36C25719Q0832-001.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 70

756-19-3-960-0272

36C25719Q0832 05-30-2019

Susan Flores 1-210-694-6307 06-05-2019 11:00

Department of Veterans Affairs VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229

X 100

X

339112

1000 Employees

N/A

X

Department of Veterans Affairs

EPVACHC

Logistics 5001 N. Piedras El Paso TX 79930

Department of Veterans Affairs VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

This solicitation is for the brand name or equal purchase of anesthesia machines.

The Government intends to award a Firm Fixed-Price contract to the Lowest Price Technically Acceptable, responsible vendor.

See schedule for more information.

See CONTINUATION Page

X X

X 1

Michael J. Tusinger Contracting Officer

36C25719Q0832

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 INSTRUCTIONS TO OFFERORS

B.2 CONTRACT ADMINISTRATION DATA

3. WORK HOURS

4. PLACE OF PERFORMANCE

5. TRAVEL

6. SPECIFIC TASKS AND DELIVERABLES

6.1. KICKOFF MEETING

6.4 INTERFACE SUPPORT

9. MANDATORY CHECK IN/OUT AND REMOVABLE MEDIA SCANNING

11. FACILITY/RESOURCE PROVISIONS

The Contractor shall not transmit, store or otherwise maintain sensitive data or products in the Contractor systems (or media) within, or outside, the VA firewall in accordance with VA Handbook 6500.6 dated March 12, 2010. All VA sensitive information shall be protected at all times

All Contractor employees who require access to the Department of Veterans Affairs' computer systems or have access to sensitive information shall be the subject of a background investigation

16.17 POSITION/TASK RISK DESIGNATION LEVEL(S)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.4 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS

(NOV 2018)

C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.9 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 GRAY MARKET LANGUAGE (MAY 2016)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.6 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (OCT 2018)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 INSTRUCTIONS TO OFFERORS

Evaluation Factors for Award

Solicitation issued as a total SDVOSB set-aside. All SDVSOB contractors participating in the Veterans First Contracting Program must be listed as verified in the VIP database at https://www.vip.vetbiz.gov to receive contract awards under the Veterans First Contracting Program.

The vendor must be registered for NAICS 339112 in SAM to be eligible for award at the time of the response to this solicitation.

Quotations due 06/05/2019 at 11:00 a.m. ET (10:00 p.m. CT).

Email quotes to susan.flores@va.gov

Point of Contact:

Susan Flores Contract Administrator Regional Procurement Office West (RPO West) Network Contracting Office 17 (NCO 17) 7400 Merton Minter Blvd. (10N17/90C) San Antonio, TX 78229 Phone: 210-694-6342 susan.flores@va.gov

Late quotes or documentation will not be accepted. All questions, comments, or inquiries are to be submitted in writing to the Point of Contact, referenced above, prior to the closing of the solicitation.

I. Basis of Award

The Government intends to award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation meets or exceeds the requirement at the lowest price, Lowest Price Technically Acceptable (LPTA).

https://www.vip.vetbiz.gov/

The quotes will be evaluated based on the evaluation factors listed below. The technical acceptability will be evaluated on an "acceptable" or "unacceptable" basis. Only those contractors determined to be technically acceptable will be evaluated on price. The following areas will be evaluated:

1. Technical Acceptability (acceptable/unacceptable)

2. Price

Factor 1: Technical Acceptability – The contractor shall provide a written statement addressing each of the following items. The written statement must describe each point and must provide enough detail to determine minimum qualifications.

a. Description of Specifications: Provide a listing of specifications meeting the specifications contained in B.3 Product Description

b. Letter of Authorization: Provide a letter of authorization from the Original Equipment

Manufacturer per the E.1 Gray Market Language of this solicitation.

Factor 2: Price – Contractor shall complete B.4 Price/Cost Schedule. The schedule may be altered, or an alternate schedule used where appropriate in order to express quote detail.

B.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257

Department of Veterans Affairs

VISN17 Network Contracting Activity

7400 Merton Minter Blvd. (10N17/90C)

San Antonio TX 78229

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, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Receipt and Acceptance

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.

This is accomplished through the

Tungsten Network located at: http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

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

AMENDMENT NO DATE

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

Salient Characteristics

1. Anesthesia Machine

• Precision, Turbo Vent 2 technology (electrically driven and electronically controlled turbine ventilator), no drive gas required

• Modes of ventilation: volume control, pressure control, synchronized volume & pressure

Control (both with optional pressure support), pressure support, volume AutoFlow, and airway pressure release ventilation (APRV)

• Heated, compact breathing system that is easily autoclavable.

• Time-based fully automatic start up and test functionality

• Battery for up to 150 minutes back-up power

• Integrated RFID technology to monitor adequate use of sensors and consumables.

Alerts provider when gas monitor water trap, flow meters and CLIC canister consumables need replaced.

• Electronic gas mixer.

• Integrated dimmable illumination of working and documentation surfaces.

• Integrated gas analyzer, automatic identification of two simultaneous anesthetic agents, age-corrected MAC value- consumption-free oxygen monitoring, measurement of gas consumption

• Flexible breathing bag arm

• Centralized braking system with smooth running casters with cable deflectors.

• Ability to be serviced remotely through Remote Data Connect.

• A mechanical pressure gauge for airway pressure as well as a mechanical indicator of total fresh gas flow

• An APL (airway pressure limitation) valve which is easily accessible to the user and can be simply pulled up to release breathing system pressure

• An electronically controlled, electrically driven ventilator that does not require drive gas to mechanically ventilate the patient

• Is capable of continuing automatic ventilation with ambient air if central and cylinder gas supplies are not available

• Includes features that allow clinicians to continue to ventilate a patient during (1) power outage/brown out, (2) battery failure, (3) power supply failure, or (4) circuit board failure.

• Is capable of returning gas sampled for analysis back to the breathing system for use in ventilation without contamination of room air

• Is not reliant upon electrical power (Since anesthesia machines are life critical systems, in order to meet the patient safety requirements of our facility, the systems must not be reliant upon electrical power for: fresh gas flow for continued delivering of care vaporization and anesthetic agent delivery and hypoxic guard to be operational. In the event of total power failure, patient fresh gas flow must be maintained and anesthetic agents continue to be delivered, thereby maintaining the safety of the patient for the remainder of the surgical procedure)

2. HW & SW functionality for illuminating vaporizer settings and filling level indicator - monitoring of vaporizer

• ISO, Sevo, and Des vaporizers that illuminate vaporizer settings and filling level indicator

3 Gas Supply

• Gas supply hoses with wall connections

• Cylinder connections for O2, Air, and N20

4. Auxiliary power outlet

a. Basic unit equipped with 4 integrated isolated power outlets and an additional power outlet strip, isolation transformer, main switch for all outlets, circuit breakers for each power outlet.

5. Ventilator and Display

a. 15.3” color touchscreen display

b. LCD status display for gas and power supplies as well as airway pressure

c. Modes of ventilation: volume control, pressure control, synchronized volume & pressure Control (both with optional pressure support), pressure support, volume AutoFlow, and airway pressure release ventilation (APRV)

d. SW option Pressure Support with trigger sensitivity set according to the patient’s needs; Manual/Spontaneous ventilation

e. Breathing Sound Emulator as an audible indicator of changes in gas flow

6. Accessories

a. Sodalime, Watertraps, Flow Sensors, and any other necessary accessories for the operation of the anesthesia machine

7. Endotracheal suction

8. Hardware components

a. A mechanical pressure gauge for airway pressure as well as a mechanical indicator of total fresh gas flow

b. Auxiliary O2 flowmeter, flexible bag arm, writing tray, integrated lockable drawer for drug box safe keeping.

9. Patient Monitoring

a. Transport

i. The monitor shall have the ability to convert to a transport monitor with a one-button disconnect and without additional modules or batteries, and shall allow transport with all currently monitored parameters remaining active.

ii. The transport monitor shall automatically enter wireless mode when removed from the bedside monitor holder.

iii. The transport monitor shall not exceed a weight of 920 grams

iv. The transport display shall automatically adjust its orientation using a gravitational sensor when it is rotated to a different view.

v. The transport monitor shall be protected against the ingress of water with a rating of IPX4, and be submersible to 30 centimeters of water for ten minutes.

b. Expanded monitoring with 12 lead ECG, Arrhythmia II and Multi IBP software option.

c. Additional software options with View Editor, Web enabled Layouts and web enabled tabs.

d. Interfaces

i. Interface to anesthesia machines which makes it possible to view CO2, pressure flow waveforms agent and gases from anesthesia and ventilator devices.

ii. Monitor alarms will be silenced by the anesthesia machine during cardiac bypass procedures to eliminate unnecessary steps and nuisance alarms.

iii. Export Protocol Cable for data output to ARK.

iv. When interfaced with the anesthesia machine, the monitor shall provide capabilities for display of multi-parameter sets to be used in lung recruitment procedure.

v. The lung recruitment procedure display shall include trending for up to nine parameters directly from the ventilator/anesthesia device. The lung recruitment procedure display shall include cardio-physiological parameters of the monitor in breath-to-breath resolution and provide cursors for assessing the response to therapy.

vi. The monitoring solution shall support interfaces to a minimum of three different external devices at one time

e. 3 and 5 Lead single pin ECG cables with extension; NIPB hose and cuffs

f. Dual Hemo invasive pressure cable with transducer adapters

g. Temperature adapter cable

h. Nellcor SpO2 technology and accessories

i. Strip recorder/printer and accessories

j. BIS monitoring and interface

k. TOFscan monitoring and interface

10. Vaporizers

a. ISO, Sevo, and Des vaporizers that illuminate settings and display when fill level is low.

11. Biomedical Training

a. Vendor shall include Biomedical Training for two (2) VA El Paso biomedical engineers.

b. 4 Years of Remote Service Access for use after the 1 year warranty User Manuals and Software

12. Device Connectivity

a. Ventilator data shall display on patient monitor for streamlined view ability of data

b. Connectivity from patient monitor to BIS monitor

Please note 4 trade-in Anesthesia Machine

El Paso Veterans Affairs Health Care System (ELPVAHCS) Anesthesia Clinical Work Stations

Statement of Work (SOW)

1. GENERAL

The El Paso VA Health Care System (EPVAHCS) is procuring Medical Anesthesia Clinical Workstations, accessories (cabling, keyboards, mice, stands, etc), operating system software and installation/integration services. The products and services will be delivered at the EPVAHCS. This acquisition is required in order to meet essential anesthesia expansion requirements of the EPVAHCS. The equipment will be used by VA personnel (doctors, medical technologists, and nurses and shall be maintained by Biomedical Engineering, Office of Information Technology (OIT) support staff and the Contractor. Equipment connectivity will be inside the VA firewall via LAN and WAN network.

2. DESCRIPTION OF WORK

The scope of the Anesthesia workstations includes delivery of equipment, installation of the equipment, services and warranty defined herein.

The Contractor shall provide all labor, travel, tools, materials, project management, shipping and delivery, hardware, software, installation, integration, documentation, acceptance testing and warranties required for the anesthesia workstations functionality, each medical anesthesia workstation hardware (computer, monitor, mouse, keyboard, cabling).

Delivery of equipment shall be to the El Paso VA health care system. After delivery, the Contractor shall be responsible for unpacking, assembly, delivery to specific areas within the Medical Center Anesthesiology Service, installation, configuration and testing in accordance with the EPVAHCS policy and standard operating procedures. The Contractor must perform all anesthesia database configurations such as adding each workstation, completing entries, changes and licensing each new workstation to the anesthesia database.

The Contractor shall provide EPVAHCS a description and complete set of workstation and monitor specifications for the Contractor’s proposed anesthesia workstation solution.

3. WORK HOURS

The Contractor shall provide support 24 hours per day, 7 days per week. Normal hours of work are defined as Monday through Friday from 7:00 a.m. to 4:30 p.m., excluding Federal holidays or as otherwise arranged with the Contracting Officer’s Representative

(COR).

There are ten (10) Federal holidays set by law (USC Title 5 Section 6103) that VA follows:

Under current definitions, four are set by date:

New Year's Day January 1 Independence Day July 4 Veterans Day November 11 Christmas Day December 25

If any of the above falls on a Saturday, then Friday shall be observed as a holiday.

Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six are set by a day of the week and month:

Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Labor Day First Monday in September Columbus Day Second Monday in October Thanksgiving Fourth Thursday in November

4. PLACE OF PERFORMANCE

Tasks under this contract shall be performed at The El Paso VA Health Care Service.

Remote support may be performed remotely at Contractor facilities. Work may be performed at remote locations other than Contractor facilities with prior approval of the COR. On-site support shall be performed at the VA Medical Center located in the following location:

El Paso Health Care System: 5001 N. Piedras St. El Paso, TX 79930

5. TRAVEL

All Contractor transportation, lodging, and subsistence expenses incurred by the Contractor shall be incorporated into the Contractor’s fees and are the sole responsibility of the Contractor. Travel will be scheduled at the most cost-effective rate and fare, and by the most cost-effective mode of travel in accordance with the General Services Administration.

6. SPECIFIC TASKS AND DELIVERABLES

The Contractor shall perform the following:

6.1. KICKOFF MEETING

The Contractor shall attend a Project Kickoff Meeting where the project shall be discussed in detail. The meeting will be conducted by conference call and coordinated by the COR within seven (7) days after the contract award.

6.2 DELIVERY, INSTALLATION and INTEGRATION

Equipment shall be delivered to each HCS as listed in the Deliver Equipment Location.

Upon delivery of the equipment, the Contractor shall provide on-site project management, set-up and assembly, installation and integration of new equipment and software.

During the installation, the Contractor shall provide on-site as well as remote support, as needed, and must be available to respond to any questions asked by the Facility POCs. The Contractor shall provide same day resolution of any issues related to the new equipment. The Contractor is responsible for providing EPVAHCS staff with configuration instructions and guidance for all equipment and accessories procured under this contract.

At a minimum, the Contractor shall provide on-site and remote technical support staff on duty from 6 AM Mountain Standard Time to 6 PM Mountain Standard Time, Monday through Friday, excluding federal holidays. The Contractor shall provide a daily Status report via e-mail for any issue that requires action. The report will describe the time the issue was identified, problem summary, steps taken to resolve the problem, time to complete the task and system or component down-time.

6.3 ACCEPTANCE TESTING

The Contractor is responsible for coordinating and performing technical testing. Equipment will be put into clinical use during implementation. Implementation must be 100%, all equipment operational with 100% functionality before being considered as complete and accepted by the Government.

If deficiencies found at the time of Government acceptance are corrected within 30 calendar days after receipt of the deficiency letter from the Contracting Officer, final acceptance will be issued upon validation of deficiency correction by the Government, and the warranty start date shall be back-dated to the date the initial acceptance testing was completed.

Clinical testing will be performed by the Government.

6.4 INTERFACE SUPPORT

The Contractor shall ensure that all anesthesia side interfaces associated with the new workstations, including but not limited to, VistA, VistA Imaging/CPRS, Medical Devices, Reporting Tool, and data transfer links are configured, testing and maintained consistently. The Contractor shall coordinate with other Contractors when necessary to accomplish this task.

7. WARRANTY

Warranty shall start at acceptance. During the 12-month warranty period, the Contractor shall furnish warranty maintenance service support that includes, as a minimum, preventive and corrective maintenance services for the equipment. and all associated hardware, firmware and software, parts, labor, travel and expenses necessary to perform such services at no additional cost to the Government. Parts cost incurred during maintenance calls shall be included in the base warranty/maintenance price and shall not be billed as additional costs. In those emergency situations when a system component(s) is down and the Government places the call for corrective action to the Contractor, the Contractor shall respond within the prescribed response time The Government representative will make formal notification of the problem by phone to the Contractor POC as soon as the problem is identified by the Government.

Warranty Maintenance & Support Help Desk: The Contractor shall provide be provided with remote (connectivity to VA network) access for maintenance and support. The Contractor shall provide contact information to the Contractor’s Support Help Desk. The Government will call and/or email the Contractor to report problems and to coordinate technical support. Maintenance under the warranty periods shall include access to new versions, updates, patches, upgrades and to the equipment components as they are released as well as scheduled maintenance (preventive maintenance inspections, electrical safety testing, calibration, scheduled releases) and unscheduled corrective maintenance. The Contractor Help Desk shall permit EPVAHCS staff to report problems, ask questions, request services, query historical data and request reports.

The Help Desk shall provide real time information to include current status, total equipment down time, who initiated the service ticket, the original complaint, response time, the service technician, work performed, replacement parts and completion date and time.

Warranty Maintenance & Support Hours of Coverage: Contractor support staff will work with the User’s schedule to ensure efficient operation. Contractor support staff are stationed at home offices. The Contractor shall provide a Help Desk telephone line with live-support which shall be available 27x7x365. The Contractor shall provide an Online

Help Email address which received messages 24x7x365. The Contractor shall provide an Online Help Desk Website Access which shall be available 24x7x365.

Warranty Maintenance and Support Response Time: The Contractor shall respond to maintenance and support requests made by the EPVAHCS by telephone or email within one hour from the time the request was made. Response time shall commence at the time the Government POC places the maintenance and support call to the Contractor maintenance and support POC and shall end at the time the Contractor maintenance and support provider contacts the Government by email or telephone. The Contractor is required to provide a reliable maintenance and support POC for 24-hour service call notification. The Contractor maintenance and support POC shall provide a telephonic response of acknowledgment of receipt of an emergency call within one hour following notification. Failure of the maintenance and support POC to answer valid attempts made by the Government within the response time will result in the start of both downtime and response time.

Warranty Hardware Upgrades: If hardware upgrades become available after award of a delivery order but prior to delivery of the equipment, the Contractor is requested to offer them to the Contracting Officer for consideration. The Contractor's proposal for such upgrades shall include the following information: Pricing information, to include both the price of the equipment to be added and the equipment to be deleted. Specific awarded items that shall be changed if the proposal is awarded. Performance data, including both comparisons to the specification requirements and to the equipment on contract. A detailed description of the differences between the awarded items and those being proposed, and a specific analysis of the comparative advantages/disadvantages of the items involved. An evaluation of the effect proposed changes will have on the life cycle of the equipment and an associated cost impact as it relates to site preparation, installation, maintenance, and operational expense. An analysis of the timeframe required to institute the change.

Warranty Replacement Components and Parts: The Contractor shall make available to the Government all components and spare parts required to maintain the equipment herein. The Contractor shall furnish all parts at no additional cost. All parts supplied shall be the original equipment manufacturer or equivalent and fully compatible with existing equipment. The Contractor shall provide new parts. Replacement components and parts (hardware, firmware, software, and any work station discrete components) shall receive a full 12-month warranty from the time of replacement. The Contractor shall deliver components and parts by next business day from the date/time requested by the Government. The Contractor shall provide a guarantee that the Government will be able to obtain all required spare parts from the Contractor for a period of seven (7) years from the date of final system acceptance. During the equipment life cycle, if the Government elects not to upgrade existing systems to new versions (either hardware, software, and spare components and parts), the Contractor shall guarantee that they will continue to provide support all hardware, software, and spare components and parts for the equipment for a minimum of seven (7) years, after release of the upgrade.

Warranty Maintenance and Support Reports: The Contractor shall maintain historical warranty service records on each component of the system, which will be provided to the Government upon request and made available in electronic format. Warranty Service reports of all services performed shall be verified by the EPVAHCS point of contact, maintained and turned over to the EPVAHCS point of contact and filed with the equipment history file. The Contractor shall also provide service reports to the Contracting Officer and COR upon request. As a minimum, the report shall include: (a) date and time notified, (b) date and time of actions taken, (c) description of malfunction or service to be performed, (d) model number/serial number and location of the equipment, (e) time spent to resolve, (f) parts used/replaced, and (g) parts cost if applicable, (h) description of service performed, (i) name of government POC, (j) name of Contractor maintenance and support staff, (k) tele-maintenance methods used, if any,

(l) designation of user error, if appropriate. Documentation such as Service Bulletins, Product Modifications, Removals, Recalls, and End of Support Notifications shall be sent to the CO, COR and HCS POCs.

8. DOCUMENTATION

Documentation and reports will be provided to EPVAHCS by the Contractor in accordance with facility policies and procedures. Documentation includes equipment, components and parts specification data sheets, user and technical manuals, schematics and diagrams, written preventive maintenance and calibration procedures, software license agreements, training documentation, service bulletins, product modification, removal, recall or end of support notifications and maintenance and support reports.

Non-compliance with the documentation requirements specified herein may result in actions as deemed appropriate by the Contracting Officer.

Specification Data Sheets, User and Technical Manuals, Schematics and Diagrams, Preventive Maintenance and Calibration Procedures, Software License Agreements, and Training Documentation (software and hardware).

The Contractor shall certify that manufacturer manuals provided with the equipment and the system’s software accurately reflect the configuration of the delivered equipment and system’s software or the operation and maintenance thereof. The Contractor shall furnish their commercial system administration’s manuals, operator’s manuals, and maintenance manuals for the supplied equipment.

Copies of document corrections and revisions shall be supplied by the Contractor for the life of the equipment and software. The Contractor shall furnish unlimited e-copies in PDF format to the EPVAHCS. All software and supporting literature is to be updated as required software upgrades are fielded.

9. MANDATORY CHECK IN/OUT AND REMOVABLE MEDIA

SCANNING

For any services performed on-site the Contractor shall, upon arrival at the EPVAHCS, report to the Facility POC to check in before proceeding to the any department and before performing any services. Prior to leaving the medical center, the Contractor shall check out with the POC.

This check in and check out is mandatory. Upon check in with the Facility POC and before performing any services, the Contractor shall ensure that any removable media is scanned by the Biomedical Engineering Section prior to connecting to any EPVAHCS network, device or system. The Contractor shall provide any removable media to Biomedical Engineering staff.

Biomedical Engineering staff will perform a malware/virus scan of the Contractor’s removable media. If “nothing found” is displayed, the Contractor may proceed and use the removable media. If “nothing found” is not displayed and/or the number of detections is greater than zero (0), the removable media shall be presumed infected with malware and shall not be allowed to be used. The media shall be returned to the Contractor for virus removal. The Government will not perform any virus or malware removal on the Contractor’s removable media. Biomedical Engineering will report any detection to the Facility Information Security Officer (ISO). Failure by the Contractor to check in, check out, provide removable media for scanning, or use of any infected media is a breach of security and shall be acted upon in accordance with the terms and conditions of this contract.

10. PHYSICAL SECURITY & SAFETY REQUIREMENTS

The Contractor personnel shall follow all VA policies, standard operating procedures, applicable laws and regulations while on VA property. Violations of VA regulations and policies may result in citation and disciplinary measures for persons violating the law.

10.1 The Contractor personnel shall wear visible identification at all times while they are on the premises.

10.2. VA does not provide parking space at the work site; the Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas. VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

10.3 Smoking is prohibited inside/outside any building other than the designated smoking areas.

10.4 Possession of weapons is prohibited.

10.5 The Contractor shall obtain all necessary licenses and/or permits required to perform the work, with the exception of software licenses that need to be procured from a Contractor or vendor in accordance with the requirements document. The Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

11. FACILITY/RESOURCE PROVISIONS

The Contractor shall request other Government documentation deemed pertinent to the work accomplishment directly from the Government officials with whom the Contractor has contact. The Contractor shall consider the COR as the final source for needed Government documentation when the Contractor fails to secure the documents by other means. The Contractor is expected to use common knowledge and resourcefulness in securing all other reference materials, standard industry publications, and related materials that are pertinent to the work.

12. SPECIAL SHIPPING INSTRUCTIONS

Prior to shipping and parts or supplies, the Contractor shall notify Site POCs, by phone and by email, of all incoming deliveries including line-by-line details for review of requirements. The Contractor shall not make any changes to the delivery schedule at the request of Site POC.

Contractors shall coordinate deliveries with Site POCs before shipment of hardware or other material to ensure sites have adequate storage space.

All shipments, either single or multiple container deliveries, will bear the VA Purchase Order number on external shipping labels and associated manifests or packing lists. In the case of multiple container deliveries, a statement readable near the VA PO number shall indicate total number of containers for the complete shipment (i.e. “Package 1 of 2”), clearly readable on manifests and external shipping labels.

Packing Slips/Labels and Lists shall also include the following:

PO #: ____________

Total number of Containers: Package ___ of ___. (i.e., Package 1 of 3)

DELIVER EQUIPMENT TO LOCATION:

El Paso VA Health Care System (EVAHCS) 5001 N. Piedras El Paso, TX 79930 FOB Destination

Purchase Order Number: ____________

13. VA FURNISHED PROPERTY AND VA FURNISHED

INFORMATION

There will be no government furnished property.

16. SECURITY REQUIREMENTS

This Medical Anesthesia Workstations contract involves the Contractor’s access, use of VA secure networks and equipment and exposure to VA sensitive personal information while implementing contract services defined herein. This contract does not intentionally involve the use or disclosure of sensitive information as the object of this contract. Any access to sensitive information by the Contractor personnel in completion of their services is considered incidental. Access and exposure to VA sensitive personal information occurs as a bi-product of Contractor personnel duties and is not be reasonably prevented. As such, in accordance with Department of Veterans Affairs Memorandum, “VA Maintenance/Installation (Warranty) Contracts (VAIQ 7058822), dated March 24, 2011, such disclosures are incidental and permitted by the HIPAA Privacy Rule (see 45 CFR 164.502 (a)(1). Furthermore, this contract includes the following five requirements per 38 U.S.C.§§ 5723 and 5725:

Each documented initiative under this contract incorporates the VA Handbook 6500.6, “Contract Security,” March 12, 2010 by reference as though fully set forth therein. The VA Handbook 6500.6, “Contract Security” shall also be included in every related agreement, contract or order. The VA Handbook 6500.6, Appendix A, is included in this document as Attachment B.

a. Prohibition on unauthorized disclosure: “Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contracting in performance or administration of this 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. See Handbook 6500.6, Appendix C, paragraph 3.a.

b. Data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including the contained in system(s) to which the contractor/subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the Designated ISO and Privacy Officer for the contract. The term “security incident” means an event that has or could have resulted in the unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph 6.a.

c. Requirement for pay liquidated damages in the event of a data breach: In the event of a data breach or privacy incident involving sensitive personal information the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of providing credit protection services to those individuals. See VA Handbook 6500.6, Appendix C, paragraph 7.a, 7.d.

d. Requirement for annual security/privacy awareness training: Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall complete on an annual basis either: (i) the VA security/privacy awareness training (contains VA’s security/privacy requirements) within 1 week of the initiation of the contract, or (ii) security awareness training provided or arranged by the contractor that conforms to VA’s security/privacy requirements as delineated in the hard copy of the VA security awareness training provided to the contractor. If the contractor provides their own training that conforms to VA’s requirements, the Contractor shall provide the COR or CO, a yearly report (due annually on the date of the contract initiation) stating that all applicable employees involved in VA’s contract have received their annual security/privacy training that meets VA’s requirements and the total number of employees trained. See VA Handbook 6500.6, Appendix C, paragraph 9.

e. Requirement to sign VA’s Rules of Behavior: Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall sign on an annual basis an acknowledgement that they have read, understand, and agree to abide by VA’s Contractor Rules of Behavior which is attached to this contract or by completing the VA Talent Management System (TMS) "VA Privacy and Information Security Awareness and Rules of Behavior” course. See VA Handbook 6500.6, Appendix C, paragraph 9, Appendix D. Note: If a medical device vendor anticipates that the service under the contract will be performed by 10 or more individuals, the Contractor Rules of Behavior may be signed by the vendor’s designated representative. The contract must reflect by signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individuals review and understand the Contractor Rules of Behavior when accessing the VA’s information and information systems

16.1 ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

The contractor/subcontractor shall request logical (technical) and/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.

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.

Contractor employees shall complete a VA Systems Access Agreement if they are provided access privileges as an authorized user of the computer system of VA.

The Contractor will notify the COR immediately when their employee(s) no longer require access to VA computer systems.

16.2 GENERAL:

The Contractor, contractor personnel, subcontractors, and subcontractor personnel shall follow, and 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, handling of privacy information and shall be subject to penalties associated with the release of such data.

Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default.

The Contractor shall ensure adequate LAN/Internet, data, information, and system security in accordance with VA standard operating procedures and this PWS, conditions, laws, and regulations. The Contractor’s firewall and web server shall meet or exceed VA minimum requirements for security. All VA data shall be protected behind an approved firewall.

Any security violations or attempted violations shall be reported to the VA Program Manager, COR and VA Information Security Officer as soon as possible.

The Contractor shall not transmit, store or otherwise maintain sensitive data or products in the Contractor systems (or media) within, or outside, the VA firewall in accordance with VA Handbook 6500.6 dated March 12, 2010. All VA sensitive information shall be protected at all times.

16.3 VA DIRECTIVE 6550 PRE-PROCUREMENT ASSESSMENT

The Contractor shall complete the VA Directive 6550 Pre-Procurement Assessment and Manufacturer’s Disclosure Statement worksheet as necessary for networked Anesthesia devices. These must be completed to assure that Anesthesia devices are integrated effectively and securely. A sample manufacture disclosure statement, pre-procurement assessment and pre-implementation items are included in Attachment X of this SOW.

16.5 BUSINESS ASSOCIATE AGREEMENT

The contractor shall have a Business Associate Agreement (BAA) and safeguard Personal Health Information (PHI) agreements.

Business Associate Agreements (BAA) are mandated by the Health Insurance Portability & Accountability Act (HIPAA) and defined at 45 CFR 160.103 and amended by the Health Information Technology for Economic and Clinical Health Act (HITECH).

16.6 VA INFORMATION CUSTODIAL LANGUAGE

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).

VA information should not be co-mingled 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.

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.

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.

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.

The Contractor shall not store VA information off site. VA information is only stored at the VAMC’s located at the Temple, Texas.

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.

If a VHA contract is terminated for cause, the associated BAA and ISA/MOU 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.

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.

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.

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.

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.

16.7 INFORMATION SYSTEM DESIGN AND DEVELOPMENT

The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer configured to operate on Windows and Vista (in Protected Mode on Vista) and future versions, as required.

The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration.

Applications designed for…