PWS (updated).DOCX

Performance Work Statement One-Time Parts and Labor Agreement for the Ysio Max Detector

PART 1

GENERAL INFORMATION

1. General: This is a non-personnel services contract to purchase a wireless detector as well as the labor and travel for the Contractor service technician to install the part. The detector is for the Ysio Max Radiographic System SN: 21289. The Government shall not exercise any supervision or control over the contract service providers performing the services herein.

1.1. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform parts and labor services as defined in this Performance Work Statement (PWS), except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2. Background: The Ysio Max Digital Radiographic System is used to take digital x-rays. A work order was placed with Clinical Engineering for a system malfunction with the equipment listed in paragraph 1 of this PWS. The hospitals Original Equipment Manufacturer (OEM) trained biomedical technician inspected the system and realized that the problem was the detector and that it would need to be replaced. The replacement part and labor required to install the part is beyond the Government Purchase Card (GPC) single purchase limit.

1.3. Period of Performance: This is a one-time service agreement to purchase the detector for Ysio Max Digital Radiographic System.

1.4. Quality Control: Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.212-4, Contractor Terms and Conditions – Commercial Items). A formal Quality Control Plan (QCP) is not required for this commercial service. However, the Contractor shall maintain an inspection system commensurate with commercial practices to ensure the Contractor only tenders for acceptance those items or services that conform to the requirements of this contract.

1.4.1. Non-conforming Supplies or Services: When a Contractor’s performance does not meet contract requirements and/or approved work schedules and/or timeframes, it is considered non-conformance. Non-conformance shall be classified in one of three categories: level I (Minor), level II (Major) or level III (Critical). The Government may re-inspect work designated for re-performance or late performance.

1.4.1.1. Level I (Minor) non-conformance: is defined as a non-conformance that is not likely to materially reduce the usability of the supplies or services for their intended purpose, or is a departure from established standards having little bearing on the effective use or operation of the supplies or services. Minor non-conformance usually can be corrected on the spot, where no further corrective action (CA) response is necessary, and can be issued by the Contracting Officer Representative (COR) to the Contractor either through a verbal or written non-conformance report. Minor non-conforming services shall be re-performed within a specified time frame at no increase in contract price. If minor non-conformances are recurring or re-performance is not completed in full and within the specified time a Level II non-conformance may be issued to the Contractor by the Contracting Officer.

1.4.1.2. Level II (Major) non-conformance: is defined as a non-conformance, other than critical, that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose. Recurring Minor non-conformances, or a non-responsive Contractor, indicating a trend or failure of the Contractor’s quality control, can also be classified as a Major non-conformance. Major non-conformances shall result in the issuance of a written Contract Deficiency Report (CDR) from the Contracting Officer to the Contractor requiring the development of a Corrective Action Plan (CAP) by the Contractor, which identifies the root cause, CA for the root cause, CA for the specific non-conformance and the date CAs will be completed.

1.4.1.3. Level III (Critical) non-conformance: is defined as a non-conformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; is likely to prevent performance of a vital agency mission; is for a repeated or uncorrected level II CDRs; or is for a non-responsive Contractor to a level II CDR. Critical non-conformances shall result in the issuance of a written CDR to the Contractor requiring the development of a CAP by the Contractor, which identifies the root cause, CA for the root cause, CA for the specific non-conformance and the date CAs will be completed.

1.4.1.4. Inspection Results: The Contractor will be notified of Government inspection results. The Contractor shall acknowledge receipt of the inspection results. The Contractor may be notified of inspection results verbally. Verbal notifications of defective work will be confirmed in writing. When Government inspectors are unable to contact the Contractor to notify the Contractor of inspection results, acceptance or rejection of work will be made on the basis of the initial inspection.

1.4.2. Federal Government Holidays: Contractor is not required to perform services on the following Federal Holidays.

1.4.3. Hours of Operation: The Contractor is responsible for conducting business, between the hours of 7:30am to 4:30pm Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.4.4. Place of Performance: The work to be performed under this contract will be performed at Irwin Army Community Hospital, 650 Huebner Rd, Fort Riley, KS. 66442.

1.4.5. Antiterrorism (AT) and Operations Security (OPSEC)

1.4.5.1. Access and General Protection/Security Policy and Procedures: Contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility, area Commander installation/facility access, and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters, Department of the Army (HQDA), and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.4.5.1.1. Identification of Contractor Employees: The Contractor (to include subcontractors) shall provide each employee an identification (ID) badge, which includes at a minimum, the Company Name, Employee Name, and a color photo of the employee. ID badges for key personnel, shall also indicate their job title. ID badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employees shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit.

1.4.5.1.2. Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information, and property provided for Contractor use. At the close of work period, Government facilities, equipment, and materials shall be secured.

1.4.6. Contracting Officer Representative: The COR will not be appointed. However, the Contracting Officer will designate a primary point of contract in which the Contractor will receive guidance.

1.4.7. Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

2.1.6. 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.

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

2.1.8. QUALITY ASSURANCE. The Government procedures to verify that services being performed by the Contractor are acceptable in accordance with established standards and requirements of this contract.

2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

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

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

2.1.13. WORK WEEK. Monday through Friday, except for Federal holidays unless specified otherwise.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Equipment: The Government will provide access to the equipment listed in Section 1 para. 1 of this PWS.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. The Contractor shall supply the parts and labor purchased on this contract.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Services: Contractor shall provide parts, labor, and travel necessary to perform services listed in this PWS.

5.2. Parts: Contractor shall supply one new OEM AX wi-D detector for the Ysio Max System. According to OEM using a refurbished detector will void the existing service contract for the Ysio System.

5.2.1. Specifications:

a. Part Number: 14436591

b. Wireless

c. Dimensions: 35cm x 43cm (14in x 17in)

d. Has handle for safe handling

5.2.2. Part shall be OEM certified new.

5.3. Contractor shall have part shipped to the Government NLT 48 hours after contract award. Freight, postage, and storage charges associated with shipment shall be the responsibility of the Contractor. Contractor shall include packing slip with shipment.

5.3.1. Damages incurred before part reaches the Government facility will be the responsibility of the Contractor. The Contractor will be responsible for sending a replacement of the part. Replacement part shall be at no extra cost to the Government.

5.4. Tools: Contractor shall have the tools necessary to perform the services listed on this PWS.

5.5. Personnel: Contractor shall have OEM certified personnel to perform services listed on this PWS.

5.6. Services: Service appointment shall be no more than 2 business days after Government notifies Contractor of receipt of part.

6. TOBACCO FREE MEDICAL CAMPUS (TFMC)

The Contractor shall ensure that all employees comply with the U.S. Army Medical Command and MTF smoking policies while performing services under this contract. Smoking restrictions will apply at any location or building where healthcare activities are performed under this contract.

In accordance with Army Regulation 600-63, paragraph 7-3, 14 April 2015; Operations Order 15-48 (Army Medical Command (MEDCOM) Tobacco Free Living – USAMEDCOM), 8 May 2015; and any Operations Order, regulation or other instruction implementing, defining or otherwise addressing the Tobacco Free Medical Campus (TFMC) on any military installation or DoD-controlled location, Contractor personnel are prohibited from using any tobacco product on or within any TFMC while performing under this contract. TFMCs are established at each installation or DoD-controlled location and include: (1) any property or non-residential building that is operated, maintained or assigned to support medical activities, including but not limited to, hospitals, medical laboratories, outpatient clinics (including medical, dental, and veterinary facilities), or aid stations operating for the primary purpose of delivering medical care and services for DOD eligible beneficiaries and/or meeting the mission of the Army Medical Command; (2) all other facilities in which medical activities or administration take place, to include HQ MEDCOM and Defense Health Headquarters; (3) all internal roadways, sidewalks and parking lots; and (4) all sidewalks, parking lots and grounds external but adjacent to the building or related to the migratory corridors surrounding the medical facility. The Contractor shall obtain from the COR any orders, regulations, instructions or other documents implementing, defining or otherwise addressing the TFMC for any given installation or DoD-controlled location where Contractor personnel may perform under this contract and shall instruct Contractor personnel on the TFMC limitations for installations or DoD-controlled locations where they may perform under this contract.

End of Performance Work Statement