N6264518Q0026.docx

N6264518Q0026

Section SF 1449 - CONTINUATION SHEET

CONTRACTOR SUPPORT

Notice: Navy Use Of Support Contractor For Contract Closeout Functions

Naval Medical Logistics Command (NMLC) uses two private contractors in support of the contract closeout process. Those companies are Contracting Resources Group (CRG) of Federal Hill, MD, doing business under the authority of the Small Business Administration’s 8(a) program and the Ability One Program, doing business under the authority of the Javits-Wagner O’Day Act (41 U.S.C. § 47).

The contract closeout process includes activities such as processing deobligation modifications, obtaining contractor and requiring activity concurrence, preparing the DD-Form 1594 (Contract Completion Statement), and preparing closed files for archiving. Support contractors may perform additional administrative duties, including filing and processing simple administrative modifications. Performing these functions require the contractor employees to have access to the contract file. Therefore, information the Contractor provides to the Government or information already in the possession of the Government may be viewed by these support contractors in the course of performing contract close-out functions. The information that may be made available to the contractor may include pricing and technical responses and performance information.

NMLC has signed Non-Disclosure Agreements with each support contractor employee and has required both contractors to provide a Conflict of interest Mitigation Plan to ensure these employees are firewalled from all business development activity.

By signature of this contract, the quoter consents to access of their business sensitive/confidential or proprietary data by the Government’s support contractor personnel in order to perform close out services.

PERFORMANCE WORK STATEMENT

Anesthesia Unit, Anesthesia Patient Monitoring and Recording Device Maintenance & Service Naval Medical Center Portsmouth, VA

1.0. GENERAL INFORMATION

Naval Medical Center Portsmouth (NMCP), located at 620 John Paul Jones Circle, Portsmouth, VA 23708, has a requirement for a non-personal services contract to maintain designated, Government-owned anesthesia units and anesthesia patient monitoring and recording equipment, manufactured by Draeger, Inc. (Draeger). Technical Exhibit 1 references the full equipment list. Maintenance and support shall be provided for a one (1) year base period of performance from 01 October 2018 through 30 September 2019, including four (4) one-year option periods to extend service through 30 September 2023.

1.1. Scope. The Contractor shall maintain all equipment identified in Technical Exhibit 1. The Contractor shall maintain the systems within the original equipment manufacturer’s (OEM) specifications, in accordance with all U.S., State, and Local laws and regulations, U.S. Navy regulations, instructions, and Joint Commission requirements. The Joint Commission’s requirements are specified in its Comprehensive Accreditation Manual for Hospitals (CAMH), readily found on https://www.jointcommission.org/. United States (U.S.) Navy regulations and instructions will be made available upon request. The Contractor shall maintain any networkable systems such that they meet Navy and Defense Health Agency (DHA) Cybersecurity requirements.

1.1.1. This firm, fixed-price (FFP) contract shall include unlimited telephone support (twenty-four (24) hours a day, seven (7) days a week, three-hundred and sixty-five (365) days a year), preventive maintenance, calibrations, safety testing, inspections, corrective maintenance tasks, and unlimited emergency responses by the Contractor’s Field Service Engineers (FSEs) for all medical devices identified in Technical Exhibit 1. This contract shall provide scheduled and unscheduled support/service coverage between the hours of 0800 and 1700 (Eastern Time), Monday through Friday, excluding the United States Federal Government holidays that are identified online at the following site: https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/holidays-work-schedules-and-pay. Emergency repair services, labor, and parts shall be available twenty-four (24) hours a day, seven (7) days a week.

1.1.2. All maintenance provisions shall apply to hardware, firmware, and software, as appropriate, unless otherwise stated. The Contractor shall provide all parts, labor, materials, travel, personnel, supervision, and freight shipping for the scheduled, preventive, and corrective maintenance of all equipment identified. When product recalls or updates are necessary to maintain the contractual equipment inventory within the OEM’s specifications, the Contractor shall obtain and install, as directed by the OEM and/or the Food and Drug Administration (FDA) recall instructions.

1.1.3. The aggregate amount of equipment covered under the contract shall fluctuate over time, as hardware and software eclipse useful life and as new equipment comes off warranty. However, the aggregate requirement and level of effort will remain relatively constant over the life of the contract. Any changes to the equipment list will be executed through a contract modification.

1.2. Government Points of Contact.

Contracting Officer’s Representative:

POC: To be determined prior to award.

Position: To be determined prior to award.

Department: To be determined prior to award.

Facility: To be determined prior to award.

Phone: To be determined prior to award.

E-mail: To be determined prior to award.

2. DEFINITIONS. As used throughout this work statement, the following terms shall have the meaning set forth below:

2.1. Calibration: This activity should be the procedures for the mechanical adjustments of the device to ensure consistent, standardized performance or output as per the original equipment manufacturer recommendations.

2.2. Contracting Officer (KO): A warranted representative of the federal Government who has the express authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The KO is the only person authorized to approve changes to any terms, conditions, or requirements of the contract.

2.3. Contracting Officer’s Representative (COR): A Government employee appointed by the KO and responsible for the inspection, evaluation, and acceptance of products and services provided in accordance with the terms and conditions of the contract.

2.4. Contractor Performance Assessment Reporting System (CPARS): Web enabled application that collects and manages the library of automated CPAR’s.

2.5. Corrective Maintenance: Repair, adjustment, calibration, software manipulation and updates or other action taken to return a piece of equipment to original manufacturers specifications following a failure, damage, or other incident that causes the product to no longer perform within the original specifications.

2.6. Defense Medical Logistics Standard Support (DMLSS): The automated procurement, maintenance, and supply system utilized to document various material management functions within the command, and throughout the Department of Defense.

2.7. Emergency Repair: Corrective actions necessary to restore functionality to equipment so as to prevent causing physical harm to the patient, on which the equipment is being utilized. Or, corrective actions necessary to restore functionality to equipment when overall equipment inventory is at such high utilization level and low surplus level that each system in the inventory must be functional.

2.8. Field Service Report (FSR): Documentation completed by contractor personnel to officially record all instances of contracted troubleshooting, work, and services conducted on equipment. Specifics on required reporting details can be seen in Section 3.9.2.

2.9. Inspections: The activity of doing functional testing and safety inspections of a medical device at regular intervals to ensure that the equipment is safe for use in accordance with manufacturer’s recommended procedures.

2.10. ISO 9001: The ISO 9000 series is a set of five individual, but related, international standards on quality management and assurance. These standards were developed to effectively document the quality system elements to be implemented in order to maintain an efficient quality system in a company. ISO 9001 is the most comprehensive standard covering design, manufacturing, installation, and servicing systems.

2.11. Medical Treatment Facility (MTF) or Patient Care Facility: All gross square footage for building with a primary function of delivering Government health care services. (i.e. hospital or clinic, including all activities providing outpatient and/or inpatient health services for authorized patient care)

2.12. Original Equipment Manufacturer (OEM): The company that has created a specific model of product/device.

2.13. Preventive Maintenance: Preventive maintenance is used to describe those periodic and “as required” services necessary to maintain equipment in an operating condition which minimizes corrective maintenance, including but not limited to calibration, adjustment, lubrication, updating software for security, safety or system functionality issues, as well as that testing required to maintain a safe environment of care which includes electrical safety testing, output testing, replacement of batteries and other shelf life components on a scheduled basis (which becomes corrective maintenance if the component fails due to lack of preventive maintenance).

2.14. Quality Assurance (QA): Actions, including inspections, performed by the Government to determine whether products and services conform to contract requirements.

2.15. Quality Assurance Evaluator (QAE): A Government employee responsible for performing quality assurance functions for a contracted service.

2.16. Quality Control (QC): Actions, including inspections and preparation of inspection records, performed by the Contractor to ensure that products and services conform to contract requirements.

2.17. Scheduled Parts Replacement (SPR): This is the activity of listing of parts that need replacing at certain intervals. This may be either hour-based or date-based, in accordance with manufacturer’s specifications.

2.18. Uptime: Uptime is defined as that time, during the clinical areas’ normal business hours, when the equipment is available for clinical use without restrictions to the quality of the results, and without safety hazards to the patient, staff, or visitors.

3. PERFORMANCE REQUIREMENTS: The Contractor shall provide equipment maintenance services to include all periodic planned maintenance and unscheduled repairs, in accordance with OEM specifications and in compliance with ISO 9001 standards, to include repairs necessitated by operator error. The Contractor shall possess ISO 9001 certification. A copy of the certification shall be provided upon request. Upon completion of each preventive maintenance visit and each corrective maintenance visit, FSEs shall submit a signed service report, in English, to the COR and the NMCP Biomedical Equipment Repair Department, herein referred to as BIOMED, for data entry into DMLSS. The service report shall include all information outlined in Section 3.9.2 of the contract.

3.1. Service Contractor’s Qualifications: The Contractor shall be an OEM-certified service provider. The Contractor shall verify that an individual whom it plans to employ or continue to employ in the United States is authorized to accept employment in the United States. Individuals such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications may have employment authorization as a direct result of their immigration status.

3.1.1. Field Service Engineers (FSEs) shall be authorized by the OEM-certified service contractor to perform the required maintenance services. The Contractor shall ensure that all field engineers possess current OEM-certification level training on all devices encompassed in the equipment list. FSEs shall have sufficient experience to demonstrate proficiency in maintenance of the Government-owned product(s).

3.1.1.1. Experience of at least three (3) years working on a class of equipment, or over one (1) year on the specific make and model is sufficient to indicate experience. Substantially more time may be required based upon the technology involved. Occasional experience with a limited set of equipment does not meet the requirements of this contract.

3.1.1.2. The service Contractor shall provide, to the COR, written assurance of the competency of its personnel as well as a list of credentials of approved FSEs. This assurance shall be provided upon award and when new employees are added. The KO and/or COR may authenticate the training requirements and request training certificates or credentials from the Contractor at any time.

3.1.1.3. Government Right of Refusal: NMCP reserves the right to reject any of the service Contractor’s personnel and refuse them permission to enter the premises or work on Government-owned equipment. This right may be exercised at any time. The reasons for rejections may include: lack of training and experience, but may also include, but not be limited to: behavior, attire, security concerns, and immigration status. If right of refusal is exercised regarding certain service contractor personnel due to just cause, the Contractor is not excused from completing contractually required tasks in adherence to terms and conditions of this contract.

3.1.1.4. FSEs shall provide all parts, labor, materials, travel, personnel, supervision, and freight shipping necessary to complete repairs and preventive maintenance on all equipment listed within this contract and shall not invoice Navy Medicine, Naval Medical Logistics Command, or NMCP for work performed at the direction of the Contractor.

3.1.1.5. FSEs shall provide services in accordance with the performance requirements specified in this contract.

3.1.2. Technical documentation: The Contractor shall obtain, have on file, and make available to its FSEs all operational and technical documentation that is required to meet the performance requirements of this contract. This documentation shall include any software needed for or that would be beneficial in speeding up the diagnosis, repair, or calibration of the equipment, equivalent to that used by the OEM to perform the same work. The Contractor shall ensure that all FSEs possess the ability to perform corrective software updates meeting any OEM or FDA recall notices mandate. The Contractor shall ensure that all FSEs are in possession of legally licensed diagnostic software necessary for rapid, efficient, and effective maintenance.

3.1.3. Tools: The Contractor shall provide OEM-recommended test equipment and repair tools required for the satisfactory execution of all repairs made on Government-owned equipment.

3.1.4. The Contractor Point of Contact (POC): The Contractor shall provide, in writing, the name and telephone number of a primary and alternate, English-speaking, individual to act as its representative for the scheduling and coordination of all service calls for the entire equipment list in Technical Exhibit 1.

3.2. Preventive Maintenance: Contractor shall ensure that 100% of all periodic maintenance is performed within fifteen (15) calendar days of the due date. Preventive maintenance visits shall include complete inspection and testing of the equipment in accordance with DMLSS maintenance procedures and/or manufacturer’s recommended guidelines.

3.2.1. Equipment in Use: If, for reasons beyond the Contractor’s control, equipment is not made available for maintenance for the entire thirty (30) calendar day period before the maintenance due date, the Contractor shall immediately notify the COR and BIOMED.

3.2.2. Equipment Unable to Locate (UTL): If the Contractor is unable to locate an item within the maintenance window specified, the Contractor shall immediately notify the COR. The Contractor shall arrange the performance via coordination with the COR during circumstances of unexpected delays (i.e., non-availability of the patient care areas due to room occupancy, etc.), at no additional cost to the Government. The COR may determine that the property has been disposed of or is otherwise inactive or unavailable for use and request that the Contracting Officer adjust Technical Exhibit 1 accordingly, via a contract modification.

3.2.3. Preventive Maintenance Scheduling: The Contractor shall schedule preventive maintenance visits as specified for each equipment item. For all equipment listed in Technical Exhibit 1, the frequency of preventive maintenance will be determined by the DMLSS property database, dependent on device codes and/or ECRI recommendations, unless the OEM PM (preventive maintenance) periodicity is more frequent. The Contractor shall coordinate with BIOMED to ensure the preventive maintenance completion month(s) are aligned with the due date(s) for each device set forth in DMLSS. The schedule is to be documented at the beginning of the contract period by the Government with a copy provided to the Contractor, COR, and BIOMED.

3.2.3.1. Preventive maintenance visits shall be scheduled with BIOMED at least one (1) month in advance. If the routine procedural scheduling for clinical use of equipment items is in excess of one (1) month in advance, then the preventive maintenance visits shall be coordinated by the Contractor at least that far in advance, so as to not require rescheduling patients.

3.2.4. 100% Preventive Maintenance: Under the circumstances of 3.2.1 or 3.2.2, the COR and Contractor shall arrange a means of complying with the requirements for preventive maintenance at no additional cost to the Government. Equipment determined missing, lost, or stolen shall be removed from Technical Exhibit 1 via a contract modification.

3.2.5. PM Tags: The Contractor shall be required to affix a tag on the equipment upon the completion of a preventative maintenance inspection. The tag may be either a “sticker” or “hanging tag”. As a minimum, the tag shall contain the following: the name of the Contractor, the name of the technician performing the inspection, and the date of inspection, each legibly printed in English.

3.3. Corrective maintenance: The Contractor shall provide for any corrective maintenance services necessary to maintain equipment within the original manufacturer’s specifications, and in accordance with any applicable FDA and/or Joint Commission requirements. Corrective maintenance shall include repairs for all equipment listed in Technical Exhibit 1 to include problems resulting from, but not limited to, unintentional damage, operator error, normal wear and tear, component part failures, environmental issues (e.g., water damage), etc.

3.3.1. The Contractor shall not accept any trouble calls other than through BIOMED. The Contractor’s trouble call intake from BIOMED shall include a work order number, indicating that the equipment failure and service needed is properly recorded and included in the equipment’s maintenance history.

3.3.2. Modifications: The Contractor shall maintain equipment within the original manufacturer’s specifications, and shall make no modifications to the original design.

3.3.3. All “repair by exchange” shall be approved in advance by the COR.

3.3.4. Response time: Within two (2) hours of notification by any representative from BIOMED, the Contractor shall respond by telephone. If the equipment cannot be restored to the operating condition via telephone technical support, the Contractor shall arrive on-site within twenty-four (24) hours to complete the required service or repair. The on-site response time is measured from the time the Contractor is originally called, not from the time the Contractor returns the call. On-site responses shall only be rendered under this contract during the hours identified in Section 1.1.1., unless deemed emergent. Unlimited emergency on-site repair coverage shall be available twenty-four (24) hours a day, seven (7) days a week, three-hundred and sixty-five (365) days a year.

3.3.5. Telephone Support: Telephone consultation shall provide instruction in determining operator error, determine the most likely cause of the problem, determine if resolution of the problem requires the dispatch of a FSE, and identify replacement parts likely to be required in order to return the equipment to 100% operational condition, as specified by the OEM. If on-site support is necessary, replacement parts identified in telephone troubleshooting shall be pre-ordered and available at time of on-site visit, so as to expedite restoration of equipment functionality.

3.3.6. Software maintenance is within the scope of the contract, including updates and patches as needed, at no additional cost to the Government. The Contractor shall provide software revisions and updates, via field service changes, as required by the FDA or manufacturer announced safety-hazard recalls, 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, no later than the first scheduled Preventative Maintenance Inspection following release. Any updates that have been identified as critical, or required for the proper operation of equipment, shall be installed within thirty (30) calendar days of release. All supplied software is to be warranted as current and free of defects, such as viruses. Software maintenance includes cybersecurity vulnerability management, as listed in Section 14.

3.3.6.1. Software upgrades requiring new or additional hardware are not within scope of this Contract, unless this upgrade is in response to an OEM or FDA Hazard, Alert, or Recall.

3.4. Overtime: As this contract relates to non-personal services and the Government is unaware of and does not track the hours of the Contractor’s employees performing the work under the contract, to the extent the Contractor schedules its employees to work overtime hours to perform on this contract, complying with the regulations related to overtime are the Contractor’s sole responsibility. The Contractor will not seek reimbursement or bill the Government for such overtime costs that the Contractor may incur. If necessary to initiate services after 5:00 PM, local time on weekdays, or any times other than those specified in Section 1.1.1., the COR and BIOMED must be notified prior to performance to ensure NMCP can accommodate the desired work hours.

3.5. Recalls and Updates: For all equipment covered under this contract, the Contractor shall resolve all FDA recalls, manufacturer recalls, and other mandatory updates within thirty (30) calendar days of the OEM’s public notification. The Contractor shall provide documentation to the Government of such installation and mandatory updates.

3.6. Parts: The Contractor shall provide coverage for all repair and replacement parts necessary to maintain the equipment listed in Technical Exhibit 1, within the parameters of the original manufacturer’s specifications. The Contractor shall supply new, non-refurbished OEM parts, lubricants, and lubricant wear points for all repairs. If any consumables are provided under this Contract, the Contractor shall supply new, non-refurbished OEM approved consumables. Contractor installed replacement parts shall become the property of the Government. The Contractor shall extend to the Government all commercial warranties on replacement parts, consistent with standard industry practices. Replaced items shall be properly disposed of at no additional cost to the Government (Contractor shall pay all “environmental fees”, where required). The Contractor shall have ready access to unique and high mortality replacement parts. Replacement parts shall be furnished to the site within one (1) business day of initial trouble call by BIOMED. 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.

3.7. Biomedical Engineering Technician (BMET) Training: The Contractor shall provide one (1) initial training session for all BIOMED personnel on the procedures and processes of the Contractor’s maintenance program, immediately upon contract award. This training shall provide BIOMED with insight into the OEM specified procedures for preventative maintenance and frequently observed issues that require corrective maintenance. When requested by the COR, the Contractor shall provide additional training sessions during the contract period, as required.

3.8. 100% Completion During Hours of Work: Work required in the performance of this contract shall be during the hours identified in Section 1.1.1. The Contractor shall also provide a telephone consulting service, twenty-four (24) hours a day, seven (7) days a week, and three-hundred and sixty-five (365) days a year. Under no circumstances shall the Contractor assume an inquiry, via telephone or any other means, is authorization to provide services not specifically covered by the terms of the contract.

3.9. Service Events: Upon arrival on-site, prior to performing any work, FSEs shall physically sign in with BIOMED during normal working hours. On holidays, after normal working hours, and/or on weekends, the duty BMET shall be contacted. The COR and/or any BIOMED personnel may accompany the field service person as an observer during any work performed on-site.

3.9.1. Lock Out/Tag Out: The Contractor shall notify BIOMED, both in person and via the FSR, of problems that result in the equipment being left disabled upon its departure. If equipment is left disabled, a method of physical use prevention of the disabled equipment (i.e., Lockout, removal to BIOMED) shall be implemented in compliance with Occupational Safety and Health Administration (OSHA) and Navy regulations, specifically Title 29 1910.147 of the Code of Federal Regulations and the OPNAVINST 5100.23G Chapter 24, to prevent any patient, staff, or visitor hazards. Where lockout procedures are not possible, tag-out procedures shall be followed in accordance with the above regulations. Additionally, a label shall be adhered to the disabled equipment specifying the equipment is not serviceable. Reference (i) is available at: http://www.public.navy.mil/NAVSAFECEN/Documents/OSH/SafetyOfficer/5100.23G_CH-1_with_updated_links.pdf

3.9.2. 95% Service Event Documentation: Upon completion of each preventive maintenance visit and each corrective maintenance visit, the FSE shall submit a signed FSR to BIOMED. The service report shall indicate all problems addressed, devices checked, parts replaced/repaired, parts ordered, and problem resolution or pending action. Each service report shall, at a minimum, document the following data legibly, in English, and in complete detail:

1. Name of Contractor

2. Name of Contractor personnel performing service

3. Contractor personnel log/control number

4. Equipment identification factors to include: Manufacturer, make, model, serial number and Facility Equipment Control Number (ECN)

5. Description of problem reported by user

6. Date & time of initial trouble call

7. Date & time, beginning and ending, of hours on-site for service call

8. Itemized description of service performed to include, but not be limited to: parts used, problem found, corrective action(s) taken or recommended, communications had with BIOMED personnel

9. Resolution and/or pending action(s)

10. Estimated total billing cost, if NMCP does not have an existing maintenance agreement/contract:

a. Include the list price of services, labor, travel, and parts

b. Note - This pricing information is not to be confused with an invoice and no separate payments will be made for the services that are covered by this contract. This is a firm fixed price contract, meaning the contract will be reimbursed at an agreed upon monthly rate regardless of the amount of work performed each month.

11. Signatures:

a. Contractor performing service

b. BMET verifying service rendered

3.10. 100% Monthly Reports: The Contractor shall submit monthly management reports on the maintenance and repair activity of all equipment under this contract to the COR via e-mail. This report shall address total preventive and corrective maintenance work orders generated, numbers completed as a percentage, and numbers outstanding at the end of each month. A report of the previous month’s activity shall be submitted no later than the fifteenth (15th) calendar day of the following month.

3.11. Test equipment: The Contractor shall ensure that all test equipment and/or calibration standards, which are to be used in the performance of this contract, are traceable and certified in accordance with National Institute of Standards and Technology (NIST). Any efforts conducted without equipment within the calibration intervals is not performance in accordance with this contract. Upon request by COR, the Contractor shall provide a copy of the current calibration certification of all test equipment to be used, or which has been used, on MTF equipment. In the event the test equipment and/or calibration standards are calibrated/certified throughout the course of this contract, the latest calibration/certification documentation shall be submitted to BIOMED by the Contractor.

3.12. Removal of equipment from site: No equipment shall be removed without the approval of the COR, duty BMET, and Command Equipment Manager. Security/property passes for equipment removal shall be obtained by the Contractor via the Materials Management Department at NMCP. Any failure to obtain such passes that results in detainment or prosecution of service Contractor personnel, is the sole responsibility of the service Contractor.

3.12.1. Removal Report: Prior to removal, the Contractor shall provide a detailed description of removed items in writing on the Contractor’s company letterhead. For associated items/accessories, the Contractor shall provide a detailed written description and quantities of items to be removed. The description shall include, at a minimum, manufacturer’s 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 shall be included upon return of repaired components.

3.12.2. Off-site repairs: No additional charge shall be allowed for work performed off-site, or any additional time required. 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. The Contractor shall provide insurance coverage for damage to or loss of equipment while in Contractor or service Contractor’s custody. The Contractor shall provide alternate, interim loaned unit(s) for any equipment requiring repairs outside of the Materials Management Department, BIOMED.

3.12.3. Hard Disk and Solid State Drives (HDD & SSD): In regards to patient information, confidentiality, and privacy, the Contractor shall not remove equipment containing patient information from NMCP. HDD and SSD shall never be removed from NMCP by the Contractor under this contract. Removal of protected health information (PHI) and personally identifiable information (PII) from the equipment prior to removal from the site shall be properly coordinated by the Contractor with the COR and Command Equipment Manager.

3.12.4. Return of Government-owned property: Upon completion of any and all regularly scheduled preventative or unscheduled corrective maintenance, the Contractor shall return all equipment owned by the Government.

3.13. Uptime: Equipment shall be returned to operational condition within forty-eight (48) hours after initial telephone trouble call from BIOMED.

3.13.1. Uptime Rate: The Contractor shall maintain an overall uptime rate of 95% or better for all equipment listed in Technical Exhibit 1. Uptime is equal to equipment availability minus down time. Uptime and down time are values used to calculate the mean time between failures (MBTF).

3.13.2. Uptime Calculation: Uptime is calculated on a rolling six (6) month basis. Until the Contractor has at least six (6) months of performance experience, the uptime shall be calculated cumulatively for the entire duration of the contract. The downtime indicator in DMLSS or manual calculations may be used to compute these metrics.

Variables Definitions:

U= Possible Equipment Uptime (100%) H= Hours of Coverage per day H1= Begin Coverage Time during each day H2= End Coverage Time during each day A= Number of covered days of the week W = Weeks of Coverage in a Year C= Uptime Commitment (per Section 3.13.1.)

Known (for this contract, per Section 1.1.1. & 3.13.1.):

H1= 0800 hours H2= 1700 hours A= 5 days per week W= 52 weeks per year C = 95%

Calculations:

D= Hours of Calculated Downtime (Unknown) T= Total Actual Uptime Percentage (Unknown) Δ= % difference from Uptime Commitment (Unknown)

*Note* - Downtime hours shall fall within the Contractor’s hours of coverage listed in Section 1.1.1. Downtime hours outside of the coverage timeframe listed in Section 1.1.1. shall not be calculated as a metric of Contractor performance. Downtime ends once the system is available for full clinical use.

3.14. End of Service Life: For all equipment, hardware, software, and accessories, covered under the terms and conditions of this contract, the Contractor shall notify the COR and Naval Medical Logistics Command prior to this equipment’s commercial end of service life (EOSL). This notice shall be delivered in a timely manner, in writing on the Contractor’s letterhead, via email to at least the following address: usn.detrick.navmedlogcomftdmd.list.medequipeoslnotice@mail.mil

3.14.1. This specific contract deliverable shall supplement, but not supersede, any existing, external ‘End of Service Life Notification’ requirements, as set forth by other Government agencies, such as the Food & Drug Administration (FDA) or the Joint Commission.

3.14.2. Delivery of this letter shall not immediately remove the Contractor’s liability of covering the equipment under the terms and conditions of this contract. Its delivery shall simply be a means to start a dialogue with the COR and NMLC about the parameters associated with the commercial EOSL for the specific make/model of medical equipment.

4. SAFETY REQUIREMENTS: The Contractor shall take safety precautions as the COR or his/her designee may determine to be reasonably necessary to protect the lives and health of occupants of buildings in which work is being performed. All MTF shall notify the Contractor of any non-compliance with the foregoing conditions and the action(s) to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. If a FSE refuses to comply promptly, the COR may issue an order stopping all or any part of the work. Under such circumstances, the KO can hold the Contractor in contract default. Nothing in this section shall be construed so as to limit the Contractor responsibilities to comply with any existing law, nor to switch jurisdictions.

5. IDENTIFICATION, PARKING, SMOKING MTF REGULATIONS: FSEs shall wear visible photo identification at all times while on the premises of each MTF. It is the responsibility of the FSEs to park in the appropriate designated parking areas. Information on parking is available from MTF Security personnel. Smoking is strictly prohibited inside any buildings of the MTF. Possession of weapons, alcohol, or pharmaceuticals that are not over the counter and not prescribed to the individual/family is prohibited on the MTF premises. Enclosed containers, including tool kits, are subject to search. Violations of MTF regulations may result in citation answerable in the United States (Federal) District Court. Violation of any policy that results in lost time for Contractor, is the sole responsibility of the Contractor, and shall not be charged to the Government.

6. GENERAL LIABILITY INSURANCE: The Contractor shall be required to have liability insurance to cover any actions on the part of the contractor personnel that result in injury or death to patients, staff, visitors, or other contractors. Such comprehensive form of policy shall provide coverage of at least $500,000 per occurrence (FAR 28.307-2).

7. PROPERTY DAMAGE LIABILITY INSURANCE: The Contractor shall be required to have Property Damage Liability coverage of at least $500,000 per occurrence.

8. MODIFICATIONS TO CONTRACT: Only the KO has the authority to obligate the Government, and then only in writing. No modification or instruction from any party shall be construed to authorize the Contractor to take any action for which it expects compensation without written authorization from the KO.

9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Performance Objective Performance Standard Acceptable Quality Level Monitoring Method/Performance Assessment PWS Reference

9.1. Compliance with Applicable Laws: Contractor shall be knowledgeable of and comply with all applicable Federal, State, and local laws, regulations, and requirements regarding the conduct of his business.

9.2. Site Visits. The Government reserves the right to schedule meetings to discuss or resolve issues/problems, as it deems to be critical, at no additional cost to the Government. Contractor personnel shall participate in activities that are designed to meet the requirements of The Joint Commission, when requested by the COR or TL.

9.3. Work Performed by Others. When work performed by the Government or other contractors is expected to affect the Contractor’s performance of work, the Government shall coordinate with the Contractor and provide necessary information (plans, specifications, etc.) for such work to the Contractor such that the Contractor may make scheduling allowances. The COR shall resolve any schedule conflicts between the Contractor and work performed by the Government or other contractors. Such actions shall not result in additional cost to the Government under this contract.

9.4. Government Right to Change Standard Operating Procedures. The Government reserves the right to establish and/or change Standard Operating Procedures that shall be binding on the Contractor, i.e., work order procedures, emergency and fire procedures, security procedures and power failures.

9.5. Phase-In Service: Upon award, which should occur prior to expiration of existing service contracts, the Contractor shall have the opportunity to inspect the existing equipment and note any deficiencies. This action shall occur in sufficient time to notify the existing contract holder to correct deficiencies noted (at least twenty-four (24) business hours prior to expiration of contract). Failure to submit such list in a timely manner shall be considered acceptance of the equipment in the existing condition, which means that the Contractor shall not be eligible to claim expenses to bring the equipment up to manufacturers’ specifications.

9.6. Phase Out of Service: Upon expiration or termination of this contract, the Contractor, at the Contractors’ expense, shall provide OEM certifications for all equipment covered under contract at the rates/discounts normally provided to Government customers. If repairs or corrections to the equipment have to be made to obtain such certifications, the contract shall arrange to have those repairs or corrections made at the Contractors’ expense.

10. CONTRACTOR-FURNISHED ITEMS AND SERVICES:

10.1. Contractor shall furnish all supplies, materials, repair or replacement parts, tools, equipment software upgrading and labor necessary to efficiently and satisfactorily perform the requirements of this contract.

10.2. Contractor Supplies and Equipment. The Contractor supplies and equipment shall comply with Federal, State, municipal, and industry or OEM specifications.

10.3. Government Responsibility for Damage. The Government shall not be responsible, in any way, for damage to the Contractor’s stored supplies, material, equipment, or to personal belongs brought onto the site by the Contractor’s employees.

10.4. Contractor shall comply with the DoD Information Assurance Policies applicable.

11. GOVERNMENT-FURNISHED ITEMS AND SERVICES:

11.1. Physical Security. The Contractor shall safeguard all Government property provided for Contractor use. The Contractor shall designate an individual and alternate(s) to receipt and account for Government-furnished facilities and equipment.

11.2. The Contractor shall protect all facilities from damage caused by the Contractor and shall repair, at no additional cost to the Government, all damages caused by the Contractor’s activities. During performance of services, Contractor shall keep NMCP performance site safe, neat, clean and orderly. Contractor shall be responsible for all means, methods, techniques, sequences, and procedures of the services. Contractor employees shall demonstrate appropriate behavior and dress at all times.

11.3. Two-way Radios & Cell Phones. The use of Contractor provided two-way radios and cell phones for communication between personnel shall be approved by the Base Communications activity and may not be used in certain designated areas. Contractor shall submit a written request to use the radios to the COR. The request shall detail proposed equipment, operating frequencies, and other particulars in writing. The Government shall not be liable for any damages as a result of not permitting the use of radios within the facility.

12. OCCUPATIONAL HEALTH.

12.1. Occupational Health/Immunizations: The Contractor personnel shall be immunized annually with the influenza vaccine with the Contractor bearing the total cost. On an annual basis, the Contractor shall provide a current Purified Protein Derivative (PPD) reading or an evaluation if they are a known PPD reactor. The Contractor is responsible for any expenses incurred for required testing. The Contractor shall maintain a Drug Free Workplace, as well as to require any sub-Contractors to do the same.

13. TECHNICAL EXHIBIT 1: EQUIPMENT LIST