36C24423Q0933.docx

Special Notice Special Notice

GENERAL INFORMATION

Network Contracting Office 4 Lebanon VA Medical Center 1700 S. Lincoln Avenue

POINT OF CONTACT*

Stephanie McFadden, Contract Specialist stephanie.mcfadden@va.gov

ADDITIONAL INFORMATION

AGENCY’S URL

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AGENCY CONTACT’S EMAIL ADDRESS

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DESCRIPTION

NOTICE OF INTENT TO AWARD SOLE SOURCE: Department of Veterans Affairs (VA) Regional Procurement Office East (RPOE), Network Contracting Office 4 (NCO 4) intends to award a sole source contract pursuant to FAR 13.106-1(b) with EndoSoft, A Division of UTECH Products, Inc., located at 153 Broadway, Schenectady, NY 12305.

The Lebanon VA Medical Center requires EndoSoft/EndoVault software licensing, updates, upgrades, patch notifications, and software support for the EndoSoft system. The period of performance will commence September 1, 2023 through August 31, 2024, with four one-year option periods.

THIS NOTICE IS NOT A REQUEST FOR COMPETITIVE QUOTES; however, any responsible firm that believes it can meet the requirements may give written notification and capability statements prior to the response due date and time. Vendors shall indicate if they are the direct supplier of the items. Supporting evidence must be furnished in sufficient detail to demonstrate the ability to perform the requirements and must include relevant corporate experience along with the applicable contract number, total contract dollar amount, contract period of performance, details of the relevant services and customer point of contact with corresponding telephone number and email address.

Responses must include following information:

1. Company Name

2. SAM UEI number

3. Company’s address

4. Point of Contact information (title, phone number and email address)

5. Business size.

Responses received will be evaluated; however, a determination by the Government not to compete the proposed procurement based on responses to this notice is solely within the discretion of the Government. Information provided will not be returned.

Responses are due by Tuesday, June 27, 2023 at 1:00 PM (ET). No submissions will be accepted after this date and time. Responses shall be submitted via email only to stephanie.mcfadden@va.gov.

The NAICS code for this acquisition is 811210, Electronic and Precision Equipment Repair and Maintenance, and the standard size is $34.0M.

STATEMENT OF WORK

Service/Maintenance Agreement EndoSoft Licensing and Software Support Service Lebanon VA Medical Center

1. Background: The Lebanon VA Medical Center (LVAMC) has a requirement for annual licensing renewals and software support on EndoSoft equipment and systems, as listed in the attached Schedule A – Equipment List. The EndoSoft applications are utilized during Gastroenterology and Pulmonary endoscopic procedures to capture medical images and video.

1. Requirements: In accordance with the following specifications:

1. Software Maintenance and Support

1.1 Vendor shall provide annual licensing renewals and support services for EndoSoft licensed software, including providing all necessary updates, upgrades, and patch notifications to ensure the system stays up to date and secure.

1.2 Software licensing and support shall be in accordance with the devices as specified in Schedule A - Equipment list.

1.3 Vendor shall provide all personnel, tools, service manuals, computer software and schematics necessary to complete on-site and remote scheduled software updates, upgrades, and patch notification services on all of the identified equipment during normal business hours, 8:00 AM – 4:30 PM, ET, Monday through Friday, or at the convenience of the equipment operators. Services shall not be conducted on a federal holiday.

1.4 The vendor shall contact LVAMC Biomedical Engineering to coordinate and schedule the dates and times for any necessary software updates, upgrades, or system patches.

1.5 A Copy of all changes shall be made to LVAMC Biomedical Engineering upon request.

1.6 All maintenance shall be within the confines of the approved ERA, attached.

2. Emergency Repairs and Support:

2.1 Vendor shall provide emergency repairs and support services when the system is operating with diminished capability or is deemed by Biomedical Engineering to be inoperable.

2.2 Field Service Representative (FSR) shall acknowledge receipt of a service call for services and emergency repairs and support within four hours and shall arrive on the premises to inspect system within 24 hours.

2.3 Vendor shall order system replacement parts within 24 hours.

2.4 Vendor shall provide, upon request, suitable loaner equipment to replace contracted equipment that will be out of service for more than 48 hours. Equipment repaired by the FSR or loaned to LVAMC by the vendor shall be calibrated and safety tested by the FSR before being placed into service. FSR shall not deviate from this protocol without the prior approval of the Biomedical Engineering representative.

3. General Responsibilities:

3.1 Written field service reports shall be provided to a representative of Biomedical Engineering within five business days after completion of any system maintenance, remedial service, and emergency repair. Failure to provide Biomedical Engineering with the field service report will result in non-payment of invoices submitted for service.

3.2 All replacement parts shall be new and warrantied by the Original Equipment Manufacturer (OEM). After-market, used, or rebuilt parts shall not be accepted.

3.3 Biomedical equipment listed in Schedule A may fluctuate during the performance of this agreement due to situations such as the purchase of new equipment, expiration of manufacturer’s new equipment warranty, equipment upgrades, replacement, or removal of unsafe equipment from use. Any changes to biomedical equipment in Schedule A will be incorporated into the agreement via a bilateral modification.

4. Qualifications:

4.1 All work shall be completed by fully qualified, field service representatives (FSRs) and technicians. Fully qualified is based upon training and experience and is defined as follows:

Training - Field Service Representatives and technicians shall have completed a formalized training program within the last two years and be authorized by the Original Equipment Manufacturer (OEM) to perform repair services on equipment covered under this agreement. FSRs and technicians shall complete refresher training on an annual basis.

Experience - FSRs and technicians shall have a minimum of two years of experience providing preventive maintenance, remedial repairs, and emergency repairs on the equipment covered in this agreement.

4.2 Factory certified training certificates and competencies for all FSRs and technicians assigned to complete service and repairs of the specified equipment shall be provided in accordance with Joint Commission Standards. Certificates and competencies shall be submitted to Biomedical Engineering within 30 days from date of contract award. Failure to provide required documentation shall result in non-payment of invoices for service.

4.3 Subcontractors shall not be used in the performance of this service, unless authorized and approved in advance by the POC.

1. Performance Period:

The period of performance includes a one-year base period and four one-year options, as follows:

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.

Schedule A Equipment List

ADMIN License GV-EVADMIN-LC-from 4/6/2024

NA

End of Document

Special Notice