S03 Intent to Sole Source 36C24125Q0492.docx

Special Notice Special Notice

GENERAL INFORMATION

NCO1

200 Springs Road Bedford MA 01730

POINT OF CONTACT*

Contracting Specialist Manases Cabrera manases.cabrera@va.gov 781-687-4418

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

DESCRIPTION

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.

The Department of Veterans Affairs Medical Centers located within VISN1 have a requirement for Medivator Sterilizer Maintenance as described in the attached performance work statement.

The Government intends to award a firm-fixed-price sole-source contract.

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 Governments intent to award on a sole source basis.

Interested parties may identify their interest and capability to respond to the requirement. Any response to this notice must show clear and convincing evidence that competition will be advantageous to the Government.

Please contact Manases Cabrera, Contracting Specialist, with any responses or questions regarding this requirement at manases.cabrera@va.gov.

This notice will close on May 23, 2025, at 4:30 PM Eastern Standard Time (EST)

Performance Work Statement Blanket Purchase Agreement for V1 Steris Medivators Endoscope Reprocessing Systems- annual service support, PM kits, and training tuition

VISN 1 MEDICAL CENTERS

1.0 General: This is a non-personnel services Blanket Purchase Agreement (BPA) contract to provide Preventative and Corrective Maintenance Services, PM Kits, and in-house training on the Steris Medivators Endoscope Reprocessing Systems. The Government shall not supervise or control the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor, who, in turn, is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform preventative and corrective maintenance as defined in this Performance Work Statement for annual service support. The contractor shall provide PM kits for authorized and trained facilities' in-house HTM staff and tuition vouchers when purchased by a facility for their in-house HTM staff. The contractor shall perform to the standards in this contract.

1.2 Background: The VHA is seeking a firm fixed price for annual service support, PM Kits, and training tuition with a five-year BPA for the Steris Medivators Endoscope Reprocessing Systems. The services shall include emergency service, unlimited parts, preventive maintenance, factory authorized updates/modifications, technical support, and application support as outlined in the Performance Work Statement and PM kits/tuition voucher when ordered by the facility.

1.3 Objectives:

· Provide preventative maintenance at scheduled intervals

· Electrical and mechanical checks designed to identify systems or subsystems that require further service or maintenance

· Emergency repair service 24 hours a day, 7 days a week

· Minor repairs and adjustments will be made at the time of inspection

· Work performed will be documented on the work orders and provided by the contractor

· Services shall be performed by certified, trained personnel

· Provide repair and preventative supplies and parts.

· Provide manufacturer-level service training to VHA employees.

· Provide PM kits (when ordered by the facility)

· Provide training voucher (when ordered by the facility)

1.4 Scope: All equipment shall be maintained in proper operating condition as specified by the manufacturer. The contractor must have proven access to original equipment, manufacturers' (OEM) parts manuals, and schematics, which must be available on-site during service. All defective parts that are replaced become the property of the contractor. The contractor will provide competitive pricing for the preventative maintenance (PM) kit so that the VHA employee can perform the required maintenance.

1.5 Period of Performance: The performance period shall be for five years

1.5.1 Frequency of Performance: Preventive Maintenance should occur in intervals in accordance with the OEMs recommendations and meet the VHA HTM Service Bulletin SB2025-001 grace periods as defined below:

1.6 Place of Performance: The work to be performed under this requirement will be conducted at the following VISN 1 locations:

Providence, RI 02908

Augusta, ME 04330

1.7 Equipment List:

1.8 Security Requirements: All employees of general contractor and subcontractors shall comply with VA security management program and obtain permission of the VA police, be identified by project and employer, and restricted from unauthorized access. All contractor employees and sub-contractor employees shall apply for and, if qualified, be badged for general un-escorted access per VA Security Directive requirements.

1.8.1 Identification Badging: All contractor personnel shall obtain a short-term identification badge issued by the COR or government designated representative. Such badge shall be worn by the individual and prominently displayed at all times while on VA Property. No employee of the contractor shall enter the project site without a valid identification badge issued by the VA. To obtain a short-term identification badge, contractor personnel shall present to the COR a valid (non-expired) photo identification issued by a US federal, state, or local government agency

1.8.2 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.8.3 Identification of Contractor Employees: All contract personnel where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.8.4 Sensitive Work Areas: Contractors shall be accompanied by an escort in all sensitive work areas.

1.8.5 VAAR (VA Acquisition Regulation) clause:

All contractors and subcontractors shall comply with conditions specified in VAAR 852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S. services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO in writing prior to access being granted.

2.0 Contractor Responsibilities: The contractor shall provide both scheduled and unscheduled services to repair and maintain equipment in a fully functioning condition

2.1 Conformance Standards: Contractor shall provide service and ensure that the equipment functions in accordance with the equipment manufacturer’s technical performance specifications. Contractor shall conform to all regulations to include but not be limited to federal, state and local governing any chemicals, equipment or work which may be used or performed in the work under this contract.

2.2 Unscheduled Maintenance:

· Contractor shall maintain the equipment in accordance with the manufacturer's specifications.

· The Contractor shall provide repair service which may consist of calibration, cleaning, oiling, adjusting, replacing parts, and maintaining the equipment, including all intervening calls necessary between regular services and calibrations. All required parts shall be furnished.

· The CO or designated alternate has the authority to approve/request a service call from the Contractor.

· Response Time: Contractor's FSE must respond with a phone call to the COR or designated representative within 1 hour after receipt of telephoned notification during normal hours of coverage. If the problem cannot be corrected by phone, the FSE will commence work (on-site physical response) within 2 hours after receipt of this second notification and will proceed progressively to completion without undue delay. For example, if hours of coverage are 08:00 AM to 05:00 PM, Mon. thru Fri., a 2-hour response means, if a call is placed at 8:45 AM., Monday August 10th; the FSE must start on-site service before 10:45 PM, Monday, August 10th.

2.3 Scheduled Maintenance:

· The Contractor shall perform Preventive Maintenance (PM) Service to ensure that equipment performs in accordance with section 2.1 Conformance Standards. An outline of the PM procedures and schedule shall be provided to the COR or designated representative. The Contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed and actual values obtained (as applicable). This documentation shall be provided to COR or designated representative at the completion of the PM (preferably in electronic format). The contractor shall provide written description of Preventive Maintenance Inspections (PMI). This description shall include an itemized list of the procedures performed, including electrical safety. At minimum, the contractor will perform electrical safety testing in accordance with NFPA-00 standards.

· PM services shall include, but need not be limited to, the following:

· Cleaning of equipment.

· Reviewing operating system software diagnostics to ensure that the system is operating in accordance with Section 2.1, Conformance Standards.

· Calibrating and lubricating the equipment.

· Performing remedial maintenance of non-emergent nature.

· Testing and replacing faulty and worn parts and/or parts likely to become faulty, fail or become worn.

· Inspecting and replacing where indicated, electrical wiring and cables for wear and fraying.

· Inspecting, and replacing where indicated, all mechanical components which may include, but is not limited to: X-ray tube mounting hardware, patient restraints and support devices, cables and mounting hardware, chains, belts, bearings and tracks, interlocks, clutches, motors, keyboards, and patient couches for mechanical integrity, safety, and performance.

· Returning the equipment to the operating condition [defined in Section 2.1 Conformance Standards].

· Providing documentation of services performed.

· Inspecting and calibrating the hard copy image device.

· PM Services shall be performed in accordance with the Original Equipment Manufacture guidelines, and during the hours defined in the Hours of Coverage. All exceptions to the PM schedule shall be arranged and approved in advance with the COR or designated representative.

2.3 Service Manuals/Tools/Equipment: The Contractor shall provide all tools, (test) equipment, service manuals or service diagnostic software to perform the service. The contractor shall obtain, have on file, and make available to its FSE's 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 data manuals, by name and/or the manuals themselves shall be provided to the CO upon request.

The A&A requirements do not apply and a Security Accreditation Package is not required.

2.4 Documentation/Reports: Upon completion of the service, work performed will be documented on the work orders and provided by the contractor.

· The documentation shall include detailed descriptions of the scheduled and unscheduled maintenance (i.e., Emergency repairs) procedures performed, including replaced parts required to maintain the equipment in accordance with the manufacturer's specifications.

· 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:

· Name of contractor and contract number.

· Name of FSE who performed services.

· Contractor service ESR number/log number.

· Date, time (starting and ending), equipment downtime and hours on-site for service call.

· VA purchase order number(s) covering the call if outside normal working hours.

· Description of problem reported by COR/user (if applicable).

· Identification of equipment to be serviced:

· Inventory ID number

· Manufacturer's name

· Device name

· Model number

· Serial number

· Any other manufacturer's identification numbers

· Itemized Description of Service Performed including:

· Labor and Travel,

· Parts (with part numbers),

· Materials and Circuit Location of problem/corrective action.

· Signatures:

· FSE performing services described

· Authorized VA Employee who witnessed service described

2.5 Condition of Equipment: The Contractor accepts responsibility for the equipment 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.

2.6 Competency of Personnel Servicing Equipment:

· Each respondent must have an established business, with an office and full-time staff. The staff includes a "fully qualified" FSE and a "fully qualified" FSE who will serve as the backup.

· The scheduled maintenance and service calls shall be performed by J&J trained personnel in accordance with the agreement. Technicians shall include fully qualified Facility Service Engineers (FSE) and a fully qualified FSE who will serve as the backup and show proof of competency, as shown by training conducted on said system. "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program, for the equipment identified in this statement of work. For field experience, the FSE(s) has a minimum of two years of experience (except for equipment newly on the market) with respect to scheduled and unscheduled preventive and remedial maintenance. Proof of training shall be provided upon demand and be immediately sent via fax, upon demand to the COR. All FSE’s and technicians shall be authorized by the Contractor to perform the maintenance services. All work shall be performed by "Fully Qualified" competent FSE's. The COR and/or designated representative specifically reserve the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment.

· If subcontractor(s) are used, they must be approved by the CO; the Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

2.8 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 COR (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 with a written estimate of the cost to make necessary repairs.

· Services and parts outside the scope of this contract will not be authorized.

2.9 Additional Charges: There will be no additional charge for time spent at the site (during, or after the normal hours of coverage) awaiting the arrival of additional FSE and/or delivery of parts.

3.0 Hours of Coverage:

· Normal hours of coverage are Monday through Friday from 08:00 AM to 05:00 PM, excluding federal holidays. All service/repairs will be performed during normal hours of coverage unless requested or approved by the Contracting Officer’s Representative (COR).

· Preventive maintenance will be performed in accordance with manufacturer's recommendations. Preventive maintenance will be performed during normal hours of coverage or as agreed to by user and the COR.

· NOTE: Hardware/software update/upgrade installations will be scheduled and performed outside normal hours of coverage at no additional charge to the Government (unless it would be detrimental to equipment up-time; to be determined by the COR or designated representatives. Government provides software/hardware upgrade/update. There shall be no additional charge for time spent at the site during or after the normal hours of coverage awaiting the arrival of additional FSE and/or delivery of parts.

3.1 Federal Holidays: New Years' Day, Martin Luther King Day, Presidents' Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day

4.0 RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes VHA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The 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, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.

9. The 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 from public disclosure by an exemption to the Freedom of Information Act.

10. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

** VHA training for contractors is available in Talent Management System (TMS):

Records Management for Records Officers and Liaisons, Item #3873736

D. Flow down of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms, and requirements, including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

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