J065--Endoscopic equipment support Intent to Sole Source

The Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) in North Chicago Il intends to negotiate a sole source contract with KARL STORZ ENDOSCOPY AMER INC 2151 E GRAND AVENUE EL SEGUNDO CA 90245-5017 to ensures the maintenance and repair of the endoscopes, instrumentation, electromechanical devices and video equipment. This contract will be for a firm fixed price contract. This procurement is being conducted in accordance with FAR 6.302-1, Only One Responsible Source and no other supplies or services will satisfy the agency requirements. The contract will be firm fixed price and the NAICS code is 334510 This Notice of Intent is not a request for competitive proposals. No solicitation documents are available and telephone requests will not be honored. However, if a firm believes it can meet the requirements it must furnish information about its products, services and capabilities as well as references from other customers who are using these products and services provide service for the maintenance and repair of the endoscopes, instrumentation, electromechanical devices and video equipment located at the Captain James A Lovell FHCC 3001 Green Bay Rd North Chicago Il 60064 to the contracting officer NLT 11:00AM CST, 4 April 2022. Supporting evidence must be submitted in sufficient detail to demonstrate the ability to comply with the above requirements and attached Statement of Work, to include access to OEM parts for repairs. Information must be sent to: Antaeus Gayles Great Lakes Acquisition Center Southern Tier 3001 Green Bay Road Building 1, Room 326 North Chicago, IL 60064-3048 Or via fax to +1 (555) 000-0000, or via email response to contact@example.gov. Responses received will be evaluated; however a determination by the Government to not compete the proposed procurement based upon responses to this notice is solely within the discretion of the Government. If no responses are received, the GLAC will proceed with the sole source negotiation with KARL STORZ ENDOSCOPY AMER INC STATEMENT OF WORK Background FHCC is requesting an on-site Endoscopic Specialist (OES) which is a dedicated, full-time resource, providing daily face-to-face support in the perioperative space. On-Site Endoscopic Specialists at Customer's facility to perform certain duties with respect to its KARL STORZ branded endoscopes, instrumentation, electromechanical devices and video equipment. Scope/Tasks 1) The OES keeps equipment functioning like new and provides expert troubleshooting, education, and problem prevention. . KARL STORZ Obligations. (a) Provision of On-Site Support Services. KARL STORZ shall, commencing as soon as possible following the date of execution of this Agreement by both parties, make available to Customer the services of the number of On-Site Endoscopic Specialists (each, an OES ) set on Exhibit A. (b) OES Recruiting, Training and Supplies. (1) KARL STORZ will recruit, select and hire each OES. (2) Prior to being placed at the Customer's facility, each OES will have successfully completed KARL STORZ's OES training program, including, but not limited to, the following: Blood Borne Pathogens, OR Protocol, KARL STORZ product training, Inspection and Repair, Care and handling of surgical instruments, Video and OR1 diagnostics. (3) Each OES will be supplied with a cell phone/PDA, a laptop computer and tools for performing repairs. (c) OES Employment Relationship. The OES shall at all time during the term of this Agreement, be an employee of KARL STORZ and shall not, for any purposes, be considered an employee of Customer. KARL STORZ shall be solely responsible for the provision of any employment benefits for the OES and for the payment of all federal, state and local taxes imposed upon or with respect to all payments to be made to the OES during the term of this Agreement. (d) Conduct of OES. While on the premises of, and while working at Customer s facilities, the OES shall be subject to Customer s standards, procedures and policies as they apply to Customer employees (as communicated by Customer to KARL STORZ). FHCC Obligations. The FHCC shall designate one individual who will be the point of contact for the OES and KARL STORZ Service Manager. In addition to meeting with the KARL STORZ Service Manager to perform the Scope of Service Assessment, the OES and Designee shall mutually agree upon the days and hours the OES will provide services in order to best meet the Customer s needs so long as it is within the parameters of this Agreement. The Customer hereby appoints the individual identified below as the Designee: TBA Scope of Service Assessment. Within five (5) business days following the end of the initial three (3) months of the Service Term, the KARL STORZ Service Manager and Designee shall meet to review the Scope of Service to assess the ongoing and anticipated needs of the Customer and to review the OES s performance. Depending on the results of such meeting, both parties shall put forward good faith efforts to resolve any issues in a prompt manner and/or amend the scope of service to more accurately reflect the evolving and ongoing services of the OES. Thereafter, the KARL STORZ Service Manager and Designee shall continue to meet on a quarterly basis for the same purposes. Should both parties fail to agree on modification to the Scope of Services as a result of the Initial and Quarterly Scope of Service Assessment Meetings either party may terminate this Agreement. Type of Contract: Firm Fix Price Contract Location: Sterile Processing Department 3001 GreenBay Rd North Chicago, IL 60064 Building 133CA Records Management language for Contracts When Federal agencies acquire goods or services, they need to determine what Federal records management requirements should be included in the contract. Federal contractors often create, send, or receive Federal records. Federal contracts should provide clear legal obligations describing how the contract employees must handle Federal records. Agency records officers, procurement counsel, and acquisitions officers must discuss how to integrate records management obligations into their existing procurement processes. NARA has developed the following language to be included as an agency-specific term and condition in Federal contracts for a variety of services and products. The majority of contracts should include language on records management obligations, but each contract should be evaluated individually. For example, the data-rights paragraph (Paragraph 10 below) may not be appropriate for all contracts. Instead, agencies may be better served by one of the established data-rights clauses in the Federal Acquisition Regulations. This language should not replace specific records management requirements included within Federal information system contracts. 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 [Agency] records. 2. does not include personal materials. 3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] 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, 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. [Agency] 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 [Agency] or destroyed except for 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, Contractor must report to [Agency]. 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 [Agency] 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 [Agency] 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 [Agency] policy. 8. The Contractor shall not create or maintain any records containing any non-public [Agency] information that are 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 [Agency] 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 [Agency] 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 [Agency]-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. [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown 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. VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors 1. Contractor employees who work in or travel to VHA locations must comply with the following: a. Documentation requirements: 1) If fully vaccinated, shall show proof of vaccination. i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination. 2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor s order or an FDA approved over-the-counter test. 3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel. 4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information. 2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates. a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information. 3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.