06-SOW_Updated.pdf

SCOPE OF WORK

Service & Support on Hologic Imaging Systems – Great Plains Area Indian Health Service

C-1 PURPOSE:

The purpose of this contract is to provide a comprehensive service and support agreement for various imaging equipment manufactured by Hologic located at multiple facilities within the region served by the Great Plains Area Indian Health Service (SD,ND,IA,NE). The award of a contract will be a firm-fixed price type.

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/ Preventive Maintenance: The service to be performed by the contractor under this contract and for the bid price shall include ALL parts, labor, tools, equipment, literature, transportation, per diem necessary to provide complete calibration/preventive maintenance and mechanical/electrical safety testing as recommended by the original equipment manufacturer (OEM) and required by the Center for Medicare and Medicaid Services and various accrediting bodies. Only new or original equipment manufacturer (OEM) certified replacement parts will be used for replacement of any component found defective.

The Contractor shall submit, upon issuance of the contract, a schedule showing the dates of future/scheduled services per the OEM recommended and/or statutorily required intervals. This schedule will comply with the interval/time definitions of TJC Environment of Care accreditation standards.

All services are to be performed within the windows prescribed by CMS, TJC, DNV-GL and other accrediting entities:

• Quarterly: once every three months +/- 10 days

• Semi-annual: 6 months from the last scheduled event month +/- 20 days

• Annual: 12 months from the last scheduled event month +/- 30 days

Unscheduled Maintenance and parts: Unscheduled maintenance, repair, emergency call back, recall, modification, breakdown repair is covered under this contract, except as specifically listed under C-4 Exclusions. Contractor will provide at no additional cost to the Government all parts, labor, tools, equipment, literature, transportation and per diem necessary to provide complete repair of all unscheduled maintenance requirements. Only new or original equipment manufacturer (OEM) certified replacement parts will be used for replacement of any component found defective.

Glassware: Glassware coverage, to include x-ray tubes, detectors, and other parts typically associated with, or commonly referred to as ‘glassware’ will be covered on a non-prorated basis.

Removal: At no time shall the contractor remove, or cause to be removed, any device, operation option, or accessory from the healthcare clinic, hospital, or health station without express written consent from the Contracting Officer Representative or Clinical Engineering.

Hours of Performance:

Unless otherwise stated, or negotiated, work shall be performed Monday through Friday, 8am to 5 pm excluding weekends and holidays.

C-3 EQUIPMENT:

All equipment that is part of the system shall be covered to include associated workstations (SecurView, Techmate, CAD):

SEE ATTACHED EQUIPMENT LISTING – Contractor is expected to contact each facility to verify/validate list

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 notify the COR.

The following are specifically excluded from this contract:

• Operating supplies or accessories not furnished by Contractor during the course of normal Preventive Maintenance Inspection and 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 provide all inspection forms and labels necessary to perform services as specified.

Preventive Maintenance must be a checklist showing the OEM’s recommended checks, that they were performed, and the results of the checks, the date next due, and the recommended interval(s)

The Contractor is required to present the service tickets/calibration record with the P.O. number of the service contract on them for each time a service is performed on the equipment, including PM’s. These service tickets shall not take the place of the PM checklist. Lack of service tickets being presented will be cause for non-payment by the Government. One copy of the service ticket (together with the PM checklist) shall be left with the Department Supervisor and one copy (together with the PM checklist) shall be provided to the COR within one week of the service. Service tickets may be submitted via email to abr_oehbiomed@ihs.gov (note there is an underscore between abr and oeh (abr_oeh)).

C-6 QUALITY CONTROL:

The Government reserves the right to review and verify the contractor’s work.

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

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 via the Invoice Processing Platform (IPP) 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.

C-8 LIABILITY:

In no event shall the Government release the Contractor from liability arising from acts of omission, improper repair, negligence, or deliberate or non-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 call back 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.

mailto:abr_oehbiomed@ihs.gov

C-12 SECURITY/ PRIVACY

CONFIDENTIAL INFORMATION

(a) Confidential Information, as used in this clause, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.

(b) Specific information or categories of information that the Government will furnish to the Contractor, or that the Contractor is expected to generate, which are confidential may be identified elsewhere in this contract. The Contracting Officer may modify this contract to identify Confidential Information from time to time during performance.

(c) Confidential Information or records shall not be disclosed by the Contractor until:

(1) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, to which an agency response may be appropriate to protect the public interest or that of the agency.

(2) For information provided by or on behalf of the government,

(i) The publication or dissemination of the following types of information are restricted under this contract:

Patient Identifiable PHI/ PII, Networking Infrastructure

(ii) The reason(s) for restricting the types of information identified in subparagraph (i) is/are: To protect records related solely to the internal personnel rules and practices of an agency.

(iii) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to disseminate or publish information identified in subparagraph (2)(i). The contractor shall not disseminate or publish such information without the written consent of the Contracting Officer.

(d) Whenever the Contractor is uncertain with regard to the confidentiality of or a property interest in information under this contract, the Contractor should consult with the Contracting Officer prior to any release, disclosure, dissemination, or publication.

C-13 INDEMNIFICATION, LIABILITY, STATUTE OF LIMITATIONS

Any provisions in the TOS related to indemnification and filing deadlines are hereby waived, and shall not apply except to the extent expressly authorized by law. Liability for any breach of the TOS as modified by this Amendment, or any claim arising from the TOS as modified by this Amendment, shall be determined under the Federal Tort Claims Act, or other governing federal authority. Federal Statute of Limitations provisions shall apply to any breach or claim.

C-14 GOVERNING LAW

Any arbitration, mediation or similar dispute resolution provision in the TOS is hereby deleted. The TOS and this Amendment shall be governed by and interpreted and enforced in accordance with the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of the State of [Company to insert name of state if one is mentioned in its TOS] (excluding [Company's state] choice of law rules) will apply in the absence of applicable federal law.

C-15 AUTHORITY

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

1.2. 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.

1.3. 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:

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

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

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

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

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

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