NCI SOW 75N91022Q00016.pdf

STATEMENT OF WORK

75N91022Q00016

NATIONAL CANCER INSTITUTE

1.0 TITLE

Software Maintenance Services for Government-Owned Raystation Treatment Planning System

2.0 SCOPE

The Contractor shall provide all labor, material and equipment necessary to maintain and provide preventive maintenance for the Government-licensed RayStation treatment planning system

(“System”) as follows:

QTY APPLICATION/PRODUCT TYPE OF LICENSE COMMENTS

2 RayStation Planning Clinical Planning

2 rayConformal Clinical 3D Conformal Planning

2 rayIntensity Clinical IMRT Optimization

2 rayArc Clinical VMAT Optimization

1 rayElectron Clinical Electron Planning

2 rayNavigator Clinical Multi Criteria Optimization

1 rayBiology Clinical Radiobiological Optimization

1 rayFallback Clinical Fallback Planning

1 rayDeformable Clinical Deformable Registration

1 rayTracker Clinical Dose Tracking

1 rayAdaptive Clinical Adaptive pre-planning

1 RayStation Doctor Clinical Physician review & contour

1 raySimulation Clinical Virtual Simulation

3 RayStation Planning Research Planning

1 rayConformal Research 3D Conformal Planning

1 rayIntensity Research IMRT Optimization

1 rayArc Research VMAT Optimization

1 rayPencilScanning Research IMPT Optimization

1 rayCarbonPlanning Research Carbon Planning

1 rayNavigator Research Multi Criteria Optimization

1 rayDeepPlanning Research Machine Learning

Optimization

1 rayDeepSegmentation Research Deep Learning Segmentation

1 rayBiology Research Radiobiological Optimization

1 rayFallback Research Fallback Planning

1 raySimulation Research Virtual Simulation

1 rayDeformable Research Deformable Registration

1 rayTracker Research Dose Tracking

1 rayAdaptive Research Adaptive pre-planning

1 raySimulation Research Virtual Simulation

All maintenance services shall be performed on-site in accordance with the terms of this order and the manufacturer’s standard commercial maintenance practices.

3.0 TYPE OF ORDER

This is a firm fixed-price purchase order for services.

The services procured as a result of this order are severable services. Funds are only available for use for the contract line item number (CLIN) to which they are obligated. Unused funds from one CLIN or order period may not rollover or be applied for use in other periods or CLINs.

4.0 SPECIAL ORDER REQUIREMENTS

4.1 EMERGENCY SERVICE

The Contractor shall provide emergency support services in accordance with this order at no additional cost to the Government.

Upon receipt of notice that any part or application of the System is not functioning properly, the

Contractor shall provide an initial response acknowledging receipt of the notice within four (4) hours unless otherwise noted in this SOW. The Contractor shall coordinate with the end-user to assess the severity of the malfunction and provide a further response as follows:

SEVERITY DESCRIPTION RESPONSE

Severity 1 Produces an emergency situation in which the System is inoperable, produces incorrect results, or otherwise fails dramatically.

The Contractor shall respond to the issue via telephone within thirty

(30) minutes after receipt of notice.

The Contractor shall begin to diagnose and correct the problem as soon as reasonably possible, and use its best efforts to resolve the problem or provide a workaround in less than forty-eight (48) hours.

Severity 2 Produces a detrimental situation in which

(i) performance of the System degrades substantially under reasonable loads, such that there is a severe impact on use;

(ii) the System is usable, but materially incomplete; (iii) one or more mainline functions or commands are inoperable;

or (iv) the use is otherwise significantly impacted.

The Contractor shall respond to the issue via telephone within two (2) hours. The Contractor shall exercise best efforts to resolve the problem or provide a work-around within five (5) days.

Severity 3 Produces an unsatisfactory situation in which the System is usable, but does not

The Contractor shall provide a response via telephone or e-mail function in the most appropriate or expeditious manner, and the end-user suffers little or no significant impact.

within 4-hours. The Contractor shall exercise best efforts to resolve the problem in the next maintenance release.

Severity 4 Produces a situation in which the use of the System is affected in some negative way and such malfunction is reasonably correctable by a documentation change or by a future, regular, release from the

Contractor.

The Contractor shall provide a response via telephone or e-mail within 4-hours. The Contractor shall exercise best efforts to resolve the problem in the next maintenance release.

4.2 SOFTWARE UPDATES/SERVICE

The Contractor shall provide updates including bug fixes, improvements and functionality changes to the System licensed by the Government in accordance with the manufacturer’s latest established service procedures. The Contractor shall obtain advance approval from the

Government for the installation of all software updates and revisions. Defective software shall be updated, patched, or replaced at no additional cost to the government in accordance with this

Statement of Work.

4.3 SERVICE EXCLUSIONS

The Contractor shall provide support services and maintenance for the System and all releases for a minimum period of twelve (12) months following the general availability of the new release or software update.

The Contractor will not be responsible for support services related to hardware, third-party software, or Government-written applications not explicitly included in this Statement of Work.

4.4 PERSONNEL QUALIFICATIONS

Technically qualified factory-trained personnel shall perform service to the RayStation treatment planning system as covered by this contract. All primary service personnel shall have at least one backup support person with at least the same level of expertise on the equipment covered by this contract.

5.0 PERIOD OF PERFORMANCE

The period of performance shall be for twelve (12) months from the effective date of the award with two (2) additional 12-month option periods. The anticipated period of performance is:

Base Period: 03/23/2022 – 03/22/2023

Option Period 1: 03/23/2023 – 03/22/2024

Option Period 2: 03/23/2024 – 03/23/2025

6.0 PLACE OF PERFORMANCE

Onsite services shall be performed at the following location:

NIH, NCI,

10 Center Dr

Building 10, CRC, B2-3500

Bethesda, MD 20892

7.0 PAYMENT

Payment shall be made quarterly in arrears. Payment authorization requires submission and approval of invoices to the COR and NIH OFM, in accordance with the payment provisions listed in this section.

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket

Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements

A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the

Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.)

Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

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

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

3. Remittance name must match exactly with name on original order/contract. If the

Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

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

6. NBS document number formats must be included for awards created in the NBS:

Contract Number; Purchase Order Number; Task or Delivery Order Number and

Source Award Number (e.g., Indefinite Delivery Contract number; General Services

Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central

Contractor Registration (CCR).

8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number

(VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

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

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

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

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

* NOTE: If your invoice must differ from the line items on the award, please contact the

Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

C. The Contractor shall submit invoice to the National Institutes of Health (NIH)/Office of

Financial Management (OFM) via email at invoicing@nih.gov with a copy to the approving official, as directed below. The Contractor must follow step-by-step instructions as stated in the NIH/OFM Electronic Invoicing Instructions for NIH Contractors/Vendors, which is included as an attachment on the website at https://oamp.od.nih.gov/DGS/DGS-workform-information/attachment-files. The invoice shall be transmitted as an attachment via email to the address listed above in one of the following formats: Word, or Adobe Portable Document

Format (PDF). The Contractor must submit only one invoice per email. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your invoice unless specified elsewhere in the contract or requested by the Contracting Officer.

The Contractor shall submit a copy of the electronic invoice to the following Contracting

Officer’s Representative/ Technical Point of Contact (TPOC):

Mariam Malik malikm@mail.nih.gov

240-760-7183

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

mailto:invoicing@nih.gov https://oamp.od.nih.gov/DGS/DGS-workform-information/attachment-files https://oamp.od.nih.gov/DGS/DGS-workform-information/attachment-files mailto:malikm@mail.nih.gov mailto:ofm_customer_service@incontactemail.com https://ofm.od.nih.gov/Pages/Customer-Service.aspx

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

II. Invoice Payment

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

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

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

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

III. Interest Penalties

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

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

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

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

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

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS, FAR 52.232-40 (December 2013)

a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

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

Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.