RFQ 36C25625Q0524_ITAMAR WATCHPAT ONE.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Itamar WatchPat One Direct Devices & Services

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 77056

SOLICITATION NUMBER* 36C25625Q0524

RESPONSE DATE/TIME/ZONE 03-24-2025 15:00 CENTRAL TIME, CHICAGO,

USA

ARCHIVE 9 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE

PRODUCT SERVICE CODE* Q403

NAICS CODE* 339113

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056

POINT OF CONTACT*

Contract Specialist Tiffany Burks tiffany.burks@va.gov

PLACE OF PERFORMANCE

ADDRESS Michael E. DeBakey VAMC

2002 Holcombe Blvd Houston TX

POSTAL CODE 77030

COUNTRY US

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov

URL DESCRIPTION Department of Veterans Affairs

AGENCY CONTACT’S EMAIL ADDRESS TIFFANY.BURKS@VA.GOV

EMAIL DESCRIPTION RFQ 36C25625Q0524 Quote

DESCRIPTION

36C25625Q0524 – Itamar WatchPat One Direct devices and Itamar WatchPat One Direct Services at Michael E. DeBakey VA Medical Center (MEDVAMC) located in Houston, Texas.

1. This is a combined synopsis/solicitation (CSS) for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with FAR Part 13.5, Simplified Acquisition Procedures for Certain Commercial Products and Commercial Services as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotes are being requested, and a written solicitation document will not be issued.

2. The CSS number is 36C25625Q0524. It is issued as a Request for Quote (RFQ).

The government anticipates awarding one Firm-Fixed Price contract resulting from this solicitation.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-02 (effective: 01/03/2025).

4. This solicitation is issued as Full and Open Competition.

5. The associated North American Industrial Classification System (NAICS) code for this procurement is 339113- Surgical Appliance and Supplies Manufacturing, with a small business size standard of 800 employees.

6. The Department of Veterans Affairs (VA), Michael E. DeBakey VA Medical Center, 2002 Holcombe Boulevard, Houston, Texas 77030 require Itamar WatchPat One Direct devices and Itamar WatchPat One Direct Services.

7. A complete description of the requirement and/or applicable government need(s) are as follows: See attached 36C25625Q0524.

Contracting Office:

Department of Veteran Affairs Network Contracting Office (NCO)-16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston, TX 77056

Contract Specialist:

Tiffany Burks POC: tiffany.burks@va.gov

Quote in response to this RFQ are due at 3:00 PM Central Standard Time, March 24, 2025. Quotes shall be submitted in writing and sent via email to tiffany.burks@va.gov .

Please insert “36C25625Q0524 Quote” in the subject line of your email. OFFEROR

SHALL COMPLETE THE FOLLOWING LOCATED IN SECTIONS BELOW OF THIS

SOLICITATION 36C25625Q0524 TO BE DEEMED ACCEPTABLE:

a) Section B- Contract Administration Data, Contractor contact information.

b) Complete and Return Attachment A- 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

c) Submit manufacturer authorized distributor letter, cut sheets, and specifications if vendor is not the Original Equipment Manufacturer (OEM). (Volume 1-Technical)

d) Price/Cost Schedule, unit price, amount, and grand total. (Volume 2-Price)

EVALUATION: The Government will award a contract resulting from this solicitation to quoter whose offer represents the most advantageous to the Government, price and other factors considered. All quoters shall have a current registration in the System for Award Management (SAM) to be considered for award, if you are Small Business you must be certified in the U.S. Small Business Administration (SBA) database to receive credit as a Small Business.

Please contact Tiffany Burks for questions or other inquiries about this solicitation via email at tiffany.burks@va.gov by 3:00p.m. Central Standard Time on March 20, 2025. If questions are received, an amendment to this request for quote will be posted with all questions and answers.End of Document

36C25625Q0524

Table of Contents

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

B.2 IT CONTRACT SECURITY

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

B.5 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.4 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE

ITEM (MAR 1989)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 ADDENDUM 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR ADMINISTRATOR: __________________________________

CONTRACTOR POC NAME: ________________________________________

CONTRACTOR POC TELEPHONE NUMBER: _________________________

CONTRACTOR POC EMAIL: _____________________________________________

CONTRACTOR UNIQUE ENTITY IDENTIFIER (UEI): __________________________

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management

3. INVOICES: Invoices shall be submitted in arrears:

a. Other [X] Payment for services provided under the terms of this contract will be made upon delivery, inspection, and acceptance of all line items.

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veteran Affairs Financial Service Center (FSC) e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

6. Please insert “36C25625Q0524 Quote” in the subject line of your email. OFFEROR SHALL

COMPLETE THE FOLLOWING LOCATED IN SECTIONS BELOW OF THIS SOLICITATION

36C25625Q0524 TO BE DEEMED ACCEPTABLE:

a) Section B- Contract Administration Data, Contractor contact information.

b) Complete and Return Attachment A- 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

c) Submit manufacturer authorized distributor letter, cut sheets, and specifications if vendor is not the Original Equipment Manufacturer (OEM). (Volume 1-Technical)

d) Price/Cost Schedule, unit price, amount, and grand total. (Volume 2-Price)

EVALUATION: The Government will award a contract resulting from this solicitation to quoter whose offer represents the most advantageous to the Government, price and other factors considered. All quoters shall have a current registration in the System for Award Management (SAM) to be considered for award, if you are Small Business you must be certified in the U.S. Small Business Administration (SBA) database to receive credit as a Small Business.

Please contact Tiffany Burks for questions or other inquiries about this solicitation via email at tiffany.burks@va.gov by 3:00p.m. Central Standard Time on March 20, 2025. If questions are received, an amendment to this request for quote will be posted with all questions and answers.

B.2 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program.

The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance.

National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS).

Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. N/A

5. N/A

6. SECURITY INCIDENT INVESTIGATION

a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

7. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data.

Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

8. SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day's notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

9. TRAINING: All Contractor personnel assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #3873736, Records Management for Records Officers and Liaisons. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training (manual) and any annual or refresher training.

‘Required course(s)’: Contractor required to complete Records Management for Records Officers and Liaisons Training (TMS) COURSE #: 3873736.

a. All Contractor personnel and subcontractor personnel requiring access to VA information and VA information systems shall sign and acknowledge (manually) understanding of and responsibilities for compliance within 1 week of the effective date of award of the contract, before being granted access to VA information and its systems; and annually thereafter, as required by the following:

(1) Sign and acknowledge (manually) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA Privacy training and annually complete required privacy training;

and

(4) N/A

b. The Contractor shall provide to the Contracting Officer and/or the Contracting Officer’s Representative (COR) a signed copy of the Contractor Rules of Behavior for each applicable Contractor personnel within one

(1) week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

(End of Clause)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 ITAMAR WATCHPAT

ONE DIRECT

1,000.00 EA

LOCAL STOCK NUMBER: CS2116045

0002 ITAMAR WATCHPAT

ONE DIRECT

SERVICES

1,000.00 EA

LOCAL STOCK NUMBER: CS2116046

GRAND TOTAL

B.4 DELIVERY SCHEDULE

*** FOB Destination. All shipping charges must be included in price of items. ***

ITEM

NUMBER SHIPPING INFORMATION DELIVERY DATE

0001-

SHIP TO: Michael E. DeBakey VAMC ATTN: Warehouse, Bldg. 100 Houston, TX 77056

US

May 31, 2025

FOB: DESTINATION

B.5 STATEMENT OF WORK

I. BACKGROUND

The Michael E. DeBakey VA Medical Center (VAMC) in Houston, TX has a requirement for Itamar WatchPat One Direct devices and Itamar WatchPat One Direct Services to conduct sleep studies.

Contractor to ensure manufacturer supported equipment functions as intended for quality care to Veteran patients. WatchPat Direct devices are a necessary asset in the Cardiology Section used for Veteran patient home sleep study this purchase will address the sleep study reserve. The Michael E. DeBakey VAMC require a quantity, 1,000-each Itamar WatchPat One Direct devices.

This is a one-time purchase for a Firm Fixed Price.

II. GENERAL INFORMATION

The Michael E. DeBakey VAMC located at 2002 Holcombe Blvd., Houston, Texas 77030 require Brand Name: Itamar WatchPat One Direct devices and Itamar WatchPat One Direct Services. The medical equipment will be used for the Michael E. DeBakey VAMC as portable home sleep apnea test and diagnostic device that uses innovative technologies to ensure the accurate detection of sleep apnea. The Contractor shall provide exact Itamar WatchPat One Direct devices and Itamar WatchPat One Direct Services. See Equipment Schedule in Section III.

III. EQUIPMENT SCHEDULE:

Item

Brief Description of Supply/ Service* Qty

1 Itamar WatchPat One Direct 1,000-EA

2 Itamar WatchPat One Direct Services 1,000-EA

IV. WARRANTY AND SUPPORT: The warranty and support shall cover all components of the requirement in accordance with standard manufacturer’s warranty. The vendor support will include assistance with device malfunctions.

V. INSPECTIONS AND ACCEPTANCE: The VA Point of Contact shall ensure all delivery is completed satisfactorily prior to acceptance. Disputes shall be resolved by the Contracting Officer.

VI. DELIVERABLES: The Contractor shall deliver all items to the Michael E. DeBakey VA Medical

Center ATTN: Warehouse, 2002 Holcombe Blvd. Houston, Texas 77030. All items shall meet manufacturer specifications. The Contractor is responsible for any missing equipment, parts, and components not included to carry out the delivery.

a) Equipment shall be packaged to prevent damage or deterioration during shipment, handling, and storage.

b) The Contractor shall provide the delegated Department of Veterans Affairs (VA) Point of Contact (POC) with Alert/Notifications of any delays in delivery as well as any or all technical advisory/recalls prior to or simultaneously with filed alerts.

c) The Contractor shall be responsible for replacement of unsuitable or damaged equipment or items delivered in error.

d) The Contractor shall pay all shipping and handling fees for equipment.

VII. HOURS OF COVERAGE: All work shall be conducted Monday through Friday at 8:00a.m. – 4:30p.m., excluding Federal holidays and unless other times are arranged in advance and approved in writing by the delegated VA POC. The Government also observes Executive Orders, President’s Proclamation, and days designated by Federal Statute.

The Government hereby provides notice, and the Contractor hereby acknowledges receipt that government personnel observe the listed days as holidays:

New Year’ Day January 01 Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth Day Third Monday in June Independence Day July 04 Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

If the holiday falls on a Sunday, the following Monday will be observed as a national holiday.

When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S. government agencies, and any other day specifically declared by the President of the United States.

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 the President’s Proclamation

It is understood and agreed between the government and the Contractor that observance of such days by the government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation. In the event the Contractor’s personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation shall be reimbursed either as a direct or indirect cost, other than Contractor normal compensation for the time worked.

VIII. The following laws, regulations, policies, and procedures, including all subsequent changes or updates apply:

IX. GLOSSARY:

CO Contracting Officer CDR Contract Deficiency Report MEDVAMC Michael E. DeBakey VA Medical Center OEM Original Equipment Manufacturer OSHA Occupational Safety and Health Administration VA Department of Veteran Affairs The Joint Commission

Business Day: A business day includes the entire 24-hour period ending at midnight, and a notice required by the regulation is effective even if given outside normal business hours.

X. GRAY MARKET PREVENTION

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original Equipment Manufacturer (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for a supply contract for the purchase of new medical equipment for the MEDVAMC. No remanufactures or gray market items will be acceptable.

(b) Vendor shall be the OEM or an approved authorized distributor for the proposed supply contract for the purchase of new medical equipment to include replacement parts (if applicable), such that the OEM’s warranty and service associated with the equipment and system is in accordance with the OEM terms and conditions.

(c) 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. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discover of such items.

XI. The Certification and Accreditation (C&A) requirements do not apply, and a Security Accreditation

Package is not required.

XII. The Contractor will not have access to VA desktop computers, nor will they have access to online resources belonging to the Government while conducting services.

XIII. CONFIDENTIALITY and NONDISCLOSURE: No information shall be released by the Contractor. Any request for information relating to this purchase order presented to the Contractor shall be submitted to the Contracting Officer for response.

Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the Contracting Officer.

XIV. PRIVACY: Contractors and any subcontractors shall adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996. This includes both the Privacy and Security Rules published by the Department of Health and Human Services (HHS).

As required by HIPAA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities, Veterans Health Administration (VHA). In accordance with HIPAA, the contractor may be required to enter into a Business Associate Agreement (BAA) with

VHA.

XV. RECORDS MANAGEMENT: Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C.

chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and shall be managed and scheduled for disposition only as permitted by statute or regulation.

In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and shall be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

The Michael E. DeBakey VAMC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Michael E. DeBakey VAMC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Michael E. DeBakey VAMC. The agency must report promptly to NARA in accordance with 36 CFR 1230.

XVI. INVOICING/ BILLING REQUIREMENTS:

The Contractor shall submit requests for payment electronically to the VA’s Tungsten Network (https://www.fsc.va.gov/einvoice.asp). Payment for services provided under the terms of this contract will be made upon delivery, inspection, and acceptance of all line items. No advance payments will be authorized.

Invoices shall include, at a minimum, the following information:

a) Company Name, Address, and telephone number

b) Invoice Date and Number

c) Purchase Order (PO) number and Task Order Number (if applicable);

d) Description, quantity, unit of measure, unit price and extended price of the items delivered.

e) Name and Title of Contact to notify in event of defective invoice.

XVII. CHANGES TO THE STATEMENT OF WORK: Any changes to the SOW shall be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be kept in the contract file along with all other documentation of the work. Any such change shall be reflected in a written modification to this contract signed by the Contractor and the Contracting Officer. Price/cost incurred by the Contractor through the actions of parties other than the Contracting Officer shall be borne by the Contractor.

END OF STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

JAN 2025

C.3 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified.

The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before contract expire. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

C.4 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM

(MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before contract expire. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.

Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.

(End of Clause)

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT A_

Attachment A- 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

This acquisition is being procured using Simplified Acquisition Procedures under the authority of FAR Part 12 and 13.5, Simplified Procedures for Certain Commercial Items. This solicitation is issued as Full and Open Competition which includes all CLIN items being requested in this solicitation. This solicitation is to establish a Firm-Fixed Price contract.

The Government intends to solicit this requirement and award a subsequent contract without discussions or negotiations. Therefore, offerors are encouraged to provide their best offer initially because the opportunity to enter into discussions or to provide a better offer at a later time will not be possible. However, if necessary, the Government reserves the right to seek clarification and to obtain additional information about offers that have been submitted from any eligible offeror. FAR Part 52.212-2, Evaluation - Commercial Items (and Addendum to FAR Part 52.212-2) provides specific information as to how the Government will evaluate offers submitted in response to this solicitation. Pursuant to FAR subpart 13.106-2, the Government will award a single, Firm- Fixed Price contract to a single, successful offeror in response to this solicitation. The Government intends to award to the offeror whose offer represents most advantageous to the Government, price and other factors considered.

QUOTE PREPARATION INSTRUCTIONS:

1. Quote Preparation

a. These instructions are designed to ensure the proper submission of information necessary to provide for comprehensive evaluation of quotes. Quoters shall carefully review this section prior to commencing preparation of quotes and take the necessary measures to ensure that the information submitted is factual, accurate, and complete.

2. Submission Instructions:

a. One electronic copy (email) of all sections of the quote (Technical and Price) shall be submitted to the Contracting Officer via email to tiffany.burks@va.gov on or before the due date and time listed in this solicitation. The contractor’s email shall include in the subject line “RFQ 36C25625Q0524 Quote

b. Faxed quotes are NOT permitted under any circumstances.

3. Quote Format

a. Electronic Copy: Provide one (1) electronic copy of the complete quote. Electronic copies must be in Microsoft Word or Adobe Acrobat format, and virus checked prior to submission.

b. The quoters shall be held responsible for the validity of all information supplied in their quote.

Please insert “36C25625Q0524 Quote” in the subject line of your email. OFFEROR SHALL

COMPLETE AND RETURN THE FOLLOWING LOCATED IN SECTIONS BELOW OF THIS

SOLICITATION 36C25625Q0524 TO BE DEEMED ACCEPTABLE:

• Section B- Contract Administration Data, Contractor contact information.

• Complete and return Attachment A- 52.204-24 Representation Regarding Certain

Telecommunications and Video Surveillance Services or Equipment

• Submit manufacturer authorized distributor letter, cut sheets, and specifications if vendor is not the Original Equipment Manufacturer (OEM). (Volume 1-Technical)

• Price/Cost Schedule, unit price, amount, and grand total. (Volume 2-Price)

Volume 1 contains one section, Technical.

a. Technical

i. Offeror’s Technical Capability-Offers shall submit with technical quote its authorized distributor memo/letter from the manufacturer. Offer shall provide proof that its firm is an authorized distributor of the product. The VA does not accept grey market items. Grey/gray market also known as a parallel market, is the trade of a commodity through distribution channels which, while legal, are unofficial, unauthorized, or unintended by the original manufacturer.

ii. Offeror’s Qualifications

Volume 2 contains one section, Pricing Information. A summary of the Price-Volume 2 requirement is listed as follows: Complete and return Section B.3 Price/Cost Schedule. Contractor shall complete all pricing in the B.3 Price schedule. CLINS (Contract Line Items) without pricing will be found unacceptable. (The Government seeks discounts. Identify any discounts offered and the amount within the line-item description).

Past Performance - The Contractor does not need to turn in any information for past performance. CPARS will be reviewed.

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far…