N00183-19-Q-0065_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

N0018319Q0065 20-Aug-2019

b. TELEPHONE NUMBER

757-953-5573

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 29 Aug 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001839. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PAULA M. POE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL MEDICAL CENTER

MMD/CONTRACTING DIVISION

ATTN: PAULA POE

54 LEWIS MINOR STREET

PORTSMOUTH VA 23708-2297

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N00183 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL MEDICAL CENTER

BIOMEDICAL ENGINEERING

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

TEL: 757-953-5336 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$20,500,000

NAICS:

811219

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF33

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0018319Q0065

Section A - Solicitation/Contract Form

CONTRACT ADMINISTRATION

PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY

NOTICE THAT WILL BE PUBLISHED.

The Department of the Navy (DoN) intends to negotiate a one-time sole source contract with, Abbott Laboratories Inc. 3200 Lakeside Dr, Santa Clara, CA, 95054-2807, is the sole source provider for the following Medical Equipment that meets DON's requirements:

1. ViewMate ZS3 ARM (New SW 6.4.2091L) / Ultrasonic Cardiac Scanning System

2. ZONARE A2CW / Transducer Ultrasonic

3. MINDRAY L8-3 / Transducer Ultrasonic RoHS

4. MINDRAY P8-3 TEE / Transducer Ultrasonic

5. MINDRAY P4-1C / Transducer Ultrasonic

The Government intends to negotiate with only one source under the authority of FAR 13.106 (b)(1)(i).

This notice will be distributed solely through the General Services Administration's Federal Business Opportunities (FBO) Website (www.fbo.gov). Interested parties are responsible for monitoring the FBO site to ensure they have the most up-to-date information about this acquisition. The North American Classification System Code is 811219, the size standard is 20.5 M

Based on market research conducted and contacts made with knowledgeable individuals within the government it has been determined DON's requirement can only be provided by Abbott Laboratories Inc as they are the sole authority authorized to provide these services.

This notice of intent is not a request for competitive quotations; however, interested parties may identify their interests and capability to respond to this requirement to this office by 12:00 pm, EST, 26 Aug. 2019 by email to the attention of Paula Poe, Contract Specialist, at paula.m.poe.civ@mail.mil. Information received will be considered solely for the purpose of determining whether or not to conduct a competitive procurement. Telephone requests will not be considered. A determination by the Government not to compete this proposed contract based upon response to this notice is solely within the discretion of the Government.

Administrative Data

VENDOR TO COMPLETE THE FOLLOWING:

COMPANY NAME: ______________________

TIN: ___________________

CAGE: ___________________

DUNS: ___________________

Vendor POC: ____________________ Phone: ____________________ Fax: ____________________ Vendor email: _________________________________

Naval Medical Center Portsmouth, VA Acquisition Office POC: Paula Poe Phone: 757-953-5573 Email: paula.m.poe.civ@mail.mil

Product/Services for: Naval Medical Center Portsmouth VA- Biomed Department POC: Frank Abano Phone: 757-953-5336 E-mail francisco.v.abano.civ@mail.mil

Vendor to reference RFQ Number: N00183-19-Q-0065 on all inquiries.

PAYMENT INFORMATION

Payment in Arrears (Check One): Monthly Quarterly _ Semi-Annually Annually *Please ensure that quoted price matches the choice above

PROMPT PAYMENT

For Prompt Payment Act Purposes, this contract is:

Subject to the 7-calender day constructive acceptance period.

Note: Vendor will be required to provide billing electronically via the WAWF Electronic Invoicing Method. For additional information, a review of the following web sites may be required: websites: https://wawf.eb.mil or http://wawftraining Email: usn.detrick.navmedlogcomftdmd.list.nmlc-wawf@mail.mil

DISCOUNTS

The vendor's initial response to this RFQ should reflect the Vendors' best price including all allowable discounts that are available to the Federal Government. Please identify all discounts that are being offered as part of the vendor's quote submission. The government does not intend to go out for a best and final offer.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Service & Technological Plan Agreement

FFP

Service & Technological Plan Purchase Agreement (Assurance Plus Service Plan & Extended Warranty Plan) for Naval Medical Center Portsmouth in accordance with the Performance Work Statement.P

**Please see below for Equipment & Price List** FOB: Destination

PSC CD: J065

NET AMT

FY 20 EQUIPMENT & PRICE LIST

ECN Service Plan MFG Equipment Type Equipment Description

Mfr. Serial No. Nameplate Model

Fee/Cost

136622 Assurance Plus Services Plan

St. Jude Medical

ViewMate ZS3 ARM (New SW 6.4.2091L)

Ultrasonic Cardiac Scanning System 37315C618H 8800000 $

136625 Extended Warranty Plan

St. Jude Medical ZONARE A2CW

Transducer Ultrasonic 10165826 8600000 $

136624 Extended Warranty Plan

St. Jude Medical MINDRAY L8-3

Transducer Ultrasonic RoHS 11602L5X118E 8400730 $

136623 Extended Warranty Plan

St. Jude Medical MINDRAY P8-3 TEE

Transducer Ultrasonic 10042TEE118E 8588830 $

136626 Extended Warranty Plan

St. Jude Medical MINDRAY P4-1C

Transducer Ultrasonic 14142P4X118D 8400430 $

TOTAL $

1001 1 Lot OPTION Service & Technological Plan Agreement

FFP

Service & Technological Plan Purchase Agreement (Assurance Plus Service Plan & Extended Warranty Plan) for Naval Medical Center Portsmouth in accordance with the Performance Work Statement.P

**Please see below for Equipment & Price List**

FY 21 EQUIPMENT & PRICE LIST

Description

Mfr. Serial No. Nameplate Model

Fee/Cost

136622 Assurance Plus Services Plan

St. Jude Medical

ViewMate ZS3 ARM (New SW 6.4.2091L)

Ultrasonic Cardiac Scanning System 37315C618H 8800000 $

136625 Extended Warranty Plan

St. Jude Medical ZONARE A2CW

Transducer Ultrasonic 10165826 8600000 $

136624 Extended Warranty Plan

St. Jude Medical MINDRAY L8-3

Transducer Ultrasonic RoHS 11602L5X118E 8400730 $

136623 Extended Warranty Plan

St. Jude Medical MINDRAY P8-3 TEE

Transducer Ultrasonic 10042TEE118E 8588830 $

136626 Extended Warranty Plan

St. Jude Medical MINDRAY P4-1C

Transducer

2001 1 Lot OPTION Service & Technological Plan Agreement

FFP

Service & Technological Plan Purchase Agreement (Assurance Plus Service Plan & Extended Warranty Plan) for Naval Medical Center Portsmouth in accordance with the Performance Work Statement.P

**Please see below for Equipment & Price List**

FY 22 EQUIPMENT & PRICE LIST

Description

Mfr. Serial No. Nameplate Model

Fee/Cost

136622 Assurance Plus Services Plan

St. Jude Medical

ViewMate ZS3 ARM (New SW 6.4.2091L)

Ultrasonic Cardiac Scanning System 37315C618H 8800000 $

136625 Extended Warranty Plan

St. Jude Medical ZONARE A2CW

Transducer Ultrasonic 10165826 8600000 $

136624 Extended Warranty Plan

St. Jude Medical MINDRAY L8-3

Transducer Ultrasonic RoHS 11602L5X118E 8400730 $

136623 Extended Warranty Plan

St. Jude Medical MINDRAY P8-3 TEE

Transducer Ultrasonic 10042TEE118E 8588830 $

136626 Extended Warranty Plan

St. Jude Medical MINDRAY P4-1C

Transducer

3001 1 Lot OPTION Service & Technological Plan Agreement

FFP

Service & Technological Plan Purchase Agreement (Assurance Plus Service Plan & Extended Warranty Plan) for Naval Medical Center Portsmouth in accordance with the Performance Work Statement.P

**Please see below for Equipment & Price List**

FY 23 EQUIPMENT & PRICE LIST

Description

Mfr. Serial No. Nameplate Model

Fee/Cost

136622 Assurance Plus Services Plan

St. Jude Medical

ViewMate ZS3 ARM (New SW 6.4.2091L)

Ultrasonic Cardiac Scanning System 37315C618H 8800000 $

136625 Extended Warranty Plan

St. Jude Medical ZONARE A2CW

Transducer Ultrasonic 10165826 8600000 $

136624 Extended Warranty Plan

St. Jude Medical MINDRAY L8-3

Transducer Ultrasonic RoHS 11602L5X118E 8400730 $

136623 Extended Warranty Plan

St. Jude Medical MINDRAY P8-3 TEE

Transducer Ultrasonic 10042TEE118E 8588830 $

136626 Extended Warranty Plan

St. Jude Medical MINDRAY P4-1C

Transducer

4001 1 Lot OPTION Service & Technological Plan Agreement

FFP

Service & Technological Plan Purchase Agreement (Assurance Plus Service Plan & Extended Warranty Plan) for Naval Medical Center Portsmouth in accordance with the Performance Work Statement.P

**Please see below for Equipment & Price List**

FY 24 EQUIPMENT & PRICE LIST

Description

Mfr. Serial No. Nameplate Model

Fee/Cost

136622 Assurance Plus Services Plan

St. Jude Medical

ViewMate ZS3 ARM (New SW 6.4.2091L)

Ultrasonic Cardiac Scanning System 37315C618H 8800000 $

136625 Extended Warranty Plan

St. Jude Medical ZONARE A2CW

Transducer Ultrasonic 10165826 8600000 $

136624 Extended Warranty Plan

St. Jude Medical MINDRAY L8-3

Transducer Ultrasonic RoHS 11602L5X118E 8400730 $

136623 Extended Warranty Plan

St. Jude Medical MINDRAY P8-3 TEE

Transducer Ultrasonic 10042TEE118E 8588830 $

136626 Extended Warranty Plan

St. Jude Medical MINDRAY P4-1C

Transducer

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Maintenance Services for Biomed Dept.-Naval Medical Center Portsmouth

PART 1

SCOPE OF WORK

1. GENERAL: This is a non-personal services contract to provide full contract support immediately upon award of a resulting order. The Government shall not exercise any supervision or control over the contract service providers performing the services herein.

Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide full maintenance support for the items listed in Section B and all support items / components as defined in this PWS except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Contractor shall be qualified / authorized by the OEM (IE: Certified Agent of the OEM) in the repair of all equipment listed within this contract. Certification of the OEM must be current (within 2 years) at all times prior to contract award and throughout contract period. Contractor and its employees shall maintain qualifications throughout entire contract period. In the event that a sub-contractor is used for this requirement, the sub-contractor must be a Certified Agent of the OEM. Qualification includes but not limited to the certification of all repair persons and repair facilities by the OEM as being trained / qualified to perform required repairs. The Government shall maintain the right to seek proof of qualification prior to award and anytime during contract period of performance.

Additionally contractor must have ready access to parts inventory of OEM replacement parts.

1.3 Objectives: Equipment listed in this contract will be maintained to meet the original equipment manufacturer’s (OEM) specifications.

1.4 Scope: This contract shall provide for maintenance services which include on-site corrective repairs, normal working hour coverage (8:00 A.M. to 4:30 P.M. Monday through Friday excluding Federal holidays); emergency service and routine preventive maintenance services to Department of Defense owned equipment, as listed on the: DD Form 1155 “Order for Supplies or Services”. It shall include all systems, subsystem components, and assemblies, (i.e.: contractor responsible for total maintenance of entire system). All maintenance provisions shall apply to hardware, firmware, and software, as appropriate, unless otherwise stated.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year and four

(4) Option Years. The Period of Performance reads as follows:

Base Year 15-OCT-2019 to 14-OCT-2020 Option Year I 15-OCT-2020 to 14-OCT-2021 Option Year II 15-OCT-2021 to 14-OCT-2022 Option Year III 15-OCT-2022 to 14-OCT-2023 Option Year IV 15-OCT-2023 to 14-OCT-2024

GENERAL INFORMATION

1.6 Quality Control (If applicable): The contractor shall develop and maintain an effective QCP to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which the contractor assures that the work performance complies with the contract requirements of the contract.

[The QCP is to be delivered, within 30 days after contract award or with the contractor’s proposal if it is an evaluation factor, three copies of a comprehensive written QCP shall be submitted to the Contracting Officer (KO) and Contracting Officer Representative (COR) within 5 working days when changes are made thereafter.] After acceptance of the QSP the contractor shall receive the KO’s acceptance in writing of any proposed change to the QC system.

1.7 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.8 Recognized Holidays:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.9 Hours of Operation: The contractor is responsible for conducting business, between the hours of 8:00 A.M. to 4:30 P.M., Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.10 Place of Performance: The work to be performed under this contract will be at a government facility.

1.11 Type of Contract: The government will award a FFP Contract.

1.12 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.13 Special Qualifications: The contractor is responsible for ensuring all employees possess and maintain current Information Assurance Technician (IAT) Level I professional certification during the execution of this contract.

1.13.01 The Contractor shall provide trained, experienced, English speaking personnel, labor, tools, diagnostic equipment, software, test phantoms, material, supplies, transportation, parts and equipment necessary to perform Preventive Maintenance (PM), Calibration (CAL), Safety testing (ST) and corrective maintenance.

1.13.02 The Contractor shall provide telephonic communications with the Government to discuss technical matters relating to the performance of this contract. A systems operator will be made available to answer technical questions regarding system operations and applications.

1.13.03 The Contractor Point of Contact (POC). Service calls shall be placed 24 hours a day, 7 days a week by calling a vendor supplied toll free response center. Qualified service reps are required to make a “best effort” to call back within 4-hours during normal business hours (8am – 5pm CST / Monday – Friday excluding Federal Holidays) to schedule service visit.

1.14 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.14.01 Contractors shall wear identifying badges at all times when conducting business inside a government facility.

1.16.02 To obtain a gate pass, refer to http://dbids.dmdc.mil/#!/register

PART 2

DEFINITIONS & ACRONYMS

2 DEFINITIONS AND ACRONYMS:

2.1 DEFINITIONS:

2.1.01 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.02 CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the government. This is the only individual who can legally bind the government.

2.1.03 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.04 DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.05 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.06 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.07 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.08 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.09 WORK WEEK. Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

ACOR Alternate Contracting Officer's Representative CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DD250 Department of Defense Form 250 (Receiving Report) DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation

HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs POC Point of Contact PWS Performance Work Statement

PART 3

CONTRACTOR FURNISHED ITEMS AND SPECIFIC TASKS

3 CONTRACTOR RESPONSIBILITIES AND SPECIFIC TASKS:

3.1 Basic Services. The contractor shall provide services for The Contractor representative(s) at each site is encouraged to request a pre-maintenance inspection prior to the onset of the contract. As all apparent discrepancies must be identified upon submittal of quote, any and all claims must be received within 30 days of contract award or prior to contract start whichever occurs first. All non-apparent / hidden discrepancies must be identified no later than the first scheduled preventative maintenance. Any claims resulting from hidden defects must be received within 30 days of first scheduled preventative maintenance. Any equipment found to be inoperable during this pre-maintenance inspection would be repaired using a separate purchase order. The cost of repairs shall not exceed contractor’s normal retail rate for required repairs. The government certifies that the equipment to be maintained under this contract will be in good operating condition on the effective date of this contract.

For the purpose of this contract, the clause, “good operating condition” means the conditions necessary for the equipment to function as intended without corrective maintenance. The Contractor agrees to leave the equipment in good operating condition at the expiration of this contract. During the final week of this contract, the Government will make final inspection of the equipment. Any correction of deficiencies noted during this inspection shall be resolved prior to contract end. The Government reserves the right to request the repair (at no additional cost to the Government) of items identified with latten defects after contract termination, when it has been determined that defects either are a result of contractor’s performance or should have been discovered during normal performance of work under this contract.

3.1.01 The government will be responsible for maintaining the proper environment, including utilities and site requirements necessary for the system to function properly as specified by the OEM.

3.1.02 The Government will operate the system in accordance with the instruction manual provided by the OEM.

3.1.03 The Government will not be responsible for the damage or loss due to fire, theft, accident, or other disaster of Contractor supplies, materials, or for the personal belongings brought onto Government property by Contractor’s personnel.

3.2 Contractor Furnished Property and Material.

3.2.01 The Contractor shall provide all service literature, reference publications, laptop computers and diagnostic software to be used by the contractor service technicians and as required for the completion of the services in accordance with this contract.

3.3 Replacement Parts.

3.3.01 The Contractor shall have ready access to unique and/or high mortality replacement parts. All parts supplied shall be compatible with the existing system. In the event that replacements parts are required to be shipped. Shipping shall be performed in the fastest reasonable means possible (i.e., next day air) at no additional cost to the Government.

3.3.02 The Contractor shall at their expense, replace all worn or defective parts necessary to restore the equipment to 100% operational condition as specified by the OEM. Vendor is not responsible for consumable items.

3.3.03 Contractor installed replacement parts shall become the property of the Government and the replaced malfunctioning part shall become the property of the Contractor. Replaced items shall be properly disposed of at no additional cost to the Government (contractor to pay all “environmental fees” where required).

3.3.04 Freight, postage, and storage charges associated with shipment and receipt of replacement parts, and the return of parts shall be the responsibility of the Contractor.

3.3.05 All replacement parts shall be new and certified as OEM replacement parts. In the event that new parts are not available, rebuilt parts and sub-assemblies are allowed provided that they are warranted to be free of defects for a period of time that meets or exceeds warranties of similar replacement parts. The contractor shall specifically annotate on the final Field Service report the use and identification of rebuilt parts and the period of warranty. When discrepancies occur, the Government will make the final determination on whether a replacement part is of equal or better quality. Replacement parts must maintain the integrity of system / equipment certification to include compliance with any UL, AMA, JACHO, Manufactures Certifications or any other certifications as they apply.

3.3.06 The Contractor must include software revisions and updates (field service changes), which are required due to FDA, or manufacturer announced safety-hazard recall, to include FDA Year 2000 Compliance Directive, as part of the contract at no additional cost to the Government. Updates shall be performed as soon as possible after release, but no later than the first scheduled Preventative Maintenance Inspection after release. For any updates that have been identified as critical, or required for the proper operation of equipment by the OEM, contractor shall provide installation within 30 days of release regardless of Preventative Maintenance Schedules.

3.3.07 The Contractor shall at their expense, replace all worn or defective parts necessary to restore the equipment to 100% operational condition as specified by the OEM. Vendor is not responsible for consumable items.

3.3.08 Contractor installed replacement parts shall become the property of the Government and the replaced malfunctioning part shall become the property of the Contractor. Replaced items shall be properly disposed of at no additional cost to the Government (contractor to pay all “environmental fees” where required).

3.3.09 Freight, postage, and storage charges associated with shipment and receipt of replacement parts, and the return of parts shall be the responsibility of the Contractor.

3.3.10 All replacement parts shall be new and certified as OEM replacement parts. In the event that new parts are not available, rebuilt parts and sub-assemblies are allowed provided that they are warranted to be free of defects for a period of time that meets or exceeds warranties of similar replacement parts. The contractor shall specifically annotate on the final Field Service report the use and identification of rebuilt parts and the period of warranty. When discrepancies occur, the Government will make the final determination on whether a replacement part is of equal or better quality. Replacement parts must maintain the integrity of system / equipment certification to include compliance with any UL, AMA, JACHO, Manufactures Certifications or any other certifications as they apply.

3.3.11 The Contractor must include software revisions and updates (field service changes), which are required due to FDA, or manufacturer announced safety-hazard recall, to include FDA Year 2000 Compliance Directive, as part of the contract at no additional cost to the Government. Updates shall be performed as soon as possible after release, but no later than the first scheduled Preventative Maintenance Inspection after release. For any updates that have been identified as critical, or required for the proper operation of equipment by the OEM, contractor shall provide installation within 30 days of release regardless of Preventative Maintenance Schedules.

3.4 Contractor Report Requirements.

3.4.01 During normal duty hours, Contracted Field Service Engineer (FSE) personnel shall check-in with the Biomedical Engineering Division upon arrival at the Government site and again prior to departure. (Biomedical Engineering located in Build-250 1st floor;

757-953-5336). The Contractor FSEs shall personally notify Biomedical Engineering (BME) of problems that result in the equipment being left disabled upon their departure.

After normal duty hours, Contractor FSE’s shall notify the Officer of the Day Desk (Bldg 2, 2nd Floor) and the systems operator designated by BME.

3.4.02 The Contractor shall provide to BME a full service report within two (2) days after completion of all service performed. The service report shall include, but not be limited to: contract number, equipment description (model, serial number, equipment control number) contractor’s log number, detailed description of the service(s) performed, replacement part(s) information (part number, part value, nomenclature, unit price, manufacturer, if not OEM, and whether the part is new/used/reconditioned), the completion date and time, man-hours expended, model and serial numbers, and the name of the FSE performing the service. In the event that agents / sub-contractors are used in the performance of repairs, said agent shall be identified on the service report by company name and contact information (i.e., telephone number). Additionally contractor will be required to affix a tag on equipment upon the completion of a preventative maintenance inspection. Tag may either be a “sticker” or “hanging tag”. As a minimum the tag shall contain: the name of the contractor, technician performing inspection and date of inspection legibly printed.

3.5 Contractor Responsibility.

3.5.01 The Contractor shall be responsible for the repair/replacement of damaged Government owned equipment and property due to the negligence of the Contractor or his representatives. All such replacement or repair shall be at the Contractor’s expense and shall be inspected to the satisfaction of the KO or appointed representative.

3.6 Preventive Maintenance Services.

3.6.01 In accordance with Naval Medical Logistics Command (NAVMEDLOGCOM) Risk

Assessment Criteria, preventive maintenance shall be performed once a year in accordance with the Original Equipment Manufacturers (OEM) recommendations.

3.6.02 (The Government Fiscal Year runs: October through September). The Contractor shall make a best effort to schedule and complete preventive maintenance services prior to the 15th of the selected month, but no later than the last day of the month.

AS REQUESTED BY BIOMED

3.6.03 All test equipment used in the performance of this contract must be calibrated (if required / as required by manufacture of test equipment) and shall be in compliance with Joint Commission on Accreditation of Healthcare Organizations (JCAHO), Original Equipment Manufacturer (OEM) and Federal Drug Administration (FDA) standards as required.

3.7 Corrective Maintenance.

3.7.01 Normal working hour maintenance coverage will be Monday through Friday, between

8:00 A.M. to 4:30 P.M. A contractor Service Tech shall respond via telephone within 4 hours after receipt of trouble call, and make a best effort to provide on-site service no later than the close of business (4:30 pm) on the next business day. Vendor is to make a best effort to have all equipment operational within 72 hours of initial on-site response.

3.7.02 In the event that emergency service outside the normal working hours are required by the Government, additional work shall be billable to the Government at published commercial rates, and negotiated and approved by a Contracting Officer prior to services rendered.

3.7.03 Government request for corrective maintenance will be placed by BME, to the

Contractor’s POC. Corrective Maintenance shall be completed during the hours specified in the contract.

3.7.04 The Contractor shall assign a unique Log/Reference Number to each Government request for corrective Maintenance.

3.7.05 Contractor’s response to requests for service may include telephone consultation with the equipment user/operator and a Contractor FSE. Telephone consultation shall: 1) provide instruction in determining operator error; 2) to determine the most likely cause of the problem; 3) to determine if resolution of the problem requires the dispatch of a FSE; and

4) to identify replacement parts likely to be required in order to return the equipment to 100% operational condition as specified by the OEM.

3.7.06 Contractor’s pricing shall be inclusive of all cost including parts, labor, travel and shipping, unless otherwise indicated. Any/all exclusions are listed as follows:

No Exclusions

3.7.07 The Contractor shall have his/her own service manuals, specifications, schematic diagrams, and parts lists to assist in the evaluation/repair of all equipment included in this contract.

3.8 Removal of Government Property.

3.8.01 Whenever the repair of equipment cannot be performed at the Government site as determined by the Contractor, the Contractor shall notify BME who will make arrangements for the Contractor to remove the item to the Contractor’s designated site.

The Contractor may be required to sign a Government form accepting responsibility for the Government equipment. The Contractor shall provide a detailed description of removed items. For associated items / accessories, contractor to provide a detailed description and quantities of items to be removed. Description to include as a minimum manufacturers serial numbers and equipment control number (ECN) of all equipment / items removed. In the event that items / sub-assemblies / accessories are repaired via “Repair by Replacement” a detailed description of replaced items is to be included upon return of repaired components.

3.8.02 All charges resulting from a Contractor determined requirement to transport Government owned property, covered by this contract, to and from an alternate repair location shall be the responsibility of the Contractor.

3.9 Equipment Modification Upgrades.

3.9.01 The Contractor shall only incorporate OEM specified modifications, alterations and upgrades. Approval shall be obtained from BME prior to the Contractor installation of any modification, alteration, or upgrades.

3.9.02 The Contractor shall maintain contact with the OEM to determine the requirement for field modifications and to ensure accomplishment of these modifications in accordance with the time schedule set forth by the OEM.

3.9.03 The Government shall not alter the system without prior notification to the Contractor.

3.9.04 The contractor at no additional cost shall provide software updates to the Government.

Installation of updates will be left to the discretion of the Government. All supplied software is to be warranted current and free of defects such as viruses.

3.10 Service beyond the Scope of the Contract.

3.10.01 The Contractor shall immediately, but not later than 24 consecutive hours after discovery, notify BME, in writing, of the existence or the development of any defects in, or repair required to the scheduled equipment, which the Contractor considers they are not responsible for under the terms of this contract.

3.10.02 At the same time of the notification, the Contractor shall furnish BME with written estimate of the cost to make the necessary repairs. Repairs considered by the Contracting Officer to be outside the scope of this contract shall not be covered under this contract, but shall be ordered under a separate purchase order.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

Section F - Deliveries or Performance

NMCP HOURS OF OPERATION

Naval Medical Center Portsmouth (NMCP) of Operation:

NMCP Receiving Dock is open Monday through Friday 0700 to 1600 (7:00 a.m. to 4:00 p.m.), Excluding federal holidays. Receiving personnel may be reached at 757-953-5770.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-OCT-2019 TO

14-OCT-2020

N/A NAVAL MEDICAL CENTER

BIOMEDICAL ENGINEERING

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

757-953-5336

N00183

1001 POP 15-OCT-2020 TO

14-OCT-2021

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 15-OCT-2021 TO

14-OCT-2022

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 15-OCT-2022 TO

14-OCT-2023

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 15-OCT-2023 TO

14-OCT-2024

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

____________Invoice_2 in 1 Service ______________________________________________

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0248

Issue By DoDAAC N00183

Admin DoDAAC** N00183

Inspect By DoDAAC N/A

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N00183

Accept at Other DoDAAC N/A

LPO DoDAAC N00183

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

_USN.DETRICK.NAVMEDLOGCOMFTDMD.LIST.NMLC-WAWF@MAI.MIL___

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

NMCP SPECIAL CLAUSES

NMCARS-5237.102-90 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING

APPLICATION (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for Naval Medical Center, Portsmouth via a secure data collection site.

Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://www.ecmra.mil

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil.

(End of Text)

PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION

1. Introduction

In accordance with DoD 6025.18-R “Department of Defense Health Information Privacy Regulation,” January 24, 2003, the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Business Associate agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02, as amended. Additional requirements will be addressed when implemented.

a. Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02.

(1) HITECH Act shall mean the Health Information Technology for Economic and Clinical Health Act included in the American Recovery and Reinvestment Act of 2009.

(2) Individual has the same meaning as the term “individual” in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

(3) Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

(4) Protected Health Information has the same meaning as the term “protected health information” in 45 CFR 160.103, limited to the information created or received by the Business Associate from or on behalf of the Government pursuant to the Contract.

(5) Electronic Protected Health Information has the same meaning as the term “electronic protected health information” in 45 CFR 160.103.

(6) Required by Law has the same meaning as the term “required by law” in 45 CFR 164.103.

(7) Secretary means the Secretary of the Department of Health and Human Services or his/her designee.

(8) Security Incident will have the same meaning as the term “security incident” in 45 CFR 164.304, limited to the information created or received by Business Associate from or on behalf of Covered Entity.

(9) Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C.

(10) Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304, and 164.501.

b. The Business Associate shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.

c. The Business Associate shall use appropriate safeguards to maintain the privacy of the Protected Health Information and to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract.

d. The HIPAA Security administrative, physical, and technical safeguards in 45 CFR 164.308, 164.310, and 164.312, and the requirements for policies and procedures and documentation in 45 CFR 164.316 shall apply to Business Associate. The additional requirements of Title XIII of the HITECH Act that relate to the security and that are made applicable with respect to covered entities shall also be applicable to Business Associate. The Business Associate agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.

e. The Business Associate shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of Protected Health Information by the Business Associate in violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the TMA Breach Notification Standard Operating Procedure (SOP), which is available at:

http://www.tricare.mil/tmaprivacy/breach.cfm

f. The Business Associate shall report to the Government any security incident involving protected health information of which it becomes aware.

g. The Business Associate shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Business Associate becomes aware.

h. The Business Associate shall ensure that any agent, including a sub Business Associate, to whom it provides Protected Health Information received from, or created or received by the Business Associate, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Business Associate with respect to such information.

i. The Business Associate shall ensure that any agent, including a subBusiness Associate, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.

j. The Business Associate shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the

Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.

k. The Business Associate shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government.

l. The Business Associate shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Business Associate, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government’s compliance with the Privacy Rule.

m. The Business Associate shall document such disclosures of…