36C24124Q0753.docx

SUBJECT*

523-24-3-7821-0096 - Olympus nCARE Licenses only (VA-24-00089275)

GENERAL INFORMATION

VAMC Togus

1 VA Center Augusta ME 04330

POINT OF CONTACT*

Contract Specialist Fred Revah frederic.revah1@va.gov 207-623-8411

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

DESCRIPTION

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, VISN 1 Healthcare System, located at 1400 VFW Parkway, West Roxbury MA 02132 has a requirement for Digital Imaging and Communications in Medicine (DICOM) Vaultstream Interfaces and Content Management Licenses.

The Government intends to award a firm-fixed-price sole source contract to Olympus America Inc.

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 Fred Revah, Contracting Specialist with the responses or questions regarding this requirement at frederic.revah1@va.gov.

Special Notice Special Notice This notice will close on July 22nd, 2024 at 6:00 AM Eastern Standard Time (EST)

Special Notice

Scope of Work - Olympus nCare Licenses

Scope: This Statement of Work covers the addition of 4 DICOM licenses and 5 Vista Transfer licenses to new and existing nCare units.

Background: Olympus nCares are connected medical recorders that captures full-HD images and videos from up to two surgical devices simultaneously. nCare easily, reliably, and securely connects clinicians with the critical visual information they need at any time. These devices are utilized by ENT and Speech Pathology. Currently, only a select few devices can pull CPRS orders from the modality worklist and send exams directly to Vista Imaging. This contract would cover adding more devices to the worklist/DICOM transfer workflow. This is the ideal workflow for clinical staff as it reduces user errors and ensures the exams are received into CPRS.

General Requirement: Proposed upgrade devices must seamlessly replace current nCare machines and licenses must be compatible with new and current devices. These medical recorders are owned by the VA. The recorders themselves do not require a network connection. The software is already installed on all-in-one computers on designated carts in the clinic.

Vendor Services: Vendor shall be responsible for the following:

· Training and support of replacement devices (onsite)

· Configuration and validation of the DICOM and Vista interface licenses (offsite)

VABHS Responsibilities: VABHS shall be responsible for the following areas:

· Provide a single point of contact for project coordination.

· Responsible for ensuring that appropriate personnel are available during normal business hours.

· Responsible for providing electricity and network connectivity for all devices.

· Provide a stable infrastructure to support the project.

· Provide all necessary server access to support work activities throughout the project.

· Coordinate the availability and participation of key people within VA possessing the necessary business and technical knowledge.

· Provide accurate and detailed information related to VA current processes in a timely manner.

· Where Vendor identifies that it needs information with respect to products or services that are provided to VA by third parties, VA shall work with such third parties to ensure they provide the information Vendor needs in a timely manner.

· Obtain, if required, all third-party consents including any consents needed for Vendor to access relevant third-party software.

· Provide a technical resource for setup, testing and validation.

· Provide Vendor required remote access for installation, setup and configuration of nCare machines and licenses.

· Provide accurate and detailed information related to VABHS current processes in a timely manner.

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 VHA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VHA 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, the 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. VHA 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 VHA or destroyed except 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, the Contractor must report to VHA. 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 VHA 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 VHA 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 VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that is 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 VHA 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 VHA 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 VHA-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.

12. ** VHA training for contractors is available in Talent Management System (TMS):

13. Records Management for Records Officers and Liaisons, Item #3873736

D. Flow down 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.

See attached document: P03 SSJ - Vaultstream nCare License -CO Signed - Posted SAM -.