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 Center at 950 Campbell Ave, West Haven CT 06516-2770 is seeking preventative and corrective maintenance on their Bruker Maldi Biotyper Units. 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 Manasés Cabrera, Contracting Specialist with the responses or questions regarding this requirement at
[email protected]. No telephone calls please. This notice will close on March 8, 2023, at 4:30 PM Eastern Standard Time (EST) Performance Work Statement BRUKER- MALDI Service Agreement 1.0 General: This is a non-personnel services contract to provide Preventative and Corrective Maintenance and Emergency Services on the Bruker Maldi Biotyper System(s), used within the Lab Service, VACT. The Government shall not exercise any supervision or control over 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 personnel, parts and labor for repairs and annual preventive maintenance visits. 1.2 Background: The West Haven VMAC is seeking preventative and corrective maintenance on their Bruker Maldi Biotyper Units. Included in this agreement are the services listed above and any specifics agreed upon by VACT and the vendor. Objectives: By signing and returning this document, the Customer hereby agrees to be bound by the attached Product Support Agreement Terms and Conditions for the service contract described above. When ordering, please verify that the serial numbers (S/N) shown match the numbers listed on your facility's equipment Product Support Agreement shall include all costs including labor, travel time, expenses and parts. If emergency repair services are requested by Customer, Bruker will use reasonable best efforts to respond within 48 hours of receipt of the request and, if possible, will make arrangements for a service technician to arrive at the Customer's facility within that time. Repairs will be executed during normal working hours (8:00 a.m. to 5:00 p.m.), Monday through Friday. Bruker retains the right to determine if the repairs are covered under the PSA (including travel and labor) and whether they shall be deemed an emergency Bruker will not provide service and support, at its discretion, 3rd party software or systems. 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 at time of service. All defective parts replaced become the property of the contractor. 1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows: Base Year: 04/20/2023 04/19/2024 LabScape Complete 48 MALDI Biotyper SN:2699.00459 (Base Yr Only) 04/20/2023-04/19/2024 LabScape Complete 24 MALDI Biotyper SN:860346403644 Option Years: 04/2024-04/2028 1.5.1 Frequency of Performance: Preventive Maintenance should occur in intervals in accordance to the OEMs recommendations. 1.6 Place of Performance: The work to be performed under this requirement will be performed at the following locations: VAMC West Haven, CT 950 Campbell Ave, West Haven, CT 06516 1.7 Equipment List: Model No. Serial Number LabScape Complete 24 MALDI Biotyper 860346403644 LabScape Complete 48 MALDI Biotyper 269944.00459 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. The following standard items relate to records generated in executing the contract and should be included in a typical procurement contract: The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information 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. The following standard items relate to records generated in executing the contract and should be included in a typical procurement contract: 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. 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. 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. 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. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract. The Government Agency owns the rights to all data/records produced as part of this contract. 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. 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.]. 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. 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. Contactor policies and procedures shall comply with all VA Privacy & Security, the Privacy Act and Health Insurance Portability and Accountability Act (HIPAA). 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. 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: (TASKS) 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 48 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: (TASKS) 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: a. Unlimited onsite emergency service visits. b. Onsite response of one (1) business day: Monday-Saturday 8:30 AM-5:00 PM. c. Spare parts, labor & travel. d. One Planned Maintenance (PM) visit with complete inspection of listed instrumentation. Service (work) includes labor, travel, a PM kit, complete inspection of the instrument with cleaning. Includes one additional PM or cleaning if necessary and diagnosed by a Bruker remote support engineer. e. Wear & tear parts (e.g. lasers, detectors, tubes, pumps). f. Requalification (IQ/OQ/PV). g. High Priority Remote Support during normal business hours. This includes call back within 1 hour during business hours, 2 hours after hours, unlimited phone calls and unlimited remote desktop support or unlimited augmented reality support (virtual engineer). Extended technical support hotline is available from 5:00 PM to 12:00 AM weekdays and 9:00 AM to 9:00 PM on weekends and holidays. h. Compass and Data Analysis software updates and upgrades, library updates. Bruker proprietary software only. i. PC, Monitor, Printer and UPS coverage with full replacement if required. j. Loaner Instrument available in the event of prolonged down time. 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. The following PM scheduled should be adhered to unless a mutually agreed upon date is arranged by both parties: DAL09272 LabScape Complete 48 MALDI Biotyper S/N: 269944.00459 3/2024 DAL09271 LabScape Complete 24 MALDI Biotyper S/N:860346403644 3/2024, 3/2025,3/2026,3/2027,3/2028 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. 2.4 Documentation/Reports: Upon completion of the service, work performed will be documented on the service report 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 FSE who performed services. VA purchase order number(s) covering the call if outside normal working hours. Description of problem reported authorized VACT representative. 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. "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 the Section B schedule. 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. The FSEs shall be authorized by the Contractor to perform the maintenance services. All work shall be performed by "Fully Qualified" competent FSEs. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model the Contractor services at the VAMC. The CO may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any VAMC equipment. The CO specifically reserves 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 an authorized representative of VACT. 3.1 Federal Holidays: New Years' Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day