Notice of Intent to Award Sole Source -Vital Image Inc. and Draft SOW 09-16-20.pdf

NOTICE OF INTENT TO AWARD SOLE SOURCE

I. The Michael E. DeBakey VA Medical Center (MEDVAMC) Houston, Texas intends to solicit and Sole Source a Firm-Fixed-Price Task Orders with a base year and four one year option periods with one Large Business (LB) source, Vital Images, Inc., 5850 Opus Pkwy Ste 300, Minnetonka, MN 55343-4411. Task Orders will be placed against Vital Images, Inc awarded contract SPE2D1-19-D-0012 for the following items listed below.

Catalog Number Short

Description

Long Description UOM

VS-VIT-

MSOPTIME1TO9

Vital

Services, Op Time

Wrty, 1 to 9

Each

Concurrent

User

Operational Time Warranty includes

Software upgrades & updates, rapid response telephone assistance, access to interactive online portal, Vital U webinars and on-line library, on-line technical knowledgebase, remote support diagnostics, hardware support assistance, access to clinical expert for 1:1 application consultation, monthly report and review of issue tracking & resolution with a service account manager, six Annual Education credits per system per year, annual technical system review, on site assistance for critical issues*, custom deployment for virtualized environments

(additional fees may apply). Support Hours:

24/7 Technical Application Support. System is guaranteed to be operable and available for use 95% of the normal operational time until expiration of the warranty. Operational time is considered 7:00 am - 10:00 pm;

Monday through Friday.

*Critical issue is defined as – issue that resides in Vital Images software, is open for longer than 24 hours, causes the enterprise system to be non-operational, has not been identified as a software defect that can be fixed by a software patch.

EA

VS-VIT- Vital

Services, Operational Time Warranty includes

Software upgrades & updates, rapid response

EA

MSOPTIME3RDPTY Op Time

Wrty, 3rd

Party

Product

Each

License telephone assistance, access to interactive online portal, Vital U webinars and on-line library, on-line technical knowledgebase, remote support diagnostics, hardware support assistance, access to clinical expert for 1:1 application consultation, monthly report and review of issue tracking & resolution with a service account manager, annual technical system review, on site assistance for critical issues*, custom deployment for virtualized environments

(additional fees may apply). Support Hours:

24/7 Technical Application Support. System is guaranteed to be operable and available for use 95% of the normal operational time until expiration of the warranty. Operational time is considered 7:00 am - 10:00 pm;

Monday through Friday.

*Critical issue is defined as – issue that resides in Vital Images software, is open for longer than 24 hours, causes the enterprise system to be non-operational, has not been identified as a software defect that can be fixed by a software patch.

VS-VIT-

MSOPTIMEUPG

Vital

Services, Op Time

Wrty, Upg

Pkg > 12

Months

Provides Upgrade Software required to bring an off MTC for more than 12 months Vitrea

System to the current software revision.

Requires minimum of a 1 year MTC contract. Any system off MTC less than 12 months can be upgraded to the current software revision at no additional charge.

EA

Location: Michael E. DeBakey VA Medical Center, 2002 Holcombe Blvd., Houston, TX 77030.

II. The North American Industry Classification (NAICS) code for this acquisition is 511210, Software Publishers. Size Standard $41.5M

III. This purchase will be made in accordance with Federal Acquisition Regulation (FAR)

16.505, Ordering and FAR 16.505(2)(i)(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

IV. The anticipated award date is October 1, 2020.

V. Please note that this is not a request for competitive quotes and is being posted for informational purposes only. Telephone inquiries will not be accepted. If no responses are received, the Contracting Office will proceed with the sole source with Vital Images, Inc.

Interested contractors in addition shall provide the following information as an attachment to your response:

1. Identify any other companies owned (wholly or in-part) by the owners of this business who provide goods or services under the same or a related NAICS codes.

2. Identify any other companies owned (wholly or in-part) by the owners of this business who provide goods or services that are registered under the same or a related NAICS code with the

Center for Veterans Enterprise (CVE); Provide the certification type (SDVOSB/VOSB), Federal

Identification Number, and state of incorporation for each.

3. Do you plan on responding to a solicitation for this requirement with a Joint Venture utilizing multiple owned companies as majority or non-majority owner?

Yes ___No ___ If yes, please identify which companies are considering a Joint Venture and the ownership of each company.

4. Do you have an existing GSA or VA Federal Supply Schedule contract, please include the contract details in your response.

VI. Interested parties may identify their interests and capability to respond to this requirement within Ten (10) calendar days of the publication of this notice. Any response to this notice must show clear and convincing evidence that competition would be advantageous to the Government.

Interested parties shall submit clear evidence with the capability to meet government requirement. To include but not limited to:

1. Capability to provide the required services and support as listed in the attached Draft

Statement of Work (SOW). See Attached Draft SOW. In this response, the contractor shall identify if at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. The contractor shall also identify if they intend to subcontract with Vital Image Inc and what percentage of the work, they intend for Vital Image

Inc to provide.

2. Authorization letter from Vital Image Inc you are approved to provide the requested services in the Draft SOW.

3. Authorization letter from Vital Image Inc you are approved to provide OEM parts, software and licenses per the Draft SOW.

4. Availability of (OEM) patches, updates, enhancements, and new versions of the software covered.

5. Guarantee system to be operable and available for use 95% of the normal operational time until expiration of the warranty.

6. Capability to provide onsite assistance for critical issues for Severity Level 1 as defined in

Section V of the Draft SOW.

7. Capability to 24/7 Technical Application Support

VII. Questions regarding this notice should be sent to Contracting Officer Anthony Marion no later than September 26, 2020 by 9:00am (cst) at anthony.marion2@va.gov.

mailto:anthony.marion2@va.gov

D

RA

FT

S

O W

DRAFT

Scope of Work (SOW)

Vital Images Vitrea Systems

I. EQUIPMENT IDENTIFICATION AND COVERAGE

A. Software support, License renewal and Software maintenance for Vital Images Vitrea

Software and 3rd Party Systems.

Catalog Number Short Description UOM

VS-VIT-MSOPTIME1TO9 Vital Services, Op Time Wrty, 1 to 9 Each Concurrent

User

EA

VS-VIT-SOPTIME3RDPTY Vital Services, Op Time Wrty, 3rd Party Product

Each License

EA

VS-VIT-MSOPTIMEUPG Vital Services, Op Time Wrty, Upg Pkg > 12 Months EA

B. Support & Maintenance shall include:

1)Availability of patches, updates, enhancements, and new versions of the software covered.

2) Software support:

i. rapid response telephone assistance

ii. access to interactive online learning portal

iii. remote support diagnostics

iv. hardware support assistance

v. end user access to clinical expert

vi. six Annual Education credits per system per year

vii. annual technical system review

viii. on site assistance for critical issues (Severity Level 1 defined in Section V) issue that resides in Vital Images software, is open for longer than 24 hours, causes the enterprise system to be non-operational, has not been identified as a software defect that can be fixed by a software patch.

ix. Support Hours: 24/7 Technical Application Support

x. Guarantee system to be operable and available for use 95% of the normal operational time until expiration of the warranty

II. GENERAL REQUIREMENT

Michael E. Debakey VA Medical Center (MEDVAMC) is requesting for a Contractor to provide software support, license renewal and software maintenance to all government-owned Vital

DRAFT SOW

Images Vitrea systems software listed above in the Equipment Identification and Coverage

Section at the MEDVAMC located at 2002 Holcombe Blvd, Houston, TX 77030. The Contractor shall furnish all labor, software and software tools to service the Vitrea systems software.

The Contractor shall provide software license renewal, support and maintenance services by authorized service providers of the software listed above. The software shall be maintained to be at optimal performance level. Any maintenance, upgrades or updates shall be scheduled at least three (3) days in advance with the Contracting Officer Representative (COR). Service also includes all necessary intervening service calls required to bring the software to optimal performance level.

III. DEFINITIONS/ACRONYMS

A. Biomedical Engineer(ing) - Supervisor or designee.

B. CO - Contracting Officer

C. COR - Contracting Officer's Representative

D. FSE - Field Service Engineer. A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the VAMC premises.

E. ESR - Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

F. Acceptance Signature - VA employee who is authorized to sign-off on the ESR which indicates that the PM has been concluded or is still pending completion, or that the Emergency

Repair has been accomplished or is still in a pending status.

G. Authorization Signature - COR's signature; indicates COR accepts work status as stated in

ESR.

H. CDRH - Center for Devices and Radiological Health.

I. MEDVAMC – Michael E. DeBakey Veterans Affairs Medical Center

J. VAH - Department of Veterans Affairs Hospital

K. OEM - Original Equipment Manufacture

IV. HOURS OF COVERAGE

A. Operational time is considered 7:00 am - 10:00 pm; Monday through Friday.CST, excluding holidays. All service/repairs shall be performed during normal hours of coverage unless an emergency request is submitted by the COR or their designee.

B. Federal Holidays observed by the Government are: New Year’s Day, Martin Luther King’s

Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving and Christmas; along with any other day specifically declared by the President of the United States to be a national holiday. In addition to the days designated as holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Any other day designated by Presidential Proclamation

V. UNSCHEDULED SOFTWARE MAINTENANCE (Emergency Service)

DRAFT

SOW

A. Contractor shall maintain the software in accordance with the manufacturer's latest specifications. The Contractor shall provide any necessary unscheduled repair service to the software. All required patches and software enhancements shall be furnished by the Contractor.

B. The CO, COR or designee has the authority to approve/request a service call from the

Contractor.

C. Response Time: - Contractor's FSE shall respond to instances in accordance with the severity levels described below in Section V, part D.

D. Severity levels shall be defined as follows:

1). Severity Level 1: System or Production Connection Down: Severity Level 1 shall mean a Software Error that renders the Software inoperable and causes a significant, time-dependent stoppage of MEDVAMC’s business operations. Critical Priority instances will be reported via telephone by the COR or designee. Contractor shall acknowledge Severity Level 1 instances within one (1) hour of the initial contact via telephone communication and commence working towards a resolution at that time.

2). Severity Level 2: Significant Business Impact: Severity Level 2 shall mean a Software

Error that causes the Software to fail resulting in significant impact on one or many software components of the MEDVAMC Vitrea system, although certain functions of software remain in operation. Severity Level 2 instances will be reported via by the COR or designee. Contractor shall acknowledge Severity Level 2 instance within four (4) hours of the initial contact via telephone and commence working towards a resolution at that time. Severity Level 2 instances shall be addressed during normal business hours from 7am – 10pm in End User’s time zone, excluding U.S. weekends and holidays.

3). Severity Level 3: Low Impact Failure: Severity Level 3 shall mean a software Error or hardware error causes a feature of the software to fail resulting in a non-critical situation which allows the MEDVAMC’s business to remain in operation. A Severity Level 3 incident may include issues only impacting a single user or issues where the business impact under a Severity Level 1 and 2 instances is resolved, but there is ongoing research needed to determine the root cause of the failure. Severity Level 3 instances are reported via telephone. The Contractor shall acknowledge Severity Level 3 instances within twenty-four (24) hours of the initial contact. Severity Level 3 instances shall be addressed during normal business hours from 7am – 10pm in End User’s time zone, excluding U.S.

weekends and holidays.

E. Any charges for services, labor, travel, manuals, or software required to successfully complete unscheduled software maintenance is included within this contract. Unless specifically stated in writing otherwise and approved by the COR.

F. Contractor shall provide mandatory software safety and performance-related updates and they shall be covered within this contract.

VI. SCHEDULED MAINTENANCE

A. The Contractor shall perform patches and updates/enhancements service to ensure equipment performs in accordance with latest OEM maintenance procedures and protocols. Scheduled software maintenance shall be scheduled at least three (3) days in advance with the COR. An outline of the scheduled software maintenance procedures and schedule shall be provided to the

COR. The Contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed. This documentation shall be provided to the COR at the completion of the scheduled software maintenance.

B. Scheduled software maintenance services shall include, but need not be limited to, the following:

1) Reviewing operating system software diagnostics to ensure that the system is operating in accordance with the manufacturer's specifications for any service calls.

2) Performing remedial software maintenance of non-emergent nature.

3) Returning the equipment to the operating condition per OEM

4) Providing documentation of services performed.

VII. SOFTWARE UPGRADES & UPDATES

The Contractor shall provide all operational software and drive enhancements and/or updates deemed necessary by the OEM that materially affects the performance of the equipment, without additional charge to the government. These enhancements to the contractor’s equipment shall be made accessible by the Contractor to the Government site within 60 days of their issuance or date of first commercial availability.

VIII. Gray Market Items/Software

Gray market items/software are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM software, licenses and software patches or enhancements for VA Medical Centers. No re-manufactures or gray market items will be acceptable. The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies.

The Contractor shall furnish software and licenses in accordance with the manufacturer's specifications. The Contractor has ready access to all software and licenses. All software and licenses supplied shall be compatible with existing equipment. The contractor shall use new original equipment manufacturer (OEM) software and licenses. All software and licenses shall perform identically to the original equipment specifications.

IX. SERVICE MANUALS/TOOLS/EQUIPMENT/TRAVEL

The MEDVAMC shall not provide travel, tools, service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSE's all travel, operational and technical documentation (such as; operational and service manuals, schematics, and software list) which are necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name and/or the manuals themselves shall be provided to the COR upon request.

X. DOCUMENTATION/REPORTS

The documentation shall include detailed descriptions of the scheduled and unscheduled software maintenance (i.e., Emergency software repairs) procedures performed, including updates, services and prices (for outside normal working hour services) required to maintain the software. The ESR shall consist of a separate report for the item(s) covered under the "specific" contract. Grouping different services from different contracts on "one" ESR is prohibited. In addition, each ESR shall, at a minimum, document the following data legibly and in complete detail

A) Name of contractor and contract number.

B) Name of FSE who performed services.

C) Contractor service ESR number/log number.

D) Date, time (starting and ending), software downtime and hours to complete the service call.

E) VA purchase order numbers covering the call if outside normal working hours.

F) Description of problem reported by COR.

G) Identification of software to be serviced:

1) Software license and version number,

2) Manufacturer's name,

3) Any other manufacturer's identification numbers.

H) Itemized Description of Service Performed (including, if applicable, Costs associated with after normal working hour services) including:

1) Labor and Travel

2) Software patches

I) Total Cost to be billed (if applicable - i.e., service rendered after normal hours of coverage).

NOTE: - Any additional charges claimed shall be approved by the COR and a separate purchase order issued before service is completed!

XI. CONTACT INFORMATION

Upon contract award, the Contractor shall provide valid and reliable contact information for service, preventative maintenance, emergency and technical assistance requests.

XII. ADDITIONAL CHARGES

In any case, the MEDVAMC shall be explicitly notified in advance that additional charges will be incurred, prior to beginning any work deemed to be outside the scope of this contract. In such instances that the MEDVAMC agrees the work is not within the scope of the contract and desires the Contractor to perform the service., the BIOMED COR, who will arrange a separate purchase order to pay for the additional service.

The Government shall not be responsible for incidental charges including, but not limited to, parking, tolls, mileage, phone, etc., on straight time or overtime work.

XIII. CONDITION OF EQUIPMENT/SOFTWARE

The Contractor accepts responsibility for the equipment/software in "as is" condition. Failure to inspect the software prior to contract award will not relieve the Contractor from performance of the requirements of this contract. Following the completion of any service performed by the contractor, the contractor shall show to the COR that the required system components are in place and fully-functional prior to COR acceptance explained in the Reporting Requirements

Section.

XIV. COMPETENCY OF PERSONNEL SERVICING EQUIPMENT

A. Each respondent shall have an established business, with an office and full-time staff. The staff includes a "fully qualified" FSE and a "fully qualified" FSE who will serve as the backup.

B. "Fully Qualified" is based upon training and on experience in the field. For training, the

FSE(s) has successfully completed a formalized training program, for the equipment/software and is OEM-Certified or an OEM employee. For field experience, the FSE(s) has a minimum of two years of experience (except for equipment/software newly on the market) with respect to scheduled and unscheduled software maintenance & support, on the Vital Images Vitrea software/equipment.

C. The CO or COR may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any

MEDVAMC equipment. The CO and/or COR specifically reserve the right to reject any of the

Contractor's personnel and refuse them permission to work on the VAMC equipment.

D. If subcontractor(s) are used, they shall be approved by the CO; the Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

XV. SAFETY REQUIREMENTS

The MEDVAMC, CO, COR or any of its and/or their associates, employees or descendants under any conditions or circumstances shall not be held responsible for any safety incident or any injury or any inconvenience experienced by the Contractor, their associates, or subcontractors while performing the services, labor, travel, software upgrades or maintenance included within this contract to the extent applicable by federal, local and state law with federal law taking precedence

XVI. INSURANCE

A. Worker compensation and employer's liability: - Contractors are required to comply with applicable Federal and State Worker Compensation and occupational disease statutes.

B. General Liability: - Contractors are required to have Bodily Injury Liability Insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

C. Property Damage Liability: - Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.

XVII. GOVERNMENT PARTY TO EXECUTE AND MODIFY THE CONTRACT

After the contract has been in force for a period of time, it may be necessary to change and/or modify the operations to provide better service. Pursuant to FAR 43.102, no government personnel other than the Contracting Officer can execute contract modifications on behalf of the government. Costs incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor.

XIII. END OF SERVICE PERIOD

No service shall be performed under this agreement after the contract expiration date without written authority or direction from the Contracting Officer.

XIX. PRIVACY/SECURITY

The contractor may have electronic connectivity to the software via a S2S VPN (System-to-

System virtual private network). The Vendor will not have access to patient databases and PHI when troubleshooting the software and other specific software related maintenance via S2S VPN without prior Privacy Officer and Information Security Officer approval All transferred information. All information transferred shall be de-identified of PHI/PII. The Vendor will potentially have access to patient databases and PHI when troubleshooting the software and other specific software when onsite.

Any electronic or magnetic data storage devices such as hard drives, etc. shall be turned into the

ISO. Electronic or magnetic data storage devices are not to be removed from VA property

XXI. PAYMENTS

The Contractor shall submit requests for payment electronically to the VA’s Tungsten Network. Invoices at https://www.fs.va.gov/einvoice.asp for all authorized work performed. Invoices submitted must include the:

1) Name and address of the contractor

2)Invoice date and number

3)Contract Number, Purchase Order Number, contract line item number

4)Detailed description of quantity, unit of measure, unit price and extended price of the services performed

5) Item(s) covered (to include License #'s)

End of Scope of Work https://www.fs.va.gov/einvoice.asp