Intent To Sole Source PTSD: Histoscore Spectra Preventative services

NOTICE OF THE INTENT TO SOLE SOURCE TO Leica Microsystems Inc.., 1700 LEIDER LN,
BUFFALO GROVE IL 60089. Response Due Date: October 11, 2024, by 09:00AM (EST) NOTICE
OF THE INTENT TO SOLE SOURCE SYNOPSIS Network Contract Office 1, Procurement
Office East on behalf of The Department of Veterans Affairs, Boston VA Medical Center intends to
award a firm-fixed contract with three options to Leica Microsystems Inc., to provide preventative
maintenance and service as needed on the existing Spectra Workstation. The proposed
procurement is for services for which the Government intends to solicit and negotiate with only one
source under the authority of FAR 6.302-1 -- Only One Responsible Source and No Other Supplies
or Services Will Satisfy Agency Requirements. 41 U.S.C. 3304(a)(1). The North American Industry
Classification System code (NAICS) for this requirement is 334516. All responsible sources that feel
they should be considered qualified to provide the above-mentioned products may submit a
response to this notice (by the response due date shown above) to Ophelia.Wilson@va.gov. The
information provided shall include detailed (and relevant) documentation to allow the government
to perform adequate market research and make a proper determination. A determination by the
government not to compete this proposed requirement based upon responses to this notice is solely
within the discretion of the Government. Information received will be considered solely for the
purpose of determining whether to conduct a competitive procurement. THIS IS NOT A
REQUEST FOR COMPETITIVE PROPOSALS. THERE IS NO SOLICITATION AVAILABLE
AT THIS TIME. REQUESTS FOR A SOLICITATION WILL NOT RECEIVE A RESPONSE.
A. GENERAL GUIDANCE
1. Title of Project: Leica Spectra Service
Transaction Number: TBD
2. Scope of Work: Leica will provide preventative maintenance and service as needed on the existing
Spectra Workstation in the PTSD Brain Bank lab. The service contract ensures that the investment in the
Leica system is fully functional and provides reliable and consistent data for PTSD research. The service
contract benefits include emergency repair services as required, labor, travel, replacement parts, and 1
annual planned maintenance inspection. The Leica system is used to automatically stain, and dry fresh
tissue slides for tissue processing.
3. Background: The Leica Spectra was purchased by the PTSDBB in 2022. The system is used often in
the PTSD BB lab and requires preventative maintenance and service to remain functional and provide
reliable data.
4. Performance Period: The contract will cover five years of service, from 12/14/2024 to 12/13/2029.
5. Type of Contract: This is a firm fixed price service contract.
B. CONTRACT AWARD MEETING
No “kick-off” meeting will be required.
C. GENERAL REQUIREMENTS
Leica will provide preventative service per the quote as described.
D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES
- Annual preventative maintenance visits
- Phone/remote support
- Service engineer visits when needed
E. EVALUATED OPTIONAL FEATURES
N/A
F. SCHEDULE FOR DELIVERABLES
Preventative maintenance will be performed annually, and other service visits will be completed as
needed.
G. CHANGES TO THE STATEMENT OF WORK
Changes to the SOW must be approved by Dr. Alvarez (investigator), Olivia
DeJoie (COR), and the Contracting Officer.
H. REPORTING REQUIREMENTS
N/A
I. TRAVEL
Leica personnel will travel to the Jamaica Plain facility to perform preventative maintenance and other
services as needed.
J. GOVERNMENT RESPONSIBILITIES
N/A
K. CONTRACTOR EXPERIENCE REQUIREMENTS
Qualifications of Key Personnel Dr. Victor Alvarez at the PTSD Brain Bank will continue to oversee use
and function of the Spectra.
L. CONFIDENTIALITY AND NONDISCLOSURE
Leica shall comply with all rules and regulations regarding this order.
CONTRACTOR PERSONNEL SECURITY REQUIREMENTS
Contractor personnel will be badged and escorted when on site for maintenance. There is no involvement
of PHI or sensitive information, and the system is not connected to the VA network or contractor-owned
IT devices.
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):
0 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.