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Page 11 of 11 COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: 36C25021Q0173 Posted Date: November 20, 2020 Or... Page 11 of 11 COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: 36C25021Q0173 Posted Date: November 20, 2020 Original Response Date: November 27, 2020 @4PM Current Response Date: November 27, 2020 @4PM Product or Service Code: J065 Set Aside: None NAICS Code: 811219 Contracting Office Address Department of Veterans Affairs Network Contracting Office 10 Dayton VA Medical Center 3140 Governor s Place Blvd Suite 210 Kettering, OH 45428 Description 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; quotations are being requested, and a written solicitation document will not be issued. This Notice of Intent is provided to advise that the Government intends to solicit and negotiate a Single source, Firm-Fixed-Priced Purchase Order with only one source, Ameriwater, LLC. The procurement is for a maintenance and service agreement for a base plus four options years. The notification document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-01. This contract action is for services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 13.106-1(b)(1)(i), soliciting from a single source. Only one source is capable of responding due to the unique or specialized nature of the supplies and/or services. Interested persons may identify their interest and capability to respond to the requirement. This notice of intent is not a request for competitive proposals. All responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency. Any responses received will only be considered for the purposes of determining whether to conduct a competitive procurement in lieu of single source contract described in this notice, and such determination shall be made at the sole discretion of the Government. Supporting evidence must be furnished in sufficient detail to demonstrate the ability to comply with the requirement. If no responses are received, the government will proceed with the Single source acquisition. The Government will not pay for information submitted. Any quotation/response should be emailed to Chad Kemper at chad.kemper@va.gov by 16:00 PM EST. Friday November 27, 2020. The associated North American Industrial Classification System (NAICS) code for this procurement is 811219, with a small business size standard of $22 million. Statement of Work Deionized Water Preventative Service and Labor for Cincinnati VAMC Services to be Provided Services to be provided by contractor shall include furnishing preventive maintenance, parts, labor, service calls/emergency repairs, lodging, technical telephone assistance, expert supervision and all other allied costs required to maintain and repair the equipment listed below. All repairs and inspections shall be done in accordance with JCAHO, OEM and AAMI requirements. All defective components become the property of the contractor and shall be removed at contractor s expense. Service outside the scheduled preventative maintenance will be paid for in accordance with established contract rates not to exceed 24 hours at each labor rate (Normal, Scheduled After Hours, and Emergency After Hours). Parts outside the scheduled preventative maintenance will be paid for on a purchase order separate from the contract. SPS Water System Room A343 with Two 00HC-2046 Healthcare Systems Monthly Preventative Maintenance Service to include logging and evaluation of all operational conditions. A copy of the log will be sent to the COR after the service is performed to include: Checking the performance of the system. Changing the carbon block filters monthly and topping off the antiscalant tank as needed. The cost of the monthly replacement of the 4 RO carbon filters (part number 20-5102) will be included in the preventative maintenance cost. Refilling the antiscalant feed system and verifying the pump is primed each month to insure proper operation until next service. Keeping a stock of antiscalant on site and invoicing per the agreement price when the stock needs replenishment not to exceed 10 total orders of Antiscalant. Disinfecting the RO monthly with peracidin (part number 95-0006). The cost of the peracidin will be included in the preventative maintenance cost. This will be performed during non-operating hours on the weekend. Disinfecting the water system distribution loop monthly using ozone disinfection during non-operating hours on the weekend. VA Cincinnati will provide the required oxygen tank for disinfection. Ozone concentration in the water should be monitored (MRL) during each disinfection. Conducting endotoxin testing on samples pulled prior to the monthly disinfection from the RO product and pre and post distribution loop. Endotoxin testing pricing is not included in the preventative maintenance cost and will be invoiced per the agreement price (not to exceed 50 total tests) and results will be sent to the COR. Making minor adjustments on an as needed basis during the service to ensure proper operation of the system. Adjustments will be noted on the PM log to be sent to the COR. DI Tank exchange to include: Providing (2) Model DI-454844E Ultra-pure mixbed deionizer exchange tanks in a worker/polisher arrangement PER SYSTEM (2). One tank will be rotated on each system when exchanged as needed or automatically every three months. Not to exceed 8 total tank exchanges. Emergency exchange tank delivery on weekends or holidays will be invoiced for tanks plus emergency after hour service rate according to the agreement price not to exceed 24 hours of Emergency Labor and 8 total tank exchanges. Any other repairs will be invoiced on a time and materials basis and must be sent to Cincinnati VAMC for approval prior to the work being completed. Service outside the scheduled preventative maintenance will be paid for in accordance with established contract rates not to exceed 24 hours at each labor rate (Normal, Scheduled After Hours, and Emergency After Hours). Parts outside the scheduled preventative maintenance will be paid for on a purchase order separate from the contract. Location and Period of Performance All equipment is located at the VA Medical Center, 3200 Vine St, Cincinnati, OH 45220. SPS Water System Room A343. Base Year: 12/1/2020-11/30/2021 Option Year 1: 12/1/2021-11/30/2022 Option Year 2: 12/1/2022-11/30/2023 Option Year 3: 12/1/2023-11/30/2024 Option Year 4: 12/1/2024-11/30/2025 Hours of Operation for Repair Normal business hours 8:00AM 5:00PM Monday thru Friday Outside normal business hours 5:00pm 8:00AM, weekends, and holidays SPECIAL CONTRACT REQUIREMENTS 1. CONTRACT ADMINISTRATION DATA: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. Only the Contracting Officer is authorized to make commitments or issue changes which shall affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been make without authority and no adjustment shall be made in the contract price to cover any increase in costs incurred as a result thereof. 2. JCAHO, VHA (VETERANS HEALTH ADMINISTRATION) AND OTHER STANDARDS: The contractor must perform the required work in accordance with Joint Commission on Accreditation of Health Care Organizations (JCAHO) standards and Association for the Advancement of Medical Instrumentation (AAMI). The contractor must comply with all annual updates as issued. Contractor agrees to maintain the minimum acceptable service, reporting systems and quality control as specified herein. Failure to comply with specified terms and conditions and/or adverse reports from external monitoring agencies that indicate poor quality may be grounds for termination of the contract. Immediate (within 24 hours) notification must be given to the VA COTR regarding adverse action by a regulatory agency. The services specified in the Schedule of Services may be changed by written modification to this contract with mutual written consent of both parties. VA Contracting Officer will prepare the modification. The contractor shall furnish the services specified in the Schedule of Services to this contract to VA when authorized by VA Medical Director or designee. 3. ADMINISTRATIVE REQUIREMENTS FOR CONTRACTOR EMPLOYEE COMPETENCIES: The Contractor will be responsible to ensure that Contractor employees providing work on this contract are fully trained and completely competent to perform the required work. The Contractor is required to maintain records that document competence/performance level of Contractor employees working on this contract in accordance with JCAHO and other regulatory body requirements. Notwithstanding other contract requirements, upon request of the Contracting Officer, the Contractor will remove from the work site, any Contractor employee who does not comply with or meet competency requirements for the work being performed. When changes in Contractor personnel occur, the Contractor must provide evidence of the current competence assessment and current performance evaluation. 4. QUALIFICATIONS: Offers will be considered only from offerors who are regularly established in the business called for and who, in the judgment of the Contracting Officer, are financially responsible and able to show evidence of their responsibility, ability, experience, equipment, facilities, and personnel directly employed or supervised by them to render prompt and satisfactory service in the volume required for all items under this contract by the signing of this offer, offeror is certifying that he/she shall meet all requirements of Federal, State, or local laws, codes, and/or regulations regarding the operation of this type of service. a. Personnel Policy: The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract, in accordance with the personnel policy of the Contractor, such as providing worker s compensation, professional liability insurance, health examinations, income tax withholding, and social security payments. The parties agree that the contractor, its employees, agents, and subcontractors shall not be considered VA employees for any purpose. POLICIES AND PROCEDURES The contractor shall conform to all issues addressed in the VA Medical Staff By-laws and the VA Medical Center Memorandums pertaining to delivery of services. WORK HOURS The services covered by the contract shall be furnished by the contractor as defined herein: At a minimum, the Contractor will provide services through monthly scheduled visits, Monday through Friday from 8:00 a.m. through 4:30 p.m. VA observes the ten (10) Federal holidays listed below. New Year s Day Labor Day Martin Luther King s Birthday Columbus Day President s Day Veteran s Day Memorial Day Thanksgiving Day July 4th Christmas Day It should be noted that if a holiday falls on Saturday, it is observed on Friday. If a holiday falls on Sunday, it is observed on Monday. PAYMENTS AND INVOICING a. Contractor to be paid monthly in arrears. Payment shall be considered payment in full. b. VA will review the invoice against its record and notify the contractor of discrepancies. Upon the resolution the VA will approve the invoice and make payment to the contractor. EMERGENCY SERVICE VISITS The Cincinnati Veteran s Affairs Medical Center (CVAMC) will provide first-call screening to determine if there is a legitimate equipment problem. Upon determination, the CVAMC will contact the Contractor to arrange a service call. The contractor shall respond by telephone within two hours and shall arrive at the Medical Center within twenty-four hours to service the equipment. The contractor shall perform all work necessary to assure that the equipment meets or exceeds manufacturer s specifications. PREVENTIVE MAINTENANCE INSPECTIONS Preventative Maintenance Service (PMS s) shall be performed monthly per original equipment and scheduled at a mutually agreed upon time. COMPETENCY OF PERSONNEL All work shall be performed by competent technicians, experienced and qualified to work on the equipment listed. All personnel servicing this equipment must have had formal training. Offeror s shall submit with their technician proposal, the names and experience of the primary/back-up personnel who will perform work under this contract. Any substitution of service personnel must have prior approval of the Contracting Officer except in emergencies where retroactive approval can be sought. All work performed shall be in accordance with commercial practices and the equipment manufacturer s specifications. DOCUMENTATION For all service visits, the Contractor shall furnish a service report describing the malfunction and all work and materials required to correct the problem. ACCEPTANCE OF WORK Completion of all work is subject to the approval of both the Clinical Service Chief/designee and/or the Biomedical Engineering Section personnel. Repair, damage or malfunctions caused by physical damage, power failure accidents, negligence, misuse or abuse, weather conditions or any other factor not associated with the reasonable and normal use of the equipment or originating outside of the equipment is not required of the contractor. During the period in which this agreement is in effect, no personnel other than employees of the contractor or CVAMC Biomedical Engineering Section shall perform service or maintenance on the equipment unless specifically authorized by the Contractor. CONDITION OF EQUIPMENT The Contractor accepts responsibility for the equipment described 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. QUALIFICATIONS OF BIDDERS Proposals will be considered only from offeror s who are regularly established in the business called for and who in the judgment of the Contracting Officer are financially responsible and able to show evidence of their reliability, ability, experience, equipment, facilities, and personnel directly employed or supervised by them to render prompt and satisfactory service as called for under this proposal. Offeror shall submit a technical proposal, which will primarily determine the qualifications and capability of the offeror to participate in this contract. The technical proposal should be specific, complete and provide sufficient information to demonstrate the offeror s capacity to satisfactorily perform the tasks outlined in the solicitation. SAFETY REQUIREMENTS In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer or his/her designee may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contracting Officer or his/her designee will notify the contractor of and noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when serviced, on the contractor or his representative at the site of the work, shall be deemed sufficient for the appropriate action. If the contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work and hold the Contractor in default. REPRESENTATIVES OF THE CONTRACTING OFFICER The Chief of the Renal Section or designee of the Medical Service have been designated as the point of contact and are authorized to place calls for service that will not conflict with or change the contract requirements. PARTS Only new standard parts (manufactured by the maker of the equipment or equal thereto) shall be furnished by the Contractor. All parts shall be of current manufacturer and shall have full versatility with presently installed equipment. The equipment shall not be modified to accommodate non-standard replacement parts or components. Contractors who choose to ship or store supplies, consumables or parts for use in conjunction with this contract do so at their own risk. The VAMC will not be responsible for the loss, theft, or damage of the items. Contractor must possess and have access to all applicable technical service manuals for the diagnosis and repair of the equipment identified. Provisions and Clauses The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions Commercial Items (OCT 2018) FAR 52.204-13, System for Award Management Maintenance (OCT 2018) FAR 52.204-18, Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.217-8, Option to Extend Services (NOV 1999) FAR 52.217-9, Option to Extend the Term of the Contract (MAR 2000) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION AUG 2020) VAAR 852.203-70, Commercial Advertising (MAY 2008) VAAR 852.219-75, Subcontracting Commitments Monitoring and Compliance (JUL 2018) (DEVIATION) VAAR 852.232-72, Electronic Submission of Payment Requests (NOV 2018) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (AUG 2018) The following subparagraphs of FAR 52.212-5 are applicable: (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E. Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78) (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: FAR 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (OCT 2018) FAR 52.209-6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) FAR 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644)(DEVIATION 2019-01). FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126). FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015) FAR 52.222-26, Equal Opportunity (SEPT 2016) FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) FAR 52.222-50, Combating Trafficking in Persons (MAR 2015) FAR 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) FAR 52.232-33, Payment by Electronic Funds Transfer System for Award Management (JUL 2013) (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: N/A (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, or the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015) (vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67). (xii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C. chapter 67). (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) (41 U.S.C. chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note) (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Items (AUG 2018) FAR 52.204-7, System for Award Management (OCT 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.212-2, Evaluation Commercial Items (OCT 2014) FAR 52.212-3, Offerors Representations and Certifications Commercial Items (AUG 2018) 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. Any vendors interested in submitting a capabilities statement shall submit the following: One electronic copy capability statement to include list of qualifications Supporting evidence in sufficient detail to demonstrate the ability to comply with the requirement All information shall be sent electronically to Chad Kemper at chad.kemper@va.gov