06-SOW-TMDE_Cals_Updated.pdf

SCOPE OF WORK:

Test, Measurement and Diagnostic Equipment (TMDE) Calibration Services

C-1 PURPOSE:

The purpose of this award is for calibration service, performance test, and/or repair service for the various Test, Measurement, and Diagnostic Equipment (TMDE) owned and operated by the Great Plains Area Indian Health Service, from various manufacturers including Datrend Systems Inc., various Fluke divisions, including Fluke Biomedical, Fluke Electronics, and

Fluke Networks, as well as others.

C-2 SCOPE OF WORK:

Contractor shall provide to the Great Plains Area Indian Health Service, hereafter referred to as the Government, with the services described in this statement of work for the period specified.

Calibration Service: The service to be performed by the contractor under this contract and for the bid price shall include ALL labor, tools, equipment, literature, transportation, and return shipping costs necessary to provide complete calibration service as recommended by the original equipment manufacturer (OEM). If any firmware/software update is available at the time the equipment is received for service, contractor will apply such firmware/software update to the item as part of its calibration service. Only new or original equipment manufacturer (OEM) certified replacement parts will be used for replacement of any component found defective.

The contractor will be notified, in advance, of the location(s) and date(s), and the contractor shall provide an updated cost estimate to account for any variations in transportation costs, equipment (TMDE) changes, etc.

If the equipment fails calibration service, the Government may be charged a diagnostic fee to determine if repairs are needed.

Contractor will notify the Government if repairs are needed, and if the Government authorizes the repair work, contractor will charge the Government the Calibration and Repair price set forth in the preliminary pricing proposal and waive the diagnostic fee. If the Government elects not to repair the item, then contractor will invoice the Government for the diagnostic fee and return the uncalibrated/unrepaired item to the Government.

Service/Repair Request: In the event that an item of TMDE requires repairs, or calibration/preventive maintenance outside of the scheduled annual calibration, the Government will contact the contractor to obtain a Service Return Authorization (SRA) for each shipment of TMDE that requires service. Upon receipt of the SRA, the Government will review the SRA to confirm the item/serial number is correct, sign the SRA, and return signed SRA with the equipment and a Purchase or Credit Card order for the service or repair. Contractor will notify the Government if repairs are needed, and if the Government authorizes the repair work, the appropriate repairs will be completed along with any calibrations required in conjunction with the repair. If the Government elects not to repair the item, then contractor will invoice the Government for the diagnostic fee and return the uncalibrated/unrepaired item to the Government

Unsupported/Unrepairable:

Any device that is deemed to be no longer supported or not economically repairable shall be reported to the Contracting Officer

Representative (COR) via email, or other method, to determine the course of action to be taken by the Contractor. The actions that could be taken include, but are not limited to:

a) Return the device in an uncalibrated/unrepaired state

b) Perform the repair and subsequent calibration certification

Performance Period: The performance period for this contract is from date of award through 12/31/2024.

C-3 EQUIPMENT:

Test, Measurement, and Diagnostic Equipment (TMDE) located within Great Plains Area Indian Health Services

C-4 EXCLUSIONS:

Contractor is not responsible for damage caused by failure to operate the equipment in accordance with manufacturer’s instructions, abuse, misuse, or neglect, or damage by fire, lightning, flood, tornado, windstorm, hail, earthquake, explosion, smoke, aircraft accident, motor vehicle accident, collapse of building, strike, riot, vandalism, power failure or fluctuations, heating or air conditioning failure.

In the event that the Contractor determines that there is probable cause to believe that an operator or equipment user is abusing, neglecting, or mishandling an item of equipment, the Contractor shall be bound by the terms of this contract to notify, in writing, the Chief, Division of Clinical Engineering, 115 4th Ave SE Room 309, Aberdeen, SD 57401 all facts or specifics of said abuse.

The following are specifically excluded from this contract:

• Operating supplies or accessories not furnished by Contractor during the course of normal calibration and or/ repair services, such as expendable items including recording charts, paper, ink, pens, ribbons, pen arms, etc.

• Work external to the equipment or maintenance of accessories, alterations, attachments or other devices not specifically covered under this contract unless noted in writing.

• Equipment which has been modified, altered, added to, improperly repaired, improperly installed, or used in violation of the manufacturer’s instructions or damages resulting from other than ordinary use.

Any questions regarding the applicability of any or all determinations and/or findings that are subject to protest and/or disputes will be adjudicated by the Great Plains Area Indian Health Service Senior Contracting Officer.

C-5 DOCUMENTATION:

The Contractor shall document if each device was or was not within tolerance 'as received' from the Government before any firmware, software, or other updates are performed on the device. (ISO 9001 compliance)

The Contractor shall provide calibration certificate/documentation that each device is certified as being within tolerance when returned to the Government.

The Contractor shall document if any repair was completed on each device, and specify what components were replaced/repaired, and the full extent of the repair.

The Contactor shall document any updates, upgrades or configuration changes made due to manufacture service bulletins, product change notifications, etc. for each device.

The Contractor shall provide a Calibration Certificate traceable to national standards for all items.

C-6 QUALITY CONTROL and CONTRACTOR QUALIFICATIONS:

The Contractor shall be a certified/authorized factory servicer/distributor of TMDE from Datrend Systems, Inc.

The Contractor shall have a prior successful history in providing services that demonstrates and ability to provide these services to the Government.

The Contractor shall investigate all complaints or potential problems involving services performed that do not conform to

Government expectations.

C-7 BASIS OF PAYMENT:

All payments are due and payable upon receipt of complete and accurate invoices and in accordance with the Prompt Payment

Act. Invoices shall be submitted with all information and supporting documentation as described in C-5 Documentation. A complete and accurate invoice is substantially correct in that all aspects of the required information are clearly evident on the invoice. If items such as invoice number, date, dates of service, contract/purchase order number, etc., are not on the invoice, it will be returned to the Contractor for resubmission. The Prompt Payment Act Clause will be provided by the Contracting

Officer at the time of award and will further clarify the requirements. Finance charges for late payment of charges due to problems not of the Contractor’s making shall be paid according to the regulations and amount determined by the Great Plains

Area Indian Health Service Financial Management Branch. If the Government fails to pay an amount when properly due, the

Contractor has the option of suspending all services provided by this contract after providing a detailed explanation to the

Contracting Officer. The Contracting Officer is responsible for assuring that direct patient care is not compromised by frivolous or unlawful suspension of services. Disputes will be handled according to the Disputes Clause and shall not violate any rule or regulation or law.

C-8 LIABILITY:

In no event shall the Government release the Contractor from liability arising from improper repair, negligence, or deliberate acts that jeopardize the health and safety of patients and/or Government employees. The rules of law governing such incidents or actions shall prevail.

C-9 RELEASES:

No information, findings, or determinations generated in pursuit of this contract may be released outside of the contractors’ immediate possession without the concurrence of the Contracting Officer.

C-10 WARRANTY:

All contractor labor shall be warranted for 30 days from the date the work was performed. All parts and material sold/provided by the contractor for installation under this contract will be warranted for a minimum of 30 days. Warranty service shall be provided during the warranty period at no additional charge.

C-11 CONTRACTOR’S TERMS & CONDITIONS:

The contractor’s terms and conditions shall be incorporated into the contract by reference. Where conflicts arise, the Federal

Acquisition Regulations, and other Federal Regulations, Laws and Rules shall take precedence.

C-12 AUTHORITY:

1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

3.1 An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

3.2 A purported modification or change order issued by anyone other than the Contracting Officer;

3.3 A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

3.4 An order, direction, consent, or permission from anyone other than the Contracting Officer to:

3.4.1 Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

3.4.2 Expend hours in excess of a specified level of effort.