is able to meet the Government’s requirement. I contacted Stryker to see if they had any small business partners and they provided three SDVOSBs sources: Trillamed, Beacon Point and Four Points.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no other facts necessary to support this justification.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Stryker (Large), Trillamed (SDVOSB), Beacon Point (SDVOSB) and Four Points (SDVOSB).

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: In situations involving complex medical equipment, it is difficult to remove barriers to competition. However, if the VISN or facility determines that a new system is required, then the market will be surveyed to determine if there are any other sources who could fulfill the requirement.

12. ( Donald B.

Digitally signed by Donald B. Sedlacek 1397672 Sedlacek 1397672 Date: 2020.12.15 14:40:48 -07'00' )Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Donald Sedlacek Chief, Biomedical Engineering Boise VA Medical Center

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Robert W.

Digitally signed by Robert W. Hamilton 902204

Page 1 of -08'00' )Hamilton 902204 Date: 2020.12.16 05:52:46 Robert Hamilton Contracting Officer Network Contracting Office 20 (NCO 20)

RPO West JA Tracker# 2020-10-22T09:48:01

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Page 1 of Stephen D. Allen 1565216 S. Dale Allen Director of Contracting

Digitally signed by Stephen D. Allen 1565216 Date: 2020.12.22 13:14:05 -08'00'

Network Contracting Office 20 (NCO 20)

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve ($700K to $7 million (or $13.0 million for acquisitions described in FAR 13.500(c)) for other than full and open competition.

CURTIS M. JORDAN 597130

Digitally signed by CURTIS M. JORDAN 597130 Date: 2020.12.23 11:52:19 -07'00' Curtis M. Jordan Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA) Page 1 of