RFQ 36C25624Q0917.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* MiPACS Annual Maintenance and Support Renewal

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 77056-5643

SOLICITATION NUMBER* 36C25624Q0917

RESPONSE DATE/TIME/ZONE 05-30-2024 17:00 EASTERN TIME, NEW

YORK, USA

ARCHIVE 8 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE

PRODUCT SERVICE CODE* 7A21

NAICS CODE* 541519

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

POINT OF CONTACT*

Contracting Officer Jeneice Matthews jeneice.matthews@va.gov 713-791-1414

PLACE OF PERFORMANCE

ADDRESS Michael E. DeBakey VA Medical Center

2002 Holcombe Blvd.

Houston Texas

POSTAL CODE 77030

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov URL DESCRIPTION Department of Veterans Affairs AGENCY CONTACT’S EMAIL ADDRESS jeneice.matthews@va.gov EMAIL DESCRIPTION 36C25624Q0917 - Quote

DESCRIPTION

36C25624Q0917 – Maintenance and Support MiPACS System at Michael E. DeBakey VA Medical Center (MEDVAMC) located in Houston, Texas.

1. This is a combined synopsis/solicitation (CSS) 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, in conjunction with FAR Part 13, Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, and a written solicitation document will not be issued.

2. The CSS number is 36C25624Q0917. It is issued as a Request for Quote (RFQ).

This solicitation is in support of a requirement for the MEDVAMC. The Contractor shall provide maintenance and support for MIPACS System at the MEDVAMC. The government anticipates awarding one single award, Firm-Fixed Price contract resulting from this solicitation for a base price of one (1) year, with four (4) additional, 1 year price years. The offeror shall comply with the following conditions below when responding to this solicitation.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03 (effective: 02/23/2024).

4. The associated North American Industrial Classification System (NAICS) code for this procurement is 541519- Other Computer Related Services, with a small business size standard of $34,000,000.00.

5. Please review the attached document(s) for more details on this requirement.

See attached 36C25624Q0917.

Contracting Office:

Department of Veteran Affairs Network Contracting Office (NCO)-16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston, TX 77056

Contracting Officer:

Jeneice Matthews POC: jeneice.matthews@va.gov

Quote in response to this RFQ is due at 4:00 PM Central Standard Time, May 30, 2024. Quote shall be submitted in writing and sent via email to jeneice.matthews@va.gov .

Please insert “36C25624Q0917 Quote” in the subject line of your email. OFFEROR

SHALL COMPLETE THE FOLLOWING LOCATED IN SECTIONS BELOW OF THIS

SOLICITATION 36C25624Q0917 TO BE DEEMED ACCEPTABLE:

mailto:jeneice.matthews@va.gov

a) Section B- Contract Administration Data, Contractor contact information.

b) Section B- Price/Cost Schedule, unit price, amount, and grand total.

c) Submit manufacturer authorized distributor letter, cut sheets, and specifications if vendor is not the Original Equipment Manufacturer (OEM).

36C25624Q0917

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR ADMINISTRATOR: __________________________

CONTRACTOR POC NAME: __________________________

CONTRACTOR POC TELEPHONE NUMBER: _________________________

CONTRACTOR ADDRESS: ___________________________________

EMAIL ADDRESS: ___________________________________________

UEI No. __________________________________________________ CAGE Code: ________________________________________________

TAX ID ____________________________________________________

GSA/FSS, NAC, SEWP Contract No (if applicable) _______________________

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[x] 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management

3. INVOICES: Invoices shall be submitted in arrears:

a. Other [x] Payment for services provided under the terms of this contract will be made upon receipt and acceptance by the Government.

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veteran Affairs Financial Service Center (FSC) e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

5. Please insert “36C25624Q0917 Quote” in the subject line of your email. OFFEROR SHALL

COMPLETE THE FOLLOWING LOCATED IN SECTIONS BELOW OF THIS SOLICITATION

36C25624Q0917 TO BE DEEMED ACCEPTABLE:

a) Section B- Contract Administration Data, Contractor contact information.

b) Section B- Price/Cost Schedule, unit price, amount, and grand total.

c) Submit manufacturer authorized distributor letter, cut sheets, and specifications if vendor is not the Original Equipment Manufacturer (OEM).

http://www.fsc.va.gov/fsc/einvoice.asp

6.EVALUATION: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. All quoters shall have a current registration in the System for Award Management (SAM) to be considered for award, all quoters shall be certified in the U.S. Small Business Administration (SBA) Veteran Small Business Certification (VetCert) database to receive credit as a SDVOSB at the closing of the solicitation due date and time; and at the time of award, and all quoters must be certified with SBA to receive credit as a Small Business.

7. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO. DATE

B.2 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program.

The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance.

National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS).

Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. N/A

5. N/A

6. SECURITY INCIDENT INVESTIGATION

a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

7. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data.

Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

8. N/A

9. TRAINING

‘Required course(s)’: Contractor required to complete VA Privacy and Information Security Awareness & Rules of Behavior Training (TMS) COURSE #: 10176 “Privacy and INFOSEC & Rules of Behavior.

NOTE: The hard drive and/or memory from the system cannot leave the VA Campus regardless of whether the maintenance is scheduled or unscheduled. Any questions can be referred to the Facility Information Systems Security Officer (ISSO).

a. All Contractor personnel and subcontractor personnel requiring access to VA information and VA information systems shall sign and acknowledge (manually) understanding of and responsibilities for compliance within 1 week of the effective date of award of the contract, before being granted access to VA information and its systems; and annually thereafter, as required by the following:

(1) Sign and acknowledge (manually) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems.

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training.

(3) Successfully complete the appropriate VA Privacy training and annually complete required privacy training; and

(4) N/A

b. The Contractor shall provide to the Contracting Officer and/or the COR (Contracting Officer’s Representative) a signed copy of the Contractor Rules of Behavior for each applicable Contractor personnel within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

(End of Clause)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Price

MIPACS DENTAL

ENTERPRISE-

ANNUAL SUPPORT

1.00 EA

Contract Period: Base POP Begin: 06-01-2024 POP End: 05-31-2025

LOCAL STOCK NUMBER: DIE-SUPP

0002 Base Price

MIPACS DENTAL

ENTERPRISE-

ANNUAL

MAINTENANCE

1.00 EA __________________ __________________

Contract Period: Base POP Begin: 06-01-2024 POP End: 05-31-2025

LOCAL STOCK NUMBER: DIE-MAINT

BASE PRICE TOTAL AMOUNT:

1001 Price Period 1

ENTERPRISE-

ANNUAL SUPPORT

Contract Period: Option 1 POP Begin: 06-01-2025 POP End: 05-31-2026

1002 Price Period 1

ENTERPRISE-

ANNUAL

MAINTENANCE

Contract Period: Option 1 POP Begin: 06-01-2025 POP End: 05-31-2026

PRICE PERIOD 1 TOTAL AMOUNT:

2001 Price Period 2

MIPACS DENTAL

ENTERPRISE-

ANNUAL SUPPORT

Contract Period: Option 2 POP Begin: 06-01-2026 POP End: 05-31-2027

2002 Price Period 2

ENTERPRISE-

ANNUAL

MAINTENANCE

Contract Period: Option 2 POP Begin: 06-01-2026 POP End: 05-31-2027

PRICE PERIOD 2 TOTAL AMOUNT:

3001 Price Period 3

ENTERPRISE-

ANNUAL SUPPORT

Contract Period: Option 3 POP Begin: 06-01-2027 POP End: 05-31-2028

3002 Price Period 3

ENTERPRISE-

ANNUAL

MAINTENANCE

Contract Period: Option 3 POP Begin: 06-01-2027 POP End: 05-31-2028

PRICE PERIOD 3 TOTAL AMOUNT:

4001 Price Period 4

ENTERPRISE-

ANNUAL SUPPORT

Contract Period: Option 4 POP Begin: 06-01-2028

POP End: 05-31-2029

4002 Price Period 4

ENTERPRISE-

ANNUAL

MAINTENANCE

Contract Period: Option 4 POP Begin: 06-01-2028 POP End: 05-31-2029

PRICE PERIOD 4 TOTAL AMOUNT:

GRAND TOTAL

The rates specified in the schedule above shall be the maximum paid the Contractor as orders are placed during the term of the agreement. In no event can the rates listed in the schedule be exceeded.

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION DELIVERY DATE

0001-

SHIP TO: Michael E. DeBakey VA Medical Center ATTN: Warehouse, Building 100

Houston, TX 77030 USA

June 1, 2024 - May 31, 2025

FOB: DESTINATION

1001-

SHIP TO: Michael E. DeBakey VA Medical Center ATTN: Warehouse, Building 100

June 1, 2025 - May 31, 2026

2001-

SHIP TO: Michael E. DeBakey VA Medical Center ATTN: Warehouse, Building 100

June 1, 2026 - May 31, 2027

3001-

SHIP TO: Michael E. DeBakey VA Medical Center ATTN: Warehouse, Building 100

June 1, 2027 - May 31, 2028

4001-

SHIP TO: Michael E. DeBakey VA Medical Center ATTN: Warehouse, Building 100

June 1, 2028 - May 31, 2029

B.5 STATEMENT OF WORK

1. General Information:

The Michael E. DeBakey VA Medical Center (MEDVAMC) located at 2002 Holcombe Boulevard in Houston, Texas 77030 require Maintenance and Support for MiPACS System.

The MiPACS software license shall be compatible with current hardware. These products are required and must meet stringent quality control, compliance standards for Medicor Imaging equipment already in use at the MEDVAMC to access images taken throughout multiple MEDVAMC service and care lines.

The Contractor shall furnish all labor, materials, parts/supplies, tools, management, support, trained technicians, and travel/transportation to provide MiPACS software license that will be in use at the MEDVAMC as defined herein the Statement of Work (SOW). The full listing of the equipment schedule can be found in Section 4, Titled Equipment Schedule. The contract shall be for a Firm-Fixed Price.

2. Place of Performance: Michael E. DeBakey VA Medical Center 2002 Holcombe Blvd.

Houston, Texas 77030

3. Period of Performance: The ordering period for this purchase order will be for a firm term of five (5) years. The offered prices will apply throughout the life of the contract unless requested by the Contractor and modified by the Contracting Officer. Each ordering period will cover equipment, connectivity, all license and support at the MEDVAMC for 12 months.

Order Period 1: 12 months (from date of award) Order Period 2: 12 months Order Period 3: 12 months Order Period 4: 12 months Order Period 5: 12 months

4. Equipment Schedule:

Line Item #

Description Qty

0001 Base Period: June 1, 2024 – May 31, 2025 DIE-SUPP / MiPACS Dental Enterprise - Annual Support

1-YR

0002 Base Period: June 1, 2024 – May 31, 2025 DIE-MAINT / MiPACS Dental Enterprise - Annual Maintenance

1-YR

1001 Price Period 1: June 1, 2025 – May 31, 2026

DIE-SUPP / MiPACS Dental Enterprise - Annual Support

1-YR

1002 Price Period 1: June 1, 2025 – May 31, 2026

2001 Price Period 2: June 1, 2026 – May 31, 2027

1-YR

2002 Price Period 2: June 1, 2026 – May 31, 2027

3001 Price Period 3: June 1, 2027 – May 31, 2028

1-YR

3002 Price Period 3: June 1, 2027 – May 31, 2028

1-YR-

4001 Price Period 4: June 1, 2028 – May 31, 2029

1-YR

4002 Price Period 4: June 1, 2028 – May 31, 2029

1-YR-

5. Contractor Qualifications:

The Contractor shall be the Original Equipment Manufacturer (OEM) or an approved vendor by the OEM as an authorized distributor/reseller.

The Contractor shall prove this certification by providing a letter of certification from the OEM on OEM letterhead with their technical quote at the closing of the solicitation due date. Failure to submit letter as an authorized distributor/reseller shall result in Contractor’s technical quote as technically unacceptable.

6. Delivery:

6.1 The Contractor shall deliver all products to the Michael E. DeBakey VA Medical Center, ATTN: Warehouse, 2002 Holcombe Blvd., Houston, Texas 77030.

6.2 The Contractor shall notify the designated Department of Veteran Affairs (VA) POC (Point of Contact) of the expected product shipment date five (5) calendar days prior including line-by-line details for review of products.

6.3 The Contractor cannot make any changes to the delivery schedule without request to the designated VA POC. Delivery shall be arranged with VA POC.

6.4 The Contractor shall pay all shipping and handling fees for supplies.

6.5 The Contractor shall communicate delivery dates when product orders are placed.

Products shall be delivered only when the site is ready to proceed.

6.6 The Contractor shall provide the VA POC with Alert/Notifications of any delays in shipment as well as any or all technical advisory/recalls prior to or simultaneously with filed alerts.

7. Contractor Requirements:

7.1 The Contractor shall provide all products listed in Section 4.

7.2 The Contractor shall install Contractor software as required.

7.3 A prorated license fee shall be assessed for the use of the software.

7.4 The Contractor shall provide maintenance of the MiPACS software license at no charge to MEDVAMC for the term of each license.

7.5 The Contractor shall provide software upgrades at no additional charge.

7.6 The Contractor shall provide services remotely via site-to-site Virtual Program Network (VPN) access to application server.

7.7 The Contractor shall provide software version updates remotely, as they become available, or shipped on Compact Disc (CD) to the designated VA POC and requested service.

Any updates to the Medicor Imaging equipment for software purposes shall be made available to the VA POC within 30 days of release by the manufacturer.

7.8 The Contractor shall provide assistance to MEDVAMC user supporting servers, workstations, touch screen monitors, and Real Time Location System (RTLS) hardware when Contractor application software issues arise.

7.9 The Contractor shall provide 24-hour telephone support.

8. Communication Services:

8.1 The Contractor shall provide a call center to be maintained for government assistance Monday – Friday 8:00a.m. – 4:30p.m. Central Standard Time, not including government observed holidays. The Contractor shall provide telephone support service to the designated VA POC within one hour of a call placed by VA POC to the Contractor.

9. The Contractor shall provide for next business day replacement of failed hardware, software updates, and upgrades for medical equipment.

10. The Contractor shall provide MiPACS software license problem identification and enhancements with an amount not to exceed 9 days. This shall be conducted via teleconferences as no travel shall be included.

11. Hours of Coverage:

11.1 All work shall be conducted from Monday through Friday at 8:00a.m. – 4:30p.m., excluding Federal holidays and unless other times are arranged in advance and approved in writing by the delegated VA POC. The government also observes Executive Orders, President’s Proclamation, and days designated by Federal Statute.

11.2 The government hereby provides notice, and the Contractor hereby acknowledges receipt that government personnel observe the listed days as holidays:

New Year’ Day January 01 Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth Day Third Monday in June Independence Day July 04 Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

11.3 If the holiday falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S. government agencies, and any other day specifically declared by the President of the United States.

11.4 In addition to the days designated as holidays, the government observes the following days:

11.4.1 Any other day designated by Federal Statute.

11.4.2 Any other day designated by Executive Order.

11.4.3 Any other day designated by the President’s Proclamation

11.5 It is understood and agreed between the government and the Contractor that observance of such days by the government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation. In the event the Contractor’s personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation shall be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

12. The following laws, regulations, policies, and procedures, including all subsequent changes or updates apply:

FAR Federal Acquisition Regulation VAAR Veterans Administration Acquisition Regulation Standards All applicable Federal, State, Local and Industry: Laws, Policies and Standards as applicable to the proper performance afore and hereafter described.

13. Glossary:

CO Contracting Officer CDR Contract Deficiency Report MEDVAMC Michael E. DeBakey VA Medical Center OEM Original Equipment Manufacturer OSHA Occupational Safety and Health Administration The Joint Commission, formerly, Joint Commission Accreditation of Healthcare Organizations Business Day: A business day includes the entire 24-hour period ending at midnight, and a notice required by the regulation is effective even if given outside normal business hours.

14. The Contractor shall maintain a Return Material Authorization (RMA) Contact.

15. Copyrighted Materials: The Contractor shall not engage in any unauthorized duplication of copyrighted materials by photocopying or any other means that would expose the government to liability for penalties under existing or future copyright laws.

16. Office Equipment: The MEDVAMC shall provide a server with access for official use only.

17. Parking: It is the responsibility of the Contractor personnel to park at the appropriate designated parking areas. The government does not validate or make reimbursement for parking violations of the contractor personnel under any circumstance.

18. Gray Market Prevention:

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original Equipment Manufacturer (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for a supply contract for the purchase of new medical products for the MEDVAMC. No remanufactures or gray market items will be acceptable.

(b) Vendor shall be the OEM or approved distributor/reseller for the proposed supply contract for the purchase of new medical equipment to include replacement parts, such that the OEM’s warranty and service associated with the equipment and system is in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discover of such items.

19. Warranty and Support: The warranty and support shall cover the items in Section 4 in accordance with standard manufacturer warranty.

20. Privacy/ Security:

20.1 The Contractor will not have access to VA desktop computers, nor will they have access to online resources belonging to the government while conducting services.

20.2 The Contractor will not have electronic connectivity to the VA network. The Vendor will only have access to patient databases and PHI when physically troubleshooting.

20.3 Any electronic or magnetic data storage devices such as hard drives, or the likeness thereof shall be turned into the MEDVAMC Information Systems Security Officer (ISSO).

Electronic or magnetic data storage devices are not to be removed from VA property.

21. Safety: Safety precautions shall include, but are not limited to the following requirements:

a) OSHA (Occupational Safety and Health Act)

b) Applicable State and Local Safety Operation Procedures

c) VA Safety Practices and Policies, VAMC standard operating procedures, and any other

Federal, State, and Local regulations pertaining to the equipment listed for this contract.

d) JCAHO (The Joint Commission, formerly, Joint Commission Accreditation of Healthcare

Organizations)

22. Invoicing/ Billing Requirements

22.1 The Contractor shall submit requests for payment electronically to the VA’s Tungsten Network (https://www.fsc.va.gov/einvoice.asp ). All invoices shall be paid monthly in arrears.

Payment for services provided under the terms of this contract will be made upon delivery, inspection, and acceptance of all line items. No advance payments will be authorized. Invoices shall be properly prepared in accordance with FAR (Federal Acquisition Regulation) 52.212-4.

22.2 Invoices shall include, at a minimum, the following information:

a) Purchase Order (PO) number and Contract Number

b) Company Name, Address, and telephone number

c) Invoice Date

d) Invoice Number

23. Changes to the Statement of Work (SOW): Any changes to the SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Price/cost incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor.

During the term of this contract, medical equipment may be added or deleted from this contract as equipment is replaced, added or removed from service at the medical facility. Any such change shall be reflected in a written modification to this contract signed by the Contractor and the Contracting Officer.

END OF SOW

https://www.fsc.va.gov/einvoice.asp

36C25624Q0937

SECTION C - CONTRACT CLAUSES

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. ADDENDUM FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services (NOV 2021)” Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021)

INSTRUCTION TO OFFEROR(S):

This solicitation is in support of a requirement for the facility that is being solicited noncompetitively to a sole source offeror. The sole source offeror shall comply with the following conditions below when responding to this solicitation.

Offeror quotations must demonstrate meeting the salient physical, functional, or performance characteristic specified in this solicitation and Statement of Work, otherwise it will be considered non-responsive. The technical specifications for this requirement are listed for Brand Name.

The information identified provided is intended to be descriptive, not restrictive and to indicate the quality that will be satisfactory. The interested parties bear full responsibility to ensure their submission demonstrates to the government that they can provide the brand name or equal to supplies being requested.

SUBMISSION OF QUOTE INSTRUCTIONS:

Quotation shall be received no later than 4:00p.m. Central Standard Time on May 30, 2024. Quote shall be submitted electronically through email addressed to Jeneice Matthews, Contract Specialist at jeneice.matthews@va.gov .

The Contractor shall be registered in www.sam.gov to receive government contracts to be considered for award.

Offeror shall complete and submit the following:

a. The Contractor shall submit a price for all Contract Line-Item Number (CLIN) of the solicitation.

b. Provide all CLIN items listed in this solicitation that are annotated in the Price/Cost Schedule.

See FAR Clause 52.212-2 Addendum for basis for award. The price quote shall be legible, specific, and complete in every detail. Note: Pricing shall be all inclusive, for example, shipping cost/price must be rolled into the line item of the product and not separated as a separate line item.

The Contractor’s past performance history will be evaluated by the government for the purpose of a responsibility determination.

The following solicitation provisions apply to this acquisition:

http://acquisition.gov/comp/far/index.html http://www.sam.gov/

• FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

• FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

• FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG

2020)

• FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

• FAR 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

• FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

• FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

• FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND

REPRESENTATION (JUN 2020)

• VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY

NOTICE (FEB 2023)

2. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services (DEC 2022)

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 Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

• ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

• FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

DEC 2022

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

MAR 2023

52.217-6 OPTION FOR INCREASED QUANTITY MAR 1989

52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY

PRICED LINE ITEM

MAR 1989

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.247-34 F.O.B. DESTINATION NOV 1991

https://www.sam.gov/portal http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

• VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

• VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

• VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

• VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

• VAAR 852.246-71 REJECTED GOODS (OCT 2018)

Quote shall be sent electronically to:

Network Contracting Office 16 Jeneice Matthews, Contracting Officer Email: jeneice.matthews@va.gov Telephone calls are not acceptable.

SECTION C - CONTRACT CLAUSES