S02 36C25621Q1140 v3.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 65

502-21-3-084-0152

36C25621Q1140 08-03-2021

Frank Mendoza 713-791-1414 x22769 08-06-2021

15:00 CDT

36C256 Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe Boulevard Houston TX 77030 4298

X 100

X

334310

750 Employees

N/A

X

36C502

Department of Veterans Affairs Michael E. DeBakey VA Medical Center Receiving Warehouse Building 100 2002 Holcombe Boulevard Houston TX 77030-4298

36C256

Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe Boulevard Houston TX 77030 4298

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

1-877-489-6135 512-460-5429

See CONTINUATION Page

Contractor shall provide a Physiological Monitoring Telemetry Service System in accordance with the price/cost schedule and the Statement of Work in support of the Alexandria Veterans Healthcare System.

Refer to description of price/cost schedule and statement of Work on pages 6 to 14 for additional instructions.

Refer to FAR 52.212-1 and FAR 52.212-2 for instructions to Offerors and Evaluation factors pages 38 and 48.

This solicitation is being conducted in accordance with Federal Acquisition Regulation (FAR) 12, 13, and 13.5.

$0.00 See CONTINUATION Page

X

X 1

Frank Mendoza

VA-VHA-2021-60E358EC

36C25621Q1140

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

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

C.3 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL

BUSINESS CONCERNS (MAR 2020) (JUN 2020) (DEVIATION)

C.4 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES

(JAN 2020) (JUL 2020) (DEVIATION)

C.5 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.7 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.9 852.219-10DEV VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2019) (NOV 2020) (DEVIATION)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.11 VAAR 852.247-74 ADVANCE NOTICE OF SHIPMENT (OCT 2018)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

None

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)

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 (OCT 2020)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT:

Phone: ____________________________________

Email: ____________________________________

DUNS Number: ____________________________ TAX ID:

Frank Mendoza, Contracting Officer Department of Veterans Affairs Network Contracting Office 16 2002 Holcombe Boulevard Houston, TX 77030

Phone: 713-791-1414 x22769 Email: francisco.mendoza@va.gov

Edel Ramirez-Vargas, Contracting Officer's Representative Department of Veterans Affairs Alexandria VA Health Care System 2495 Shreveport Highway Pineville, LA 71360

Phone: 318-466-2865 Email: edel.ramirez-vargas@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor shall be electronically reimbursed:

[X} 52.232-33, Payment by Electronic Funds Transfer- System For Award

Management mailto:francisco.mendoza@va.gov mailto:edel.ramirez-vargas@va.gov

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [ x ] Upon delivery, installation, and Government acceptance of 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.

5. SECURE FAX: Please review VA Handbook 6500 that requires the following statement on all fax cover sheets be included: This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

Philips PIC iX Software Brand Name or Equal Installed IAW the

Statement of Work.

Contract Period: Base POP Begin: 08-20-2021 POP End: 10-20-2021

LOCAL STOCK NUMBER: 891105

Philips Central Monitoring HW Brand Name or Equal Installed IAW the

Statement of Work.

Contract Period: Base POP Begin: 08-20-2021

LOCAL STOCK NUMBER: 891106

Philips Flex Care Monitors Brand Name or Equal Installed IAW the

Statement of Work.

Contract Period: Base POP Begin: 08-20-2021

LOCAL STOCK NUMBER: 891109

Philips Measurement Servers Brand Name or Equal Installed IAW the

Statement of Work.

Contract Period: Base POP Begin: 08-20-2021

LOCAL STOCK NUMBER: 891111

Philips Plug-in Modules Brand Name or Equal Installed IAW the

Statement of Work.

Contract Period: Base POP Begin: 08-20-2021

LOCAL STOCK NUMBER: 891113

Philips Telemetry Brand Name or Equal Installed IAW the Statement of

Work.

Contract Period: Base POP Begin: 08-20-2021

LOCAL STOCK NUMBER: 891116

Philips ECG Trunks Brand Name or Equal Installed IAW the Statement of Work.

Contract Period: Base POP Begin: 08-20-2021

LOCAL STOCK NUMBER: 891126

PHILIPS SPO2 CABLES Brand Name or Equal Installed IAW the

Statement of Work.

Contract Period: Base POP Begin: 08-20-2021

LOCAL STOCK NUMBER: 891126

Installation Site Service IAW the Statement of Work.

Contract Period: Base POP Begin: 08-20-2021

LOCAL STOCK NUMBER: 890500

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

1.00

B.4 STATEMENT OF WORK

Physiological Monitoring Telemetry System

1. Background.

a. The current physiological monitoring system in use at the Alexandria Veterans Affairs (VA) Health Care System (AVAHCS) utilizes two different vendor solutions and needs to have a single vendor solution for all patient data to flow properly to the electronic patient record. Additionally, the current vendors do not have a Cerner compatible solution for the full spectrum of physiological monitoring needs of AVAHCS.

b. The current physiological monitoring solution does not have a viable telemetry solution that can be implemented in our facility. A one manufacturer solution for the physiological monitoring needs data transferability capability moving forward in preparation for the Cerner implementation.

2. Purpose of Project

a. Upgrading the system’s platform and infrastructure to a single vendor will bring AVAHCS up to an acceptable standard of care. Furthermore, upgrading the existing infrastructure is the only adequate option to take because the medical center needs to have standardized monitoring in for patient safety during emergencies.

b. The existing monitoring system located in the medical center is not currently up to the equipment’s standards. Various construction projects have occurred since the initial installation so consequently upgrading and replacing the existing cabling and hardware is an expected component of this project.

3. Scope.

a. Contractor shall provide all equipment, labor, material, and supplies necessary to upgrade and install a complete wireless telemetry patient monitoring system, for the AVAHCS as defined in this statement of work and according with the respecting Federal Supply Service (FSS) contract of the awardee. This procurement is being conducted under the authority of the Federal Acquisition Regulation (FAR). Prices are all inclusive for items and conditions identified in the Statement of Work (SOW) including any associated shipping and handling to or from Alexandria LA.

b. The following areas need to be included in the facility physiological monitoring solution for

AVAHCS.

(1) All counts are approximate and will be finalized upon walk-through. The facility will keep any of the existing system’s inventories that are viable and equipment being replaced should be considered for trade-in value. Any cost savings associated with equipment, implementation, and licensure will be considered when evaluating submittals.

(2) A single contract order shall be awarded for the medical center. Offers should be based on ability to upgrade, replace, and install services summarized in the table below.

Table 1: Scope of the project requirements

Unit Location Bed

Count

Central Monitoring

Station

Hardwired Bedside Monitor

Telemetry Transmitters

Antenna Install

Transport Monitor

(WiFi compatible)

Urgent Care Clinic

(UCC)

Bldg 7, 1st Floor, A03 3

1-12 bed view minimum 3 0 No 4

Imaging Suite

Building 7, 1st Floor, Imaging Suite

0 0 0 0 Yes

(MR

Compatible)

7A South Nursing

(7AS)

Building 7, 2nd Floor, Southern Wing

1-32 bed view minimum

0 16 Yes 0

C-19 Nursing (C19)

Building 7, 3rd Floor, Northern Wing

1-32 bed view minimum

7 7 Yes 0

PACU

Building 7, 4th Floor, OR Suites

7 0 7 0 No 0

Anesthesia Machines

(OR)

Building 7, 4th Floor, OR Suites

4 0 4 0 No 0

4. Specific Tasks.

a. Central Station(s). This equipment must permit the user to view all networked monitors associated with the particular care area. This shall include, but not be limited to, a large high quality display, software, mounts, UPS and all connections and accessories to accommodate the remote monitoring functionality. The equipment shall provide the following features and functionality:

• Hardware, software, and licenses must be provided and compatible with existing monitoring system

• Display must be 24-27 inches

• Full Disclosure o At least 72 hours o At least 6, user selectable, parameters per patient o May be stored at central station or on a separate server

• The number of patients displayed on the central station will be unit specific o Up to 32 simultaneous views on a display.

• Displays waveforms and numerical information

• Central Station and full disclosure may be on separate computers

• Enables users of central station to rapidly view, adjust, and respond to alarms.

o Alarm review o At least 3 levels of alarms with visual and audible alerts o Ability to print alarms and measured parameters

• Arrhythmia Histories

• Graphic trends

• Tabular trends

• Easy trend data review capability for physicians

• Touch screen and Keyboard and mouse to enter patient information

• 2 channel strip recorder

• Industry standard hard-wired printer

• Industry standard non-proprietary display

• UPS to power the central station processor and monitor for at least 10 minutes

• System shall be configured to allow all telemetry packs and/or patient monitors networked in associated care area to be viewed on the central station and any central station client system associated with said central station.

o Networked to allow view of patients in other units from any central station.

• Include features that enable remote diagnostics, troubleshooting, and maintenance of equipment.

• System shall permit the exchange of HL7 data with VISN 16 Clinical Information Systems.

b. Hard-Wired Bedside Monitors. The hard-wired bedside monitors shall include, but not be limited to, the following functionality:

a. Monitoring of physiological data including: Nellcor SpO2, continuous ECG, HR, etCO2, respiration.

b. Display is a minimum of 12-inches wide

c. Monitor must have built in battery backup

d. Monitor must be able to transfer patient data to transport monitor

e. Permits viewing from remote central monitoring station

c. Transport Monitors. The transport monitors shall include, but not be limited to, the following functionality:

a. Monitoring of physiological data including: Nellcor SpO2, continuous ECG, HR, etCO2, respiration.

b. Display is a minimum of 12-inches wide

c. Monitor must have built in battery backup

d. Monitor must be able to transfer patient data to bedside monitor

d. MR Compatible Transport Monitors. The monitor shall include, but not be limited to, the following functionality:

a. Monitoring of physiological data including: Nellcor SpO2, continuous ECG, HR, etCO2, respiration.

b. Display is a minimum of 12-inches wide

c. Monitor must have built in battery backup

d. Monitor must be able to transfer patient data to transport monitor/bedside monitor

e. Must be compatible with Philips Ingenia 1.5T MRI

e. Hard-Wired Bedside Monitors (Anesthesia Machines). The hard-wired bedside monitors on

Anesthesia Machines shall include, but not be limited to, the following functionality:

a. Monitoring of physiological data including: Nellcor SpO2, continuous ECG, HR, etCO2, respiration, and bispectral index monitoring

b. Display is a minimum of 12-inches wide

c. Monitor must have built in battery backup

d. Monitor must be able to transfer patient data to transport monitor

e. Must be compatible with Drager Innovian’s Anesthesia Record Keeping solution

f. Telemetry Transmitters. The telemetry portion of the system shall provide coverage for the specified areas of the facility through use of existing infrastructure, replacement infrastructure, or a combination of both. Offeror shall be responsible for site survey, design, system infrastructure, installation, commissioning, and project management. The telemetry transmitters shall include, but not limited to, the following functionality:

a. Patient worn device enabling wireless monitoring of physiological data including:

Nellcor SpO2, continuous ECG, HR, PVC, pulse, and respiration.

b. Permits viewing from remote central monitoring station

c. Transmits in 600MHx or 1.4GHz (WMTS Spectrum)

d. Must have a minimum 2.5” color LCD touchscreen display with automatic screen locking

e. Shall be capable of reviewing up to 10 minutes of full disclosure and trends

f. Shall withstand accidental water submersion per IPX7, IEC 60592

g. Must utilize a 1.4 GHz smart hopping network to prevent interference with existing wireless networks and equipment in the facility

h. Shall record data locally when not connected to a wireless network. This data shall be uploaded once wireless network is reconnected.

g. General Specifications All upgrades, hardware, and software must be compatible with existing medical center monitoring system. The upgrade shall cover the telemetry units including:

• For all monitoring hardware must be able to interface with VISTA/CPRS.

• This includes complete implementation and set-up for all monitoring hardware to be able to view VISTA/CPRS records and send/receive (i.e. open/ close consults) information into VISTA/CPRS.

• Turn-Key Installation providing all services, hardware, and accessories for a complete and functional system.

• The monitors will be networked together unless otherwise specified by the Service Line

POC.

• Minimal layers of Data entry to facilitate rapid acquisition of patient data.

• All cables and accessories to provide a complete and functional system are included.

• Must provide continuity of monitoring of patients during the project to install new monitoring.

• Must have at least two (2) field service engineers within 4 hours of Alexandria LA.

h. Training

• Clinical training for all shifts to train tele-nurses on the new central stations and upgrade.

• Biomedical Engineering training shall be equal to the training provided by the manufacturer for their service personnel, and will train the designated in-house personnel on the calibration, maintenance, and repair of the entire system purchased. This training will occur at the location of the Offeror’s training facility, and shall include associated travel and lodging expenses. This training shall be provided prior to expiration of the warranty period.

i. Cabling/Network

• The vendor will provide current and official MDS2 and 6550 forms regarding all the equipment they are providing as part of the monitoring installation.

• All cabling and accessories to provide a complete and functional system.

o If current cabling and antennas are to be re-used it must be recertified with proper documentation presented to the Service Line POC.

o Current cabling must be CAT 5 certified or higher, if it is not it must be removed and re-wired.

• All current network hardware: switches, routers, hubs, etc. must be replaced if not compatible with system upgrade.

• The quote for the network installation needs to be a separate line item than the equipment and shall include cost per network node, including cable run, terminations, any necessary hardware and installation cost.

• All above ceiling cabling runs shall be tie-wrapped and placed in telephone/data trough, in a conduit, or properly routed through interstitial area per hospital facilities requirements and local electric codes.

• Cables shall be bundled neatly and in a professional manner especially when cables converge at network hardware.

• Cables shall be marked at each end indicating the termination point of the other end.

• All new network cabling, terminations, and any patch panels used shall be CAT5E/CAT6 certified.

• All cables shall be terminated TIA568A.

• Any cable run through plenum space shall be plenum rated according to NEC and applicable fire codes.

• All cable runs shall be tested and certified in accordance with TSB-67 and TIA/EIA 568-

A or latest TIA/EIA Revisions.

• The Offeror shall provide a copy of all test results to the COR in electronic format that can be displayed and/or viewed.

o Cable length shall be included in this report.

o Documentation of the network shall also be provided and include a marked up drawing (as built) showing jacks and room locations.

• The system will be configured to view patients throughout the hospital or care areas.

• Drawings that indicate the location of the monitoring devices will be provided for the

Medical Center.

• Interface will be compliant with VA National interface standard.

o All networking equipment must be Cisco. (Switches, hubs, routers, etc.)

• Any offsite server or network maintenance or support provided by the Offeror can only be done via Virtual Private Network (VPN) access after the Offeror has obtained the VPN access from the VA.

o Contractor must provide VPN contract number if applicable.

• All networking hardware shall be rack mounted in room designated by Facility Project Manager or Service Line POC.

• INFECTION CONTROL POLICIES SHALL BE ADHERED TO AT ALL TIMES AND

PERMITS APPROVED EACH DAY AND POSTED.

5. Enterprise Management Controls.

a. Integration Management Control Planning. Provide the technical and functional activities at the required level for integration of all tasks specified within this SOW. Include productivity and management methods such as quality assurance, progress/status reporting and program reviews.

Provide the centralized administrative, clerical, documentation and related functions.

b. Contract Management. Prepare a Contract Management Plan describing the technical approach, organizational resources and management controls to be employed to meet the cost, performance and schedule requirements throughout Contract execution. Provide a monthly status report monitoring the quality assurance, progress/status reporting and program reviews applied to this contract.

6. Deliverables.

a. Project Management Plan (Any contractor format accepted)

b. Monthly or as requested by the CO Status Reports (Any contractor format accepted)

7. Performance Monitoring.

a. Performance will be monitored by the Service Line Point of Contact, Edel Ramirez-Vargas, or the Biomedical Engineering technical Point of Contact, Mindy Gonzales, throughout the implementation of this project. Any deficiencies will be reported to the Contracting Officer.

8. Maintenance Requirements

a. Licensing Software updates

The Offeror shall provide at no charge for the duration of the warranty period (minimum of five years) all computer software, access keys or codes, or external devices required for the operation, calibration, or repair of the equipment purchased. Any such items not listed on the price quote and required for maintenance of the system, shall be taken as included with the purchase of the system. Any minor upgrades or changes to the maintenance software, hardware, or access keys or codes shall be provided at “no charge” to the medical center during the time the equipment is operational at this facility. All application software licenses are included in the purchase of the equipment and shall not a require renewal charge for the period of time the equipment is in use in the facility.

b. Warranty The Offeror shall provide a minimum warranty of no less than five (5) years for parts and labor after date of installation. All equipment sent for replacement must be returned/replaced with a working replacement within 48 hours of receipt to the Alexandria VA Health Care System.

c. Service

• The Offeror shall provide annual pricing for service and support post warranty for a period of five years. In addition, maintenance and other service shall be provided with 24 hours of notice of failure.

• Emergency service must be provided within 6 hours of notification. Telephone response does not satisfy this requirement. An emergency is deemed anything which prevents system operation or disrupts continued patient care.

• The contractor guarantees availability of servicing and replacement parts for a period of ten (10) years from the point of install.

d. User and Service Manuals

• The Offeror shall provide, at no charge, two (2) complete and unabridged printed copies and one (1) electronic version (CD) of operator manuals, service manuals, electronic schematics, troubleshooting guides and parts lists for each piece of equipment purchased to the Service Line Point of Contact with delivery of equipment. Additionally any upgrades to these documents shall be provided by the Offeror free of charge. These manuals will include all components and subassemblies, including those not manufactured by the Offeror. These manuals and documentation shall be identical to the ones supplied to the manufacturer’s service representatives and shall contain the diagnostic codes, commands, and passwords utilized in maintenance, repair and calibration of the equipment.

e. Biomedical testing Equipment

• The Offeror shall include all necessary biomedical testing and preventative maintenance equipment necessary for the system

f. Hardware Upgrades

• At the time of award all equipment and related peripherals contracted for shall be state-of-the-art technology. "State-of-the-art" is defined as the most recently designed components that are announced for marketing purposes, available, maintained and supported in accordance with mandatory requirements specified in the solicitation.

Components and products with a manufacturer's planned obsolescence within the first year of contract award are not acceptable.

• If hardware upgrades become available after award of this contract but prior to installation of the equipment, the contractor is requested to offer them to the Contracting Officer for consideration

9. Security Requirements

a. Vendor must provide a valid MDS2 and 6550 form with the quotation documentation. A

Security Accreditation Package is not required.

10. Packaging, Packing and Shipping Instructions

a. Vendor is responsible for delivery coordination as part of implementation project management.

(End of Statement of Work)

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

C.3 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR

HUBZONE SMALL BUSINESS CONCERNS (MAR 2020) (JUN 2020)

(DEVIATION)

(a) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(b) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes.

[ ] Offeror elects to waive the evaluation preference.

(c) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR

126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of Clause)

C.4 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND

REMEDIES (JAN 2020) (JUL 2020) (DEVIATION)

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor.

(The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

(End of Clause)

C.5 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Addendum to 52.212-4)

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety…