PWS COR Revised.pdf

Version Dated: 8 May 2013

PERFORMANCE WORK STATEMENT

(Censitrac InstrumenTrac SaaS + Maintenance/Support)

PART 1

GENERAL INORMATION

1. General. William Beaumont Army Medical Center (WBAMC) has a requirement to purchase/renew Censitrac InstrumenTrac as a Service (SaaS) subscription along with corresponding service agreement. The Censitrac / InstrumenTrac software is already in use at WBAMC. 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, supplies, facilities, transportation, tools, materials, supervision, other items, and non-personal services necessary to perform support to the Censitrac software already in use at as defined in this Performance Work Statement (PWS). The Contractor shall perform to the standards in this contract.

1.2. Background. Censis Technologies Censitrac/InstrumentTrac provides surgical instrument tracking and management. The Central Material Services (SPD) uses the system to track the location and condition of surgical instruments and instrument sets as they are utilized by staff from the operating room to the sterilization area. The system provides data for benchmarking, continuous process improvement and root cause analysis. It is currently in use at WBAMC, SPD for tracking, monitoring, and reporting of sterilized surgical equipment. Censitrac operates 24/7/365.

1.3. Objectives. The objective of this contract is to continue the InstrumenTrac SaaS currently in use and provide support through an annual service contract.

1.4. Scope. In addition to the software subscription, this contract includes all functions, tasks and responsibilities normally performed by a support contract. The Contractor shall be responsible for providing support for the Censitrac/InstrumenTrac software.

1. User software training - Every 6 months with up to 20 users trained within the 1st 6 month period. Thereafter, every 6 months with up to 30 users trained.

2. Technical Support (telephone, onsite, and remote)

3. Software Support/Upgrades

The Contractor shall comply with all applicable laws and regulations, including but not limited to Federal Law, New Mexico and Texas State Law(s), Occupational Safety and Health Administration (OSHA) regulations, Army and installation regulations.

1.5. Period of Performance. This contract shall run for 12 months from date of award with a base year plus two option years (at 12 months each).

1.6. Hours of Operation.

1.6.1. Normal Duty Hours. WBAMC requires telephonic support 24 hours/day, 7 days/week, 365 days/year. Response time Monday through Friday, 8:00 A.M. – 5:00 P.M. Mountain Time will be immediate. Response time Monday through Friday, 5:00 P.M. – 8:00 A.M. Mountain

Time, Saturday, Sunday, and Holidays will be within 1 hour. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. Twenty-four (24) hour call back support provided for emergency purposes.

1.7. Place of Performance. The work to be performed under this contract will be performed at William Beaumont Army Medical Center, Ft. Bliss, TX.

1.8. Type of Contract. The Government will award a firm fixed price support contract.

1.9. Contracting Officer Representative (COR). The COR will be identified by separate letter.

The COR monitors all technical aspects of the contract and assists in contract administration.

The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the KO and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.10. Speaking, Reading, and Understanding English: Contractor’s employee shall be able to understand, read, write, and speak the English language fluently. English shall be the only language used with regard to this contract for written correspondence, discussions and other business transactions.

1.11. Conflict of Interest & Employment of Government Personnel. The Contractor shall not knowingly employ any person who is a U.S. Government employee if employing that person would create a conflict of interest. Additionally, the SP shall not knowingly employ any person who is an employee of the Government, either military or civilian, unless such person seeks and receives written approval according to DOD 5500.7-R, Joint Ethics Regulations (JER) by the individual’s commander or director. A copy of the authorization will be provided to the COR.

In addition, the Contractor is prohibited from employing Government Quality Assurance Representatives (QAR) whom the Contractor knows or should have known are responsible for monitoring any contracts/subcontracts awarded to the service provider.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms.

2.1. Definitions. Federal Acquisition Regulation (FAR), Dictionary of US Army Terms, AR 310-25 and Authorized Abbreviations and Brevity Code, AR 310-50, are the references for definitions and acronyms not listed below.

2.1.1. Contract Administrator. The official Government representative delegated authority by the Contracting Officer to administer a contract. This individual is normally a member of the appropriate Contracting/Procurement career field and advises on all technical contractual matters.

2.1.2. Contractor. A supplier or vendor awarded a contract to provide specific supplies or services to the Government. The term used in this contract refers to the prime.

2.1.3. Contracting Officer. A person with authority to enter into, administer and/or terminate contracts and make related determinations and findings on behalf of the Government. Note:

The only individual who can legally bind the Government.

2.1.4. Contracting Officer’s Representative (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.5. Controlled Area. A controlled space extending upward and outward from a specified point. This area is typically designated by a commander or director, wherein sensitive information or operations occur and requires limitations of access.

2.1.6. Defective Service. A service output that does not meet the standard of performance associated with the PWS.

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

2.1.8. Error. Any defect, including but not limited to a security defect, virus problem or other defect in the software or hardware which prevents the software or hardware from performing in according with the documentation.

2.1.9. Extended Hardware “Limited” Warranty. The extended “limited” warranty provides for the replacement of components that fail due to manufacturing defects in materials and workmanship. Excluded from warranty coverage are acts of nature, such as electrical storms, floods, fire, etc., acts of war and terrorism, criminal acts, customer damage and/or negligence.

2.1.10. Government-Furnished Property (GFP) or Government Property (GP). Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

2.1.11. Hardware. Components provided by contractor in accordance with the Censitrac installation

2.1.12. 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.

2.1.13. Patch. A fix to specific software deficiencies that occur within the customer’s specific environment.

2.1.14. Physical Security. Actions that prevent the loss or damage of Government property.

2.1.15. Product. Software and hardware specifically as purchased from the contractor.

2.1.16. Property Administrator (PA) or Plant Clearance Officer (PLCO). An authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of the Contractor.

2.1.17. Quality Assurance. The Government procedures to verify that services being performed by the Contractor are acceptable IAW established standards and requirements of this contract.

2.1.18. Quality Assurance Specialist. An official Government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control.

Acts as technical advisor to the Contracting Officer in these areas.

2.1.19. Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.20. Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.21. Software. Software called Censitrac including any supporting documentation and versions greater than 4.1 and great than 5.0.

2.1.22. Software Upgrades. A major platform version release of the software licensed under the contract, e.g., an update from version 2.3 to version 3.0 or version 4.2 to version 5.x.

2.1.23. Subcontractor. One that enters into a contract with a prime Contractor. The Government does not have privet of contract with the Subcontractor.

2.1.24. Unit. Field replaceable hardware portions of the product (or parts thereof).

2.1.25. Work Day. The number of hours per day the Contractor provides services IAW the contract.

2.1.26. Work Week. Monday through Friday, except for Federal holidays unless specified otherwise.

2.1.27. Federal Government Holidays.

a. New Years Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Juneteenth 19th Day of June Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

a. When one of the above designated legal holidays falls on a Sunday, the following

Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the proceeding Friday is observed as a legal holiday. This list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions of any Wage Determination regarding applicable paid holidays.

b. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, the Contractor may reimburse them; however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked, unless stipulated otherwise. This provision does not preclude reimbursement for authorized overtime work if applicable.

c. When the Department of Defense grants excused absence to its employees, the

Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the COR. Changes in employee work schedules shall comply with the terms and conditions of the contract, to include payment provisions.

d. If Government personnel are furloughed, the Contractor shall contact the Contracting

Officer or the COR to receive direction. It is the Government’s decision as to whether the contract price/cost will be affected as a result of Government shutdown and/or furloughed Government employees. In the event that Government shutdown and/or furloughed Government employee’s does impact contract price/cost, a negotiated settlement will be reached as deemed appropriate by the Contracting Officer.

2.2. Acronyms.

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AQL Acceptable Quality Level AR Army Regulation AT Antiterrorism CDR Contract Deficiency Report CFR Code of Federal Regulations CMR Contract Manpower Reporting CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation FPCON Force Protection Condition HIPPA Health Insurance Portability and Accountability Act of 1996 JER Joint Ethics Regulation

JTR Joint Travel Regulation KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PA Property Administrator PIPO Phase In/Phase Out PLCO Plant Clearance Officer POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit