STATEMENT OF WORK

1.0 TITLE

Maintenance Service Agreement for Two (2) Vision RT AlignRT & SRS Systems.

2.0 BACKGROUND

The Radiation Oncology Branch (ROB) within the Center for Cancer Research (CCR) at the National Cancer Institute (NCI) of the National Institutes of Health (NIH) owns two (2) VisionRT patient tracking systems. The purpose of these systems is to track the movements of patients undergoing external beam radiation treatment. This allows for more precise treatments of patient cancers. The systems are integral to the work of the Radiation Oncology Branch and are used extensively. As such, a comprehensive preventative maintenance and repair services are essential for continued operation. Preventative maintenance service is required to ensure the accurate and safe delivery of treatment radiation to patients while minimizing downtime.

During application of external beam radiotherapy (RT), the patient is normally able to remain motionless during the treatment. This is required to administer the correct dosage to the cancer and spare the healthy tissues. Any movement can cause the tissues to be irradiated incorrectly.

There are some situations in stereotactic radiosurgery (SRS) where motion cannot be controlled sufficiently. E.g. – breathing motion while treating the lung or chest. In these cases, an external camera monitoring system is employed to track a patient’s movements. This system is integrated with the treatment delivery system, and thus can trigger the delivery of radiation that is precisely coordinated with the correct positioning to ensure safe and accurate delivery of the treatment radiation. Therefore, the system must be maintained and in good operating condition for safe and effective use for patients and staff.

The primary objective of this acquisition is to secure a Maintenance Service Agreement (MSA) for the maintenance and support of two Vision RT AlignRT & SRS systems at the Radiation Oncology Branch, National Cancer Institute, National Institutes of Health. Additionally, the Contractor shall provide all software and hardware updates required for these systems to stay in compliance with that of the latest manufacturers.

4.0 SCOPE

The Contractor shall provide all labor, material and equipment necessary to maintain and provide preventive maintenance for the two (2) Government owned VisionRT Patient Motion Tracking Systems (serial number (SN#) 249-0083 and serial number (SN#) 249-0557). Additionally, the Contractor shall also provide all software and hardware updates required for the units to be equal to the latest commercial standard version.

All maintenance services shall be performed on-site in accordance with the Original Equipment Manufacturer’s (OEM) most current standard commercial maintenance practices. Onsite and emergency services shall be provided during standard business hours (defined as 8:00 am – 5:00 pm EST, Monday through Friday, excluding Federal Holidays found at www.opm.gov/policy-data-oversight/pay-leave/federal-holidays and extended hours (5:00 pm – 9:00pm EST, Monday through Friday) for any issues not able to be resolved remotely, or during normal business hours.

Software updates/services may be provided remotely as applicable. All travel, labor, materials, and related charges shall be included in the purchase order price.

http://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays http://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays

4.0 SPECIAL ORDER REQUIREMENTS

The Contractor shall provide all labor, materials, and equipment required to perform the following tasks:

4.1 Preventive Maintenance

The Contractor shall perform one (1) planned preventive maintenance during each twelve (12) month contract period. Technically qualified, factory-trained personnel shall perform service.

Service shall consist of a thorough cleaning, calibration, adjusting, inspection, and testing of all equipment in accordance with the manufacturer’s latest established service procedures. All equipment shall be operationally tested through at least one (1) complete operating cycle at the end of the preventive maintenance inspection to assure optimum and efficient performance. A report indicating the work performed shall be provided to NCI’s Contracting Officer’s Representative (COR) within three (3) business days of completion. The report shall be provided in electronic format (Word or PDF file).

4.2 TECHNICAL SUPPORT & EMERGENCY REPAIR

4.2.1 Emergency Service

The Contractor shall provide on-site, emergency repair service during the term of this contract at no additional cost to the government. Emergency service shall be provided during “working hours” defined as 8:30 am through 5:00 pm, local time, Monday through Friday excluding Federal Holidays.

Upon receipt of notice that any part of the equipment is not functioning properly, the Contractor shall respond by phone within one (1) hour, and provide within four (4) hours an on-site response with a qualified factory-trained service representative to inspect the equipment and perform all repairs and adjustments necessary to restore the equipment to normal and efficient operating condition. Emergency service calls shall not replace the necessity for planned preventative maintenance. All labor and travel will be provided by the Contractor and at no additional cost to the Government.

If the on-site response should be delayed for more than one (1) hour for any reason, the Contractor shall immediately provide a brief written notice via email to the COR, stating the reason and an estimated dispatch timeframe immediately upon identification of the on-site response delay.

Within three (3) days of the completion of any emergency repair services performed, the Contractor shall provide a brief emergency service report to the COR stating the equipment malfunction that occurred, the repair efforts, and the duration that was required to restore the equipment to operation. The emergency service report shall be provided in electronic format (Word or PDF file).

4.2.2 Replacement Parts

The Contractor shall furnish all required replacement parts at no additional cost to the

Government with the exception of consumables. Parts shall be new and shall meet Original Equipment Manufacturer (OEM) specifications. Upon identification of required parts, they shall be delivered within 24 hours, or the following business day should the request fall on a Friday, or preceding a Federal Holiday. If parts will take longer than 24 hours to be delivered for any reason, the Contractor must provide the COR with a notification stating the reason and estimated delivery timeframe immediately upon identification of delivery delay.

If parts will take longer than 24 hours to be delivered for any reason, the Contractor shall provide the TPOC with a notification stating the reason and estimated delivery timeframe immediately upon identification of delivery delay

4.2.3 Software Releases, Upgrades, and Updates/Service Support The Contractor shall provide Software Service and updates/upgrades in accordance with the manufacturer’s latest established service procedures, to include remote access (email and telephone access) to technical support for use of program software (applications support) and troubleshooting (fault diagnosis) of the operating systems, at no additional cost to the Government. The Contractor shall receive advance approval from the government for the installation of all software updates and revisions. Updates/Upgrades may be performed remotely if applicable. Defective software shall be replaced at no additional cost to the government.

“Update” or “Maintenance Release” means bug fixes, patches, and other error corrections to a Software Covered Product designed to enable the Software to conform to its documentation and that are made generally available at no additional cost to the licensees of such Covered Product;

Updates may be indicated by the number to the right of the second decimal in a software version number (e.g., version 2.1.1). “Upgrade” or “Upgrade Release” means upgrades, enhancements, and improvements to the features or functionality of Software that are released and marketed as Upgrades; Upgrades may be indicated by the number to the right of the first decimal in a software version number (e.g., version 2.1). “Version” or “Release” (including purchase options) means Software applications, modules, or releases of the Software that include new features or functionality and that are released and marketed as versions or purchase options;

Versions may be generally indicated by the number to the left of the first decimal in a software version number (e.g., version 2.0.1).

Installation of any software/updates shall be performed by a factory trained technician. The Contractor shall provide an electronic report to the COR per the within one (1) day after successful performance of software updates. This report must also include the reason for the updates, and any effect it may have on equipment operation.

4.2.4 Technical Support

The Contractor shall provide unlimited remote clinical technical and application support over phone, via remote access internet portal, and email (M-F 8am-9pm), excluding Federal holidays, at no additional cost to the Government. Upon receipt of notice that any part of the equipment is not functioning properly, the Contractor shall provide same-day telephone support within normal working hours to resolve the issue. If the issue cannot be resolved over the phone then qualified VisionRT factory-trained personnel shall be dispatched to arrive onsite within 24 hours of notice to inspect the equipment and perform all repairs and adjustments, or order parts necessary to restore the equipment to normal and efficient operating condition.

4.3 PERSONNEL QUALIFICATIONS

Only technically qualified factory-trained personnel shall perform service to the two Government-owned Vision RT AlignRT & SRS systems systems as covered by this contract.

All primary service personnel shall have at least one backup support person with at least the same level of expertise on the equipment covered by this contract.

4.4 SERVICE EXCLUSIONS

The Contractor shall not be responsible for any repairs necessitated by abuse, neglect, vandalism, Acts of God, fire or water. Should damage occur as a result of the aforementioned events, the Government reserves the right to obtain repairs needed as a result of such events via a modification to the purchase order, under a separate purchase order, or any other method deemed appropriate and in accordance with Federal Acquisition Regulations.

5.0 TYPE OF ORDER

This shall be a Firm Fixed-Price Purchase Order.

6.0 PERIOD OF PERFORMANCE

The period of performance shall consist of one (1) 12-month base period and four (4), 12-month option periods as follows:

Base Period: 09/30/2026 – 09/29/2027 Option Period One: 09/30/2027 – 09/29/2028 Option Period Two: 09/30/2028 – 09/29/2029 Option Period Three: 09/30/2029 – 09/29/2030 Option Period Four: 09/30/2030 – 09/29/2031

7.0 PLACE OF PERFORMANCE

Onsite services shall be performed at the following location:

NIH, NCI, Radiation Oncology Branch 10 Center Dr Building 10-CRC/Rm B2-3661 Bethesda, MD 20892

Note that access to the NIH campus is restricted. As such all contractor personnel will be required to access campus via designated entrances where they are subject to security screening.

Please refer to the NIH Security and Access site for more details: (www.nih.gov/about-nih/visitor-information/campus-access-security).

8.0 INSPECTION AND ACCEPTANCE

Pursuant to FAR clause 52.212-4, all work described in the SOW to be delivered under this purchase order is subject to final inspection and acceptance by an authorized representative of https://www.nih.gov/about-nih/visitor-information/campus-access-security https://www.nih.gov/about-nih/visitor-information/campus-access-security the Government. The authorized representative of the Government is the NCI Technical Point of Contact (POC) who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

Regardless of format, all digital content or communications materials produced as a deliverable under this purchase order, shall conform to applicable Section 508 Standards to allow Federal employees and members of the public with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by Federal employees or by members of the public who are not individuals with disabilities. Remediation of any materials that do not comply with the applicable Section 508 requirements as set forth below, shall be the responsibility of the Contractor.

HHS guidance regarding accessibility of documents can be found at:

https://www.hhs.gov/web/section-508/making-files-accessible/create-accessiblepdfs/index.html.

Federal Government-wide guidance regarding accessibility of documents can be found at https://www.section508.gov/, including the documents describing the preferred method of authoring and testing documents produced in Microsoft Word 2013 or later, Microsoft Excel, and files formatted as PDF.

9.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

All services delivered to the COR will be deemed to have been accepted 30 calendar days after date of delivery, except as otherwise specified in this task order, if written approval or disapproval has not been given within such period. The COR’s approval or revision to the services delivered shall be within the general scope of work stated in this task order.

COR: TBD at Award

a) Performance of work under this task order must be subject to the technical direction of the COR identified above. The term "technical direction" includes direction to the Contractor that fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(b) Technical direction must be within the scope of the statement of work. The Contracting Officer's Representative does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the statement of work;

(2) In any manner causes an increase or decrease in the task order price, or the time required for performance;

(3) Changes any of the terms, conditions, or requirements of the task order;

(4) Interferes with the Contractor's right to perform under the terms and conditions of the task order; or

(5) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(c) Technical direction may be oral or in writing. The Contracting Officer's Representative shall confirm oral direction in writing within five business days, with a copy to the Contracting Officer.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers Representative. If, in the opinion of the Contractor, any direction of the Contracting Officers, Representative, or his/her designee, falls within the limitations in (b), above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government business day.

10.0 DELIVERABLES AND DELIVERY SCHEDULE

DELIVERABLE REQUIRED FORMAT DUE DATE

Preventive Maintenance Service Report (Section 4.1)

Electronic, Word or PDF format

3 business days after completion of service

Emergency Service Dispatch Delay Notification

Electronic, via email Immediately upon identification of dispatch delay

Emergency Maintenance Service Report (Section 4.2.1)

Electronic, Word or PDF format

3 business days after completion of service

Software Updates/Revisions (Section 4.2.3)

Electronic, Word or PDF format

1 business days after completion of service

Delayed Delivery Notification (Section 4.3)

Electronic, Word or PDF format

Immediately upon identification of delayed deliveries

11.0 PAYMENT

Payment shall be made quarterly in arrears. The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats, or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.)

Untimely notification will be considered in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Unique Entity Identifier (UEI) which is in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number.

8. Federal Taxpayer Identification Number (TIN). In those rare cases where a contractor does not have a UEI number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice.

The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match the description on the award, by line billed.

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.

NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order.

If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

B. The Contractor shall submit invoices to the Department of Treasury’s Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy to the approving official, as directed below.

The Contractor shall submit a copy of the electronic invoice to the following NCI COR:

Name- TBD at Award Email Address- TBD at Award https://www.ipp.gov/

For inquiries regarding the status of invoices, contact OFM Customer Service via email at ofm_customer_service@incontactemail.com or via phone at 301-496-6088. To send your inquiries via other available communication methods refer to the OFM Customer Service website at https://ofm.od.nih.gov/Pages/Customer-Service.aspx.

Note: The OFM Customer Service is open Eastern Standard Time Monday – Friday from 8:30 a.m. to 5:00 p.m. and is closed between 12:00 p.m. to 1:00 p.m.

II. Invoice Payment

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. Interest Penalties

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition.

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS, FAR 52.232-40 (March 2023)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a mailto:ofm_customer_service@incontactemail.com https://ofm.od.nih.gov/Pages/Customer-Service.aspx proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

V. HHSAR 352.232-71 Electronic Submission of Payment Requests (February 2, 2022)

(a) Definitions. As used in this clause— Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), ‘‘Content of Invoices’’ and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

http://www.ipp.gov/