36H79725R0003 RADIOLOGY AND IMAGING DRAFT.docx

36H79725R0003

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.

UEI:

EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36H79725R0003 06-11-2025 LaTonya Whiteside 7087864985 07-17-2025

12:00PM

CDT

36H797 Department of Veterans Affairs OPAL/ National Acquisition Center Building 37 1st Avenue, One Block North of Cermak Hines IL 60141

X

Y 334517 1200 Employees

N/A

As indicated on individual delivery orders against this contract.

36H797 Department of Veterans Affairs OPAL/ National Acquisition Center Building 37 1st Avenue, One Block North of Cermak Hines IL 60141

36H797 Department of Veterans Affairs

CHIEF, FISCAL DIVISION (901A)

HINES SERVICE AND DISTRIBUTION CENTER

PO BOX 7005

HINES IL 60141-7005

FSC Group 6525- Radiology and Imaging systems, subsystems, and components along with maintenance services, training, and incidental services related to the purchase and installation of the equipment or updating the footprint of the suite.

Radiology and imaging systems include but are not limited to computed tomography (CT) scanners, magnetic resonance imaging (MRI) systems, radiographic systems (X-Ray), nuclear medicine, ultrasounds, computed radiography, magnetoencephalography, Positron Emission Tomography (PET)-CT, PET-MR scanners, cyclotrons, angiography cardiac catheterization, mammography systems, upgrades, repair parts, software, and accessories.

LaTonya L. Whiteside

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

36H79725R0003 ***** Begin Word Document - ' SOW: SOW' ***** Page 1 of Page 1 of

STATEMENT OF WORK

I. JOINT DEFENSE LOGISTICS AGENCY AND VETERANS ADMINISTRATION RADIOLOGY AND IMAGING SYSTEMS PROGRAM OVERVIEW

The Defense Logistics Agency Troop Support Medical Supply Chain (DLA) and the Department of Veterans Affairs National Acquisition Center (VA NAC) are responsible for the acquisition and management of radiology and imaging systems, subsystems, and components along with maintenance services, training, and incidental services related to the supply of the equipment for customers located in the United States and worldwide. The joint DLA/VA NAC Radiology and Imaging Systems Program was established to support the requirements of both agencies. The objective of this solicitation is to establish the second generation of the joint program with multiple-award Indefinite Delivery/Indefinite Quantity contracts utilizing FAR 16.505 (b) multiple-award ordering procedures. DLA and the VA NAC will divide up all submitted proposals for evaluation, award and administration. Each agency will then be able to issue orders against any contract, regardless of which agency administers the particular contract. Based on joint historical sales data, with approximate annual sales of $650 million, the total program estimate for the next 10 years is $6.5 billion.

II. CONTRACT SCOPE

This solicitation provides for the supply of radiology and imaging systems, subsystems, and components along with maintenance services, training, and incidental services related to the purchase and installation of the equipment or updating the footprint of the suite. This may involve some incidental construction work as contemplated under FAR 22.402(b)(2). This work is for extended installation services as required for site prep/turnkey installation that is non-separatable to the equipment deliverable within the 50 states and Washington, DC (CONUS) and Puerto Rico. The contracting officer will determine prior to award the applicability of FAR Subpart 22.4, Labor Standards for Contracts Involving Construction. See FAR 22.402(b).

Radiology and imaging systems include but are not limited to computed tomography (CT) scanners, magnetic resonance imaging (MRI) systems, radiographic systems (X-Ray), nuclear medicine, ultrasounds, computed radiography, magnetoencephalography, Positron Emission Tomography (PET)-CT, PET-MR scanners, cyclotrons, angiography, cardiac catheterization, mammography systems, upgrades, repair parts, software, and accessories.

Incidental services are standard commercial services that the contractor may be asked to perform in connection with supplying items under the scope of the contract. What constitutes an incidental service is fact specific and will be a function of factors such as type of service, amount charged for the service, dollar amount charged for the supplies, existence of a close relationship between the service and the item supplied, and the time required to perform the service.

Maintenance, calibration or repair of certain equipment that meets all the conditions set forth in FAR 22.1003-4 (c)(1)(ii.) are allowable as long as the vendor provides full certification under FAR 52.222-48 - Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Certification (MAY 2014). Third party multivendor maintenance is allowable if all conditions at FAR 22.1003-4 (c)(1)(ii.) are applicable.

The Government may issue delivery orders to lease equipment under the IDIQ contracts awarded from this solicitation based on a case-by-case evaluation of comparative costs and other factors and determination that it is to the Government’s advantage under the circumstances in accordance with FAR Subpart 7.4.

III. CONTRACT ADMINISTRATION

The Defense Logistics Agency Troop Support Medical Supply Chain (DLA) and Department of Veterans Affairs National Acquisition Center (VA NAC) are the only organizations authorized to administer contracts issued against this solicitation. Vendors will be notified during discussions or at time of contract award, if there are no discussions, which agency will be the designated administering agency which will evaluate, award and administer any resultant contract. After IDIQ contract award, only the Contracting Officer from the designated administrating agency can authorize any action at the IDIQ contract level, including basic contract modifications. The Government reserves the right to reassign Contract administration between agencies on an as needed basis.

IV. AUTHORITY TO ISSUE ORDERS

(a.) The Defense Logistics Agency Troop Support Medical Supply Chain (DLA) and the Department of Veterans Affairs National Acquisition Center (VA NAC) are the only activities authorized to place delivery orders under this IDIQ contract except as otherwise delegated in writing by the DLA or VA NAC. Any delegation may be rescinded unilaterally at any time through written notice to vendors. Both the VA NAC and DLA will issue orders directly against any IDIQ contract under the program, regardless of which agency is the designated administrating agency. The agency which issues a delivery order will be responsible for all administration functions for the given delivery order.

(b.) Orders may be issued in support of requirements from the Department of Defense (DoD), Department of Veterans Affairs (VA), other Federal Agencies/Organizations and foreign governments through the DoD foreign military sales programs. During the term of the contract DLA and VA NAC reserve the right to add other customer groups to be supported by this IDIQ contract.

(c.) Individual procuring activities of the Department of Veterans Affairs are hereby delegated authority to place delivery orders for their respective facility, for equipment valued at $50,000 or less under this contract. Also, individual procuring activities of the Department of Veterans Affairs are hereby delegated authority to place task orders for their respective facility, for required maintenance services at any value under this contract. Individual VA procuring activities will obtain pricing and maintenance information for a specific contract holder from the VA NAC at National Contract Service - Home (sharepoint.com). The delegation may be rescinded unilaterally by the VA NAC at any time through written notice to vendors.

V. DELIVERY REQUIREMENTS

(a.) Order delivery locations are located in both the contiguous United States (CONUS), which includes the 48 contiguous States and the District of Columbia as well as areas outside of the contiguous United States (OCONUS).

(b.) Vendors shall support all CONUS locations. Contract pricing should be provided on a F.O.B. Destination basis for all CONUS locations.

(c.) Vendors shall support Alaska, Hawaii, and U.S. Territories. Contract pricing should be provided on a F.O.B. Destination basis for Alaska, Hawaii, and U.S. Territories. Different F.O.B. Destination pricing other than offered for CONUS locations may be offered for Alaska, Hawaii, and/or U.S. Territories if it is consistent with commercial practice and can be determined as fair and reasonable by the Contracting Officer. Delivery dates will be agreed on between the facility and ordering CO at the ordering level. Acceptable price support information shall be provided by the vendor to substantiate different pricing than for CONUS deliveries.

(d.) Vendors may be asked to support OCONUS locations outside of Alaska, Hawaii, and U.S. Territories. For OCONUS locations outside of Alaska, Hawaii, and U.S. Territories; F.O.B. Destination pricing shall be established prior to order issuance to factor any additional shipping charges.

(e.) The Government reserves the right to issue orders Free on-board F.O.B. Origin basis.

(f.) The following delivery schedule shall be the minimum requirement for each order type unless the Government elects to use an alternate delivery schedule that is specified in the delivery order. Delivery shall be made within the identified number of calendar days after date of delivery order (ADO):

THE FOLLOWING APPLY TO ALL MODALITIES:

VA ORDERS: IF CLINICAL AND/OR TECHNICAL TRAINING IS INCLUDED THEN WITHIN 365 DAYS OF WARRANTY EXPIRATION

(e.) Delivery dates shall be coordinated prior to award and subsequently established on the award document (delivery orders/modifications). Delivery dates set forth by awards may be adjusted by issuance of a formal, bilaterally executed modification against the delivery order. Delivery dates shall be adjusted prior to the expiration of the original delivery date or a modified delivery date unless an excusable delay has been permitted by the contracting officer.

VI. DELIVERY ORDER PLACEMENT PROCEDURES

This solicitation will result in Multiple Award, Indefinite-Delivery/Indefinite-Quantity Contracts pursuant to FAR 16.505(b)(1). All contractors offering the required supplies will be considered for each order. The vendor completed Modality Matrix (Attachment 6) will be used to determine which contractors offer the required supplies and should be considered for an order.

The evaluation criteria for order selection will be tailored to each requirement. Pricing will always be a factor in order selection. Low price technically acceptable or trade-off factors may be used to make delivery order selections. All responding contractors to a notice will have a fair opportunity to submit an offer for evaluation, unless an exception in FAR 16.505(b)(2) applies. Any leasing action would also be in accordance with FAR 16.505.

Agency specific policies and regulations will be applied at the delivery order level by the issuing agency. VA requirements will be subject to VA policies and regulations while DoD requirements will be subject to DLA and DoD policies and regulations.

VII. CONTRACT LIMITATIONS

(a.) Maximum Contract Limitation.

A contract maximum shall be established by the Government for each individual contract through analysis of available information that may include analysis of previous sales, commercial sales, or other methods. This single maximum contract limitation shall apply for life of the contract, including the base year and all option years, if exercised. However, no single contract maximum shall exceed the program estimated value of $6.5 billion.

Note: Offers received after issuance of Amendment 0016 (CY 2025) are only eligible for a 5-year base contract with no option period. Furthermore, any language pertaining to Long Term Contract Options is applicable only to contracts awarded to solicitation opens prior to Amendment 0016.

(b.) Guaranteed Minimum.

The Government guarantees that it will order a minimum of $4,000 for the base period and $4,000 for the option period, if exercised under each individual IDIQ contract. The Government may fulfill the guarantee by a single delivery order or by any number of delivery orders.

VIII. CONTRACT BASE AND OPTION PERIODS

All contracts shall have a five-year base period and a single option to extend contracts for an additional five-year term.

Note: Offers received after issuance of Amendment 0016 (CY 2025) are only eligible for a 5-year base contract with no option period. Furthermore, any language pertaining to Long Term Contract Options is applicable only to contracts awarded to solicitation opens prior to Amendment 0016.

IX. GOVERNMENT INSPECTION, ACCEPTANCE, AND PAYMENT TERMS AND CONDITIONS

(a.) Payment Terms: Prompt Payment terms apply in accordance with FAR 52.212-4(i). Commercial interim payments in accordance with FAR 32.2 may be authorized.

(1.) Delivery Orders Requiring Installation:

(i.) Delivery orders for equipment/systems requiring installation will allow a commercial interim payment of 80% of the total price of the equipment/system. The initial 80% interim payment will be authorized after a vendor delivers all the equipment and the receipt of the equipment is confirmed by the Contracting Officer (see specific VA and DLA receiving, acceptance, and payment requirements/procedures discussed below). Upon receipt and approval of the receiving report and the contractor's properly submitted invoice, the 80% interim payment will be processed. For DLA awards, the 80% commercial interim payment will be under its own line item. For VA awards, evidencing of the items delivered may also constitute the contractor’s proof of delivery documents signed by the Government receiver.

(ii.) The remaining 20% of the total price of the equipment/system will be paid after installation has been completed and final inspection and acceptance has occurred. For DLA awards, the 20% portion will be under its own line item separate of the commercial interim payment.

(iii) Final payment will be made after all obligations under the delivery order have been satisfied. Invoices billing for underperformed work or undelivered items will be rejected.

Note: VA ISSUED DELIVERY ORDERS:

-Separately priced installation services shall be compensated following the completion of installation and not in advance of unperformed work. Delivery orders for equipment/systems requiring installation will allow a commercial interim payment of 80% of the total price of the equipment/system. Accordingly, the remaining 20% of the equipment price and full installation costs shall be compensated after final inspection and acceptance (or default acceptance).

(2.) Delivery Orders without Installation:

Delivery orders issued for equipment/systems not requiring installation shall be issued with 100% of the total price of the equipment/system being paid after final inspection and acceptance has occurred.

(b.) Final Inspection/Acceptance

(1.) Final Acceptance Procedures

Upon completion of installation and after contractor makes available to the using activity any training (e.g. initial applications and operator training) required by the manufacturer to properly use the equipment, the equipment shall be turned over to the facility for clinical use and the contractor shall furnish a written notice of readiness for inspection to the following Government personnel:

For VA Issued Orders:

NAC, VHA HTM/Biomedical Engineering, VHA Logistics, VA Ordering Facility POC.

For DLA Troop Support Issued Orders:

DLA Troop Support Biomedical Engineer, Service Logistics Agency, Customer, and using WAWF system (see DLA Invoicing Instructions)

Clinical use will be presumed to begin on the day after the notice of readiness for inspection is received by the Government. The using activity must notify the Contracting Officer, contractor, Service Logistics Agency (DLA issued DoD orders), DLA Troop Support Biomedical Engineer (All DLA issued orders) and VHA HTM/Biomedical Engineering (ALL NAC issued orders) if clinical use is not initiated at this time.

Submission of the notice of readiness for inspection, and any other notice required by this provision by electronic mail is acceptable, provided that the party giving such notice obtains and preserves electronic evidence of receipt at the email address or addresses of the party or parties who have a right to notice under this clause. The Government shall provide appropriate email addresses on the purchasing documentation.

(2.) Inspection and Testing

The Government shall have the right to inspect and test the equipment within thirty (30) calendar days after receipt of the notice of readiness for inspection (the 30-day period) or thereafter during the warranty period if the Government fails to inspect and test during this “30-day period”. The contractor shall provide the necessary technical and applications personnel to perform the inspection (and any re-inspections).

The Government shall provide notice of acceptance of the equipment or an unsatisfactory inspection/test results to the contractor within ten (10) calendar days after the date of inspection. The latter notice shall identify to the contractor any deficiencies found during the inspection and whether the deficiencies were significant or not and will provide the contractor fourteen (14) calendar days to correct such deficiencies. Contractors shall correct reported deficiencies at no additional cost to the Government and notify the Contracting Officer when all corrections have been made and the equipment is ready for re-inspection. Re-inspection(s) will be performed by the Government with all costs incurred chargeable to the contractor’s account.

Defect means a failure to provide products and/or services in conformance with the Government’s requirement (e.g., technical specifications or SOW).

Non-conforming equipment or services may be conditionally accepted at the sole discretion of the Government. Conditional acceptance means acceptance of supplies or services that do not conform to contract quality requirements, or are otherwise incomplete, that the contractor is required to correct or otherwise complete by a specified date.

(3.) Warranty Effective Date

Any applicable warranty period will commence on the date the notice of readiness for inspection was submitted unless the equipment is inspected during the 30-day period and one or more significant deficiencies are found and the system is taken out of clinical use. For systems failing the initial acceptance inspection and accepted after a Government re-inspection or re-inspections, the warranty period will commence on the date the notice of readiness for the successful re-inspection was submitted. If the Government determines only minor (i.e., non-significant) deficiencies are found during inspection and clinical use continues, the warranty date will commence on the date the notice of readiness for inspection was submitted.

(4.) Clinical Use

Clinical use means the delivered equipment as determined by the Government performs the basic intended clinical function of the system in a safe manner for the purpose for which it was designed, with most or all system functionality, allowing the equipment to be used clinically. Clinical use does not include initial patient examinations or procedures during applications training.

If the equipment is put into clinical use by the Government for thirty (30) calendar days after the inspection request, acceptance will occur thereafter as described below. However, if significant deficiencies in the equipment are identified during the 30-day period while it is clinical use and clinical use ceases, the procedures under “Clinical Use” will be followed. Clinical use is incompatible with and cannot continue in the event significant deficiencies are identified.

For systems in clinical use for thirty (30) calendar days without significant deficiencies being identified during inspection (if inspection occurs), the contractor will notify the Government that the system has been in clinical use for this time period, and request acceptance and payment. The Government will confirm with the customer whether or not clinical use has occurred for thirty (30) calendar days, and, upon positive confirmation, the Government will issue a notice of acceptance and authorize an appropriate payment document (WAWF for DoD; inspection report or receiving report for VA) within ten (10) calendar days after receiving the request. In the event the Government is notified by the customer that clinical use has not occurred for thirty (30) calendar days, the Government shall so notify the contractor within ten (10) calendar days after receiving the request for acceptance and payment. Within this notice, the Government will provide rationale for why the equipment was not used.

The failure of the Government to notify the contractor of its intent to dispute clinical use within ten (10) calendar days after receiving the request for acceptance and payment shall constitute acceptance on the part of the Government. Acceptance under this paragraph shall not preclude the Government from exercising its rights later under any remedy available to the Government by federal law or regulation. In the event the Government has not conducted an inspection of the equipment within thirty (30) calendar days of the date of the notice of readiness for inspection, during the period of clinical use, the Government shall have the right to inspect the equipment during the warranty period. Deficiencies discovered during the inspection shall be presented to the contractor for correction as appropriate under the terms of the warranty.

(5.) No Clinical Use

No clinical use means that delivered equipment does not perform the basic intended clinical function in a safe manner for the purpose for which it was designed and that most or all system functionality is not present, preventing the equipment from being used clinically during the 30-day period. If the equipment does not meet the criteria for clinical use, as defined in Section 4 of this clause, the system will not be accepted without formal testing under Section 2, and final payment will not be issued until after the equipment satisfactorily completes formal testing.

(6.) Final Acceptance/Rejection Procedures

In the event the equipment is not placed in clinical use for thirty (30) days, or is so placed and inspected and significant deficiencies are found, within seventy-five (75) calendar days after receipt of the notice of readiness for inspection, the Government shall:

(i.) accept the equipment; or (ii.) accept the equipment and request that identified defects be remedied under the contract’s warranty provisions; or (iii.) request the contractor propose an equitable offset in lieu of correcting defects or rejection; or (iv.) reject and request removal of the equipment.

This section is not intended to affect the parties’ rights and responsibilities provided in sections 1 through 5 and section 7 of the Acceptance Procedures clause.

When requested, the contractor shall propose offsets within five (5) calendar days. If agreement is not reached with the Government on such offsets within five (5) calendar days thereafter, additional discussion on offsets may continue at the mutual agreement of the contractor and Government, or, at the request of either party, the Government will cease any clinical use, reject and request removal of the equipment. In cases of an offset, where the equipment is accepted by the Government, the commencement of the warranty period will be established by the Contracting Officer.

If equipment is rejected and the contractor is requested to remove such equipment, the contractor shall completely uninstall all equipment items and remove them within 10 calendar days from the Government premises at the contractor’s expense.

(7.) Final Payment

Final payment is due 30 calendar days from the date of Government acceptance of the final invoice. In cases where the Government accepts an offset proposal, final payment (if any is owed) is due within 30 calendar days of the Government’s acceptance of the proposal.

(c.) Payment Office and Invoicing Instructions for VA Orders Only:

Contractors shall submit invoices for payment, to include lease payments, electronically to www.tungsten-network.com.

(d.) Payment Office and Invoicing Instructions for DLA Orders Only: Vendors shall use Wide Area Workflow (WAWF) for inspection, acceptance and invoicing. The following procedures will apply for all delivery orders:

(1.) The vendor shall send an official e-mail Notification of Delivery and Readiness for Inspection Testing (after delivery for orders requiring installation) or Notification of Installation Completion and Readiness for Inspection Testing (after installation or for orders without installation) to e-mail addresses specified in each order and copying the DLA Troop Support Biomedical Engineer. The Government shall have 30 calendar days to complete the Inspection Testing from the date of the e-mail notification. The subject line of this e-mail shall be “Installation Completion – Readiness for Inspection Testing Notification” or “Notification of Delivery” if requesting an initial 80% delivery payment. This e-mail shall include the following as a minimum:

(i.) Complete contract number including delivery order number.

(ii.) Description of the equipment and/or CLINs to be inspected.

(iii.) The Installation Location (Hospital/Facility Name, Room # & Base/City/State).

(iv.) Contractor’s notification POC information: Name, title, telephone # and e-mail address.

(v.) Contractor’s Inspection POC: Name, title, telephone # and e-mail address.

(vi.) Statement requesting customer to:

Attach any applicable documentation such as Proof of Delivery or customer signoffs to e-mail and WAWF receiving report.

An automated WAWF receiving report submission notification is not sufficient for the above notification requirement

(2.) Concurrently with sending of the official e-mail notification, the contractor shall submit a “Material Inspection and Receiving Report” in the form of an “Other/Other Receiving Report (RR) only” in Wide Area Workflow (WAWF).

Critical WAWF Codes for Other/Other Receiving Report:

Pay Office: SL4701 Issue By = SPE2D1 Admin By = Inspect By = Accept at Other = SPE2D1 Ship to: Provided in each delivery order

Errors in critical WAWF codes will result in delayed inspection of the receiving report and may require correction or resubmission prior to processing.

(3.) The DLA Troop Support engineer shall confirm delivery/inspection with the customer and “Inspect” (digitally sign) the receiving report within 30 calendar days, if no deficiencies are identified.

(4.) The DLA Troop Support Contracting Officer shall “Accept” the receiving report within the same allotted 30 calendar days. The Contracting Officer is the only Government representative who can authorize acceptance in WAWF.

(5.) After the inspection process is completed, the vendor shall create and submit an “Invoice Only” from the receiving report in WAWF. This results in a system generated e-mail stating that the invoice has been processed. Upon receipt of the contractor’s invoice, payment will be made in accordance with contract terms. Submitting an invoice prior to the processing of a receiving report may result in delay of payment.

X. WARRANTY

(a.) OPERATIONAL TIME

Unit must be operable and available for use 95% of the normal operational time until expiration of the warranty. Operational time will vary and is site specific. Operational time will be stipulated in each order. Downtime is computed from the time that the Contractor is notified by the Government that equipment is inoperable to the time repair is completed and equipment becomes operable. Scheduled maintenance will be excluded from downtime. Multiple failures to meet this requirement over a three consecutive month period may be grounds for termination for cause under paragraph (m) of clause 52.212-4, "Contract Terms and Conditions -- Commercial Products and Commercial Services ".

The repair request is considered cancelled if the Government for any reason prevents the contractor from accessing the equipment. This period of time shall not be considered as equipment downtime.

(b.) SERVICE DURING WARRANTY

The Contractor shall provide a minimum of a one-year warranty from the warranty effective date established by the Government at final acceptance that includes all parts, labor, preventive maintenance and adjustments necessary for normal operation of the equipment at a level meeting all requirements of the purchase description/salient characteristics/specifications.

NOTE: This specifically includes replacement of the CT and X-Ray tubes as necessary during the warranty period.

Maintenance (i.e. Preventive Maintenance) under warranty shall be scheduled with a designated person from the facility at least two weeks ahead of the time frame the routine maintenance is due. For example – if the routine maintenance is due July 15, then a schedule date should be agreed upon at least two weeks prior to the due date. Other service under warranty shall be provided within 24 hours of notice by the Government requesting maintenance or service under the warranty period. A service request will be issued upon any failure which degrades system performance but does not disrupt continued patient care.

(c.) EMERGENCY AND ROUTINE SERVICE All service covered by Warranty shall be provided during normal Government work hours as stipulated in the delivery order.

When the Government notifies the Contractor of an emergency service request, the Contractor shall provide a qualified engineer within 4 hours of the Government’s request to perform repairs if the notification is made during normal work hours excluding weekends and federal holidays. Telephone response does not satisfy this requirement. An emergency service request will be issued upon any failure in normal equipment operation which disrupts continued patient care.

Service not covered by Warranty such as those to be provided outside of normal Government work hours shall only be requested by a Contracting Officer at the local site and be performed under a different contract outside of this contract. All services performed outside of normal working hours without an appropriate Government contract/order being issued to cover the work shall be performed under a stand-alone contract issued by the local site.

(d.) SMALL PORTABLE HAND CARRIED ULTRASOUND WARRANTY SERVICE:

As part of warranty coverage, vendors may offer to repair/service small portable hand carried ultrasounds via shipment of the unit back to the vendor. The vendor shall provide the Government with a loaner unit offering the same or better functionality for the entire period of repair/service.

The loaner unit, any packaging/labeling materials needed for all shipping, and repair/service shall be provided at no cost to the government. Larger ultrasounds shall be repaired/serviced by a technician travelling to the site to do all work in accordance with above Warranty sections (a.) through (c.).

XI. EQUIPMENT REQUIREMENTS

(a.) AVAILABILITY OF PARTS AND SERVICE

The contractor shall ensure servicing and replacement parts are available, and that it is able to provide the parts for a period of ten (10) years after final acceptance.

(b.) OPERATOR TRAINING

The Contractor shall provide on-site orientation and training of a minimum of two Government personnel in the use, operation and care of the equipment furnished. This training shall include protocol installation (if needed), and on-site demonstration and operation of the equipment including any adjustments or other actions which may be undertaken by operating personnel in the event of equipment failure, provided that such adjustment or action will in no way jeopardize the Government's rights under contract warranty provisions. This training will be given by qualified contractor personnel upon completion of installation. The contractor shall contact the facility point of contact (POC) referenced in the delivery order to arrange the time for this training. That POC shall ensure that the personnel to be trained are present at the arranged training time and provide a certificate of completion to each personnel trained.

(c.) ALL OTHER TRAINING

Additional Training may be offered for Government consideration at the time a proposal is submitted or for addition after initial contract award. On delivery orders training shall be listed under its own delivery order line item, unless provided at no additional charge to the Government.

This training should be equivalent to what the contractor (Original Equipment Manufacturer) field service representatives receive and should include all prerequisite classes. All service manuals, schematics, diagrams, diagnostic software, other special tools and hardware keys equivalent to what the contractor field service representatives have available to diagnose, troubleshoot, repair and maintain the equipment shall be furnished to the government at no additional cost.

ONLY FOR VA ISSUED ORDERS: Both clinical and technical training should not expire until 365 days after the equipment warranty expires.

(d.) APPLICATION SOFTWARE AND OPERATING SYSTEM REQUIREMENTS

Application software (e.g. image acquisition, manipulation, reconstruction, analysis, display, etc.), and any Off the Shelf commercial Operating System (OS) necessary for operation and maintenance of the system being purchased, are to be provided by the contractor. The OS must be the latest major release currently available for purchase in the commercial marketplace or no older than one release prior to the latest major release. Older releases may be considered acceptable if authorized in writing by the requesting facility and approved by the Contracting Officer. Application software updates compatible with the offered system's hardware shall be kept current at no additional cost to the Government as long as the equipment is in use.

For the purpose of this section, updates are defined as all modifications to correct or improve system operation and current functions including known remedies for security vulnerabilities and shall be provided to the Government at no additional cost. Upgrades are defined as providing additional functions and shall be made available for purchase at the Government’s election.

Updates that are bundled with upgrades shall be provided at no additional cost. The contractor may restrict added upgrade functions if restriction does not limit existing functions.

Modifications of software by the Government will not be made without prior consent of contractor.

Government shall be able to reinstall vendor application software and operating systems (OS) on new hardware if the original hardware on which such software was installed fails.

Software and commercial OS provided must not be self-canceling, which is interpreted to mean the function of the software will not be stopped due to elapsing time or other condition not identified with the original equipment purchase. The prime contractor is responsible to ensure any third-party provided software is included in this restriction. No “renewable” licenses or agreements will be authorized.

The data rights clause found at FAR 52.227-19, Commercial Computer Software License (Dec 2007), is incorporated by reference into this solicitation and all resulting contracts and orders for equipment containing commercial computer software. However, the Government shall not have the right to unilaterally modify the commercial computer software if it is embedded in medical equipment. More specifically, the Government waives the right to modify such software that is granted in FAR 52.227-19(b)(2)(iv).

Additionally, the Government shall have networking rights for all commercial computer software that it acquires through contracts and orders for equipment awarded under this solicitation. The Government shall be the licensee, and all such software acquired shall be for a perpetual duration.

(e.) HARDWARE UPGRADES

(1.) All equipment and related peripherals contracted for shall be state-of-the-art technology. "State-of-the-art" is defined as the most recently designed components which are announced for marketing purposes, available, maintained and supported in accordance with requirements specified in the solicitation. Components and products with a manufacturer's planned obsolescence within one year of the initial offer expiration date when first submitting a proposal under the program solicitation or one year from the contract addition request date when adding items to an existing contract are not acceptable. For existing contract items, vendors are required to immediately notify the Contracting Officer when it is known that an item will become obsolete, provide the estimated obsolescence date, and disclose the obsolescence date in all offers. An alternative to the components or products, which are now obsolete, must be provided.

(2.) If hardware upgrades become available after award of a delivery order, but prior to delivery of the equipment, the contractor is required to inform the Contracting Officer.

(3.) The contractor's proposal for such upgrades shall include the following information:

(i) Pricing information, to include both the price of the equipment to be added and the equipment to be deleted.

(ii) Specific awarded items which shall be changed if the proposal is awarded.

(iii) Performance data, including both comparison to the specification requirements and to the equipment on contract.

(iv) 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.

(v) 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.

(vi) An analysis of the timeframe required to institute the change.

(f.) SERVICE BULLETINS

Service bulletins affecting safety, effectiveness, functionality, and/ or maintenance of equipment furnished under this contract shall be emailed to the receiving activity for the entire expected life of the product or a period of ten (10) years from the date of delivery, whichever is longer.

Service bulletins as well as any other special communications, such as, but not limited to, hazard alerts, safety notices, end-of-life notifications, and/or any other manufacturers’ letters shall be emailed to the Contracting Officer for the basic contract and all POC’s on any issued delivery orders. When applicable, this shall occur within FDA established timeframes from the date of a recall. Additionally, the following organizations shall be emailed:

For Center for Engineering & Occupational Safety and Health (CEOSH):

VHAHTMRMDWorkgroup@va.gov

National Center for Patient Safety, Veterans Health Administration, 24 Frank Lloyd Wright Dr, Ste M2100, Ann Arbor, MI 48106: VHANCPS@VA.GOV

(g.) PRODUCT CORRECTION, REMOVAL OR RECALL

If any product awarded under this solicitation requires correction as defined by FDA, is removed or recalled by the contractor or manufacturer due to defects in the product or potential dangers to patients, or if any required correction, removal or recall is suggested or mandated by a regulatory or official agency, the following steps will immediately be taken by the contractor or manufacturer:

a. All the following offices and points of contact should emailed and/or mailed a notification:

(1.) Chief, High Tech Medical Equipment, VA National Acquisition Center, P.O. Box 76, Building 37, Hines, IL 60141.

(2.) Manager, Product Recall Office, National Center for Patient Safety, Veterans Health

(3.) Biomedical Engineer, Center for Engineering & Occupational Safety and Health (CEOSH) (138F), Veterans Health Administration, 1 Jefferson Barracks Rd. Bldg. 65, St. Louis, MO 63125 or VHAHTMRMDWorkgroup@va.gov

(4.) Each individual VA Facility who purchased the product.

(5.) DLA Contracting Officer and Biomedical Engineer cited in the delivery order.

(6). National Radiology Program:

(7) DoD Service Recall POC and all facility POC’s referenced in the DLA delivery order

b. The following information must be provided in each individual notification that is forwarded to all above offices and points of contact:

(2.) Reasons for modifications, removal or recall.

(3) Proposed offers for return for credit, replacement or corrective action shall be forwarded to the facility POC and Contracting Officer, for consideration by the Government.

c. The vendor will be responsible for all costs associated with a recall.

d. The following additional information must be provided, in writing, to the above points of contact at the National Center for Patient Safety (NCPS) and Healthcare Technology Management regarding each individual notification that is forwarded to all above offices and points of contact:

(1.) Complete listing of ALL VA Facilities who purchased the product and the total number of affected product(s) at each facility.

(2.) National summary detailing the status of the actions being taken by the contractor or manufacturer regarding the product correction, removal, or recall at the affected VA Facilities.

(3.) Confirmation that all affected products were corrected, removed, or recalled at the affected VA Facilities and all expected actions were completed.

(h.) REPAIR PARTS FOR DEPLOYABLE SYSTEMS

The contractor shall guarantee that the Government will be able to purchase all required repair (spare) parts from the contractor for a minimum of 10 years from the date of final system acceptance. To affect efficient, easy purchase of repair (spare) parts by the Government, it is highly desired that vendors include all such spare parts in their price book. The availability, or lack thereof, of such repair (spare) parts in a vendor’s contract may be used as a factor in the delivery order selection.

(i.) OTHER ASSOCIATED TECHNICAL REQUIREMENTS ONLY FOR VA ISSUED ORDERS:

All vendors will provide service/maintenance/diagnostic software and associated security keys to provide for in-house service of the equipment once appropriate level of training has been completed. Where applicable, the vendor will renew the software license or security key for the duration of the installation at a VA facility. At a minimum, the service software will include system diagnostics down to board or module level, error codes and definitions, and system setup capabilities to include networking, DICOM configuration and peripheral connectivity. The diagnostic/service software will be equivalent to what the manufacturer’s service engineers use.

XII. CONTRACT AND DELIVERY ORDER PRICING REQUIREMENTS

(a.) The primary purpose of this solicitation is to provide for complete functional systems.

Systems shall be offered as complete and functional units capable of performing the functions specified. Contract price book item (part number) pricing and descriptions for all the components necessary to the final unit shall be provided in each offer. Items which are not separately priced but included as part of a particular component (i.e. cables, brackets, etc.) shall be referenced in the component descriptions.

(b.) Pricing Support for Price Reasonableness Determinations: For initial contract award, option exercise, any upward EPA adjustments and for any contract additions or changes the vendor shall provide other than certified cost or pricing data to support the reasonableness of the offered items, as requested by the Contracting Officer.

(1.) The contractor will be required to submit invoices and/or other documentation to substantiate commercial catalog prices and discounts for offered items.