Source Sought IHS1511281 ScriptPro Medication Dispensing System SAM Annoucement.pdf

Sources Sought: Brand Name Only ScriptPro Medication Dispensing System to provide equipment, licensing, preventative maintenance, repair service and technical support 24/7/365 per year.

Sources Sought Notice Number: IHS1511281

This Sources Sought Notice is for informational and planning purposes only and shall not be construed as a solicitation, an obligation or commitment by the Indian Health Service.

This notice is intended strictly for market research to determine the availability of Indian Small Businesses Economic Enterprise (ISBEE) and/or Indian Economic Enterprises (IEE)

Your responses to the information requested will assist the Government in determining the appropriate acquisition method, including whether a set-aside is possible. The anticipated applicable NAICS code for this acquisition is 423450, Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers or 339112, Surgical and Medical Instrument Manufacturing Industry - other relevant NAICS codes will be considered based on responses received.

1.0 BACKGROUND

The Indian Health Service (IHS), Great Plains Area (GPA) location, located in Aberdeen, SD plans to identify potential sources that can provide brand name only medical equipment, supplies and services.

The purpose of this request is to identify potential ISBEE and/or IEE vendors or contractors to purchase and deliver a new brand name only, ScriptPro Medication Dispensing System to provide equipment, licensing, preventative maintenance, repair service and technical support 24/7/365 per year; service and support for the IHS Great Plains Area, Office of Environmental Health and Engineering (OEHE), Aberdeen, SD.

The purpose to provide for purchased equipment expansion needs as identified by Great Plains Area Indian Health Services Service Units as needed. Provide for licensing, and service/maintenance for the owned ScriptPro medication dispensing systems at the following Indian Health Service Locations/Facilities:

• Woodrow Wilson Keeble Memorial Health Care Center (Sisseton, SD)

• Standing Rock IHS Hospital (Ft Yates, ND)

• McLaughlin Health Center (McLaughlin, SD)

• Lower Brule Health Center (Lower Brule, SD)

• Wagner Indian Health Center (Wagner, SD)

1.1 OBJECTIVE

The primary objective of this project is to secure the purchase and delivery of a new, brand name only, ScriptPro Medication Dispensing System to provide equipment, licensing, preventative maintenance, repair service and technical support 24/7/365 per year; service and support for the IHS Great Plains Area, Office of Environmental Health and Engineering (OEHE), Aberdeen, SD.

The Contractor shall provide for items listed under the ‘Equipment/ Specs’ section in this document.

ScriptPro warrants and implies that the items delivered hereunder are merchantable, fit for use for the particular purpose and will be free from defects in materials and workmanship for a period of not less than one (1) year from the date of installation. ScriptPro will replace all parts found defective within the period, with the cost of replacement, including shipping charges, to be borne by ScriptPro. This warranty is void if the Equipment or Software has been installed or modified other than as authorized in writing by ScriptPro.

Under no circumstances will any Equipment covered by this guarantee be returned without: (a) advance written notice to ScriptPro, or (b) obtaining shipping instructions from ScriptPro. In the event an Agency ordering error occurs and is brought to the attention of ScriptPro prior to installation of the Equipment, the Government will be responsible for all return shipping charges and a restock charge of ten percent (10%) of the FSS net Purchase Price offered to the Government. In the event a ScriptPro shipping error occurs, ScriptPro will be responsible for all return shipping charges and no restocking fee will be assessed. In such an event, ScriptPro will arrange for pickup of the Equipment.

Customer Technical Support Includes:

Software updates available at no additional charge

a) Hardware updates that fix a ScriptPro defined functionality problem

b) Routine inspections and maintenance

c) 24-hour, 7 day per week, 800# helpline for software, hardware, or user questions

d) On-site service technician will be dispatched within 24 hours if required (all costs included)

e) New hardware functionality will be offered as a fee-based service

f) ScriptPro offers this coverage only at the time of installation.

g) A Customer Replaceable Parts list is attached which identifies parts a customer can replace to help decrease resolution times. Customer will be responsible for the cost of unreturned replaced parts that are designated Returned Material Authorization (RMA)

The Contractor shall be responsible for travel, lodging, per diem, fringe benefits, Federal/State/Local taxes, plus any other costs pertinent to the performance of this contract.

2.0 SCOPE

See attached Specifications and Statement of Work for a brand name only, ScriptPro Medication Dispensing System to provide equipment, licensing, preventative maintenance, repair service and technical support 24/7/365 per year; service and support for the IHS Great Plains Area, Office of Environmental Health and Engineering (OEHE), Aberdeen, SD. See attached Statement of Work/Specifications on requirements.

3.0 CONTRACT REQUIREMENTS/ AND PERSONNEL QUALIFICATIONS

See attached Statement of Work/Specifications on requirements.

4.0 TYPE OF ORDER

This is a firm fixed-price, commercial item, purchase order medical equipment and supplies. The unit price is an all-inclusive cost. All "inclusive cost" is defined to-include travel, lodging, per diem, fringe benefits, i.e., life insurance, social security, federal, state, and local taxes, plus all other costs pertinent to the performance of this purchase.

5.0 ANTICIPATED PERIOD OF PERFORMANCE

Period of Performance: Award of contract for one (1) year.

6.0 PLACE OF PERFORMANCE

Woodrow Wilson Keeble Memorial Health Care Center – IHS 100 Lake Traverse Drive Sisseton, SD 57262

Standing Rock Service Unit – Fort Yates Hospital 10 Standing Rock Avenue Fort Yates, North Dakota 58538

McLaughlin IHS Health Center 701 East 6th Street McLaughlin, SD 57642

Lower Brule IHS Health Center 601 Gall Street Lower Brule, SD 57548

Wagner IHS Hospital 111 Washington AVE NW Wagner, SD 57380

7.0 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE

Delivery shall be made 180 days after the award is distributed.

8.0 PAYMENT

INVOICE SUBMISSION AND PAYMENT

Invoice Processing Platform (IPP)

The Indian Health Service (IHS) is in the process of implementing an electronic invoicing system.

In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum, Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing, directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests.

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2015/m-15-19.pdf already done so. If your organization is already registered to use IPP, you will not be required to re-register- however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.

The IPP website address is: https://www.ipp.gov

If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov

Should the contractor feel that use of the IPP would be unduly burdensome, their response to this solicitation should include an explanation of this position for a determination by the contracting officer.

Additional Information:

A. Anticipated Period of Performance:

The Period of Performance shall be 180 after the award is distributed. However, the delivery timeframe will be addressed with COR/program afterward.

B. Capability Statement/Information:

B1. The Contractor must provide only new equipment and new parts for the required products described herein; no used, refurbished, or remanufactured equipment or parts shall be provided under any circumstances. Absolutely no Gray Market Goods or Counterfeit Electronic Parts shall be provided. Gray Market Goods are defined as genuine branded goods intentionally or unintentionally sold outside of an authorized sales-territory or by non-authorized dealers in an authorized territory. All equipment shall be accompanied by the Original Equipment Manufacturers (OEMs) warranty. Counterfeit Electronic Parts are defined as unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

B2. Interested parties are expected to review this notice to familiarize itself with the requirements of this project. Failure to do so will be at your firm’s own risk. The following information shall be included in the capability statement:

1. Company Name and Company SAM Unique Entity identifier (UEI) number.

2. System for Award Management (SAM) registration status. All respondents must register on the SAM located at http://www.sam.gov .

3. Name, Telephone number and E-mail address of a company point of contact who has the authority and knowledge to clarify responses with government representatives.

4. Date Submitted

5. Applicable company GSA Schedule number or other available procurement vehicle.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov http://www.sam.gov/

6. Business Size Standard of Company (i.e. small business, 8(a), Woman owned, veteran owned, etc.).

7. Capability Statement: Detailed capability statement addressing the company’s qualifications and ability to provide the requirements listed herein, with appropriate and specific documentation supporting claims of recent organizational and staff capability to support this requirement. If significant subcontracting or teaming is anticipated to deliver technical capability, organizations should address the administrative and management structure of such arrangements.

8. Geographic Coverage: Please identify the areas of the United States where your organization provides this supplies/equipment.

9. References: Provide a list of all private industry or government contracts for similar items that you have delivered within the last 3 years. Please include the customers’ contact names, addresses, telephone number, dollar value of contract, and brief description of the supplies provided on the contract.

10. Specifications: Provide evidence that you can meet the attached Specifications.

11. Delivery/Logistics: Provide evidence that the item is readily available and can meet the Delivery timeframe.

12. Warranty: Provide evidence that the item has warranty options.

13. If American Indian/Native American owned small business, then complete attached IEE Representation Form.

C Closing Statement

C1. Point of Contact: Ursula Maslonka, Contract Specialist, at Ursula.Maslonka@ihs.gov

C2. Submission Instructions:

Interested parties shall submit capability via email to Ursula Maslonka, Contract Specialist, at Ursula.Maslonka@ihs.gov; the following information:

Sources Sought Number IHS1511281 in the Subject line. The due date for receipt of statements is August 13, 2025, 9:00 am Central Time.

All responses must be received by the specified due date and time in order to be considered.

This notice is for information and planning purposes only and shall not be construed as a solicitation or as an obligation on the part of IHS.

IHS does not intend to award a contract on the basis of responses nor otherwise pay for the preparation of any information submitted. As a result of this notice, IHS may issue a Request for Quote (RFQ).

THERE IS NO SOLICITATION AVAILABLE AT THIS TIME. However, should such a requirement materialize, no basis for claims against IHS shall arise as a result of a response to this notice or IHS’s use of such information as either part of our evaluation process or in developing specifications for any subsequent requirement.

Disclaimer and Important Notes. This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use mailto:Ursula.Maslonka@ihs.gov mailto:Ursula.Maslonka@ihs.gov information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization’s qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. After a review of the responses received, a pre-solicitation synopsis and solicitation may be published in SAM.gov.

However, responses to this notice will not be considered adequate responses to a solicitation.

Confidentiality. No proprietary, classified, confidential, or sensitive information should be included in your response.

Great Plains Area Indian Health Service Statement of Work

Acquisitions, upgrades, and installations for ScriptPro Medication Dispensing Systems

Purpose:

To provide for purchased equipment expansion needs as identified by Great Plains Area Indian Health Services Service Units as needed. Provide for licensing, and service/maintenance for the owned ScriptPro medication dispensing systems at the following Indian Health Service Locations/Facilities:

• Woodrow Wilson Keeble Memorial Health Care Center (Sisseton, SD)

• Standing Rock IHS Hospital (Ft Yates, ND)

• McLaughlin Health Center (McLaughlin, SD)

• Lower Brule Health Center (Lower Brule, SD)

• Wagner Indian Health Center (Wagner, SD)

Contractor Responsibilities:

The Contractor shall provide for items listed under the ‘Equipment/ Specs’ section in this document.

ScriptPro warrants and implies that the items delivered hereunder are merchantable, fit for use for the particular purpose and will be free from defects in materials and workmanship for a period of not less than one (1) year from date of installation. ScriptPro will replace all parts found defective within the period, with the cost of replacement, including shipping charges, to be borne by ScriptPro. This warranty is void if the Equipment or Software has been installed or modified other than as authorized in writing by ScriptPro. Under no circumstances will any Equipment covered by this guarantee be returned without: (a) advance written notice to ScriptPro, or (b) obtaining shipping instructions from ScriptPro.

In the event an Agency ordering error occurs and is brought to the attention of ScriptPro prior to installation of the Equipment, the Government will be responsible for all return shipping charges and a restocking charge of ten percent (10%) of the FSS net Purchase Price offered to the Government. In the event a ScriptPro shipping error occurs, ScriptPro will be responsible for all return shipping charges and no restocking fee will be assessed. In such event, ScriptPro will arrange for pickup of the Equipment.

1. Customer Technical Support Includes:

a) Software updates available at no additional charge

b) Hardware updates that fix a ScriptPro defined functionality problem

c) Routine inspections and maintenance

d) 24-hour, 7 day per week, 800# helpline for software, hardware, or user questions

e) On-site service technician will be dispatched within 24 hours if required (all costs included)

f) New hardware functionality will be offered as a fee-based service

g) ScriptPro offers this coverage only at time of the installation.

h) A Customer Replaceable Parts list is attached which identifies parts a customer can replace to help decrease resolution times. Customer will be responsible for the cost of unreturned replaced parts that are designated Returned Material Authorization (RMA)

2. The Contractor shall be responsible for travel, lodging, per diem, fringe benefits, Federal/State/Local taxes, plus any other costs pertinent to the performance of this contract.

Equipment/ Specs:

Service Unit

Item Quantity

Ft. Yates ScriptPro Remote Access Server for WMS (Inbound Access to WMS Software for up to five sessions) 1

ScriptPro Remote Access Server for WMS (Inbound Access to WMS Software for up to five sessions) installation services 1

ScriptPro Scanner – Barcode Scanner 3 ScriptPro Scanner – Barcode Scanner installation services 3 ScriptPro Customer Hard Drive Retention HCI 1000/ HCI 2000/

Workflow Platform Server 1

ScriptPro Customer Hard Drive Retention Robotic Systems 1 ScriptPro Firewall Management installation services 1 ScriptPro Endpoint Security Management (per pharmacy) installation services 1

ScriptPro SPX00/CRSX On-Site Upgrade, Legacy CPU to i5C6, Peripherals, Windows 11 – Robot Upgrade 1

ScriptPro SPX00/CRSX On-Site Upgrade, Legacy CPU to i5C6, Peripherals, Windows 11 – Robot Upgrade installation services 1

ScriptPro SP Datapoint or Notice Board Factory Upgrade, Legacy CPU to i5C6, Peripherals, Windows 11 2

ScriptPro SP Datapoint or Notice Board Factory Upgrade, Legacy CPU to i5C6, Peripherals, Windows 11 installation services 2

ScriptPro SPC On-Site Upgrade, Gen 8c+, Server OS 2019, SQL 2019 1 ScriptPro SPC On-Site Upgrade, Gen 8c+, Server OS 2019, SQL 2019 installation services 1

Lower Brule

ScriptPro Electronic Signature, Locking Stand 1

ScriptPro Customer Hard Drive Retention HCI 1000/ HCI 2000/ Workflow Platform Server 1

ScriptPro Customer Hard Drive Retention Robotic Systems 1 ScriptPro Firewall Management installation services 1 ScriptPro Endpoint Security Management (per pharmacy) installation services 1

ScriptPro SPX00/CRSX Remote Upgrade, Windows 11 – Robot Upgrade 1

ScriptPro SPX00/CRSX Remote Upgrade, Windows 11 – Robot Upgrade installation services 1

ScriptPro SP Datapoint, Notice Board, or Kiosk Remote Upgrade, Windows 11 3

ScriptPro SP Datapoint, Notice Board, or Kiosk Remote Upgrade, Windows 11installation services 3

ScriptPro SPC On-Site Upgrade, Server OS 2019, SQL 2019 1 ScriptPro SPC On-Site Upgrade, Server OS 2019, SQL 2019 installation services 1

McLaughlin ScriptPro Remote Access Server for WMS 1 ScriptPro Remote Access Server for WMS installation services 1 ScriptPro Scanner – Barcode Scanner 3 ScriptPro Scanner – Barcode Scanner installation services 3 ScriptPro Customer Hard Drive Retention HCI 1000/ HCI 2000/

Workflow Platform Server 1

ScriptPro Customer Hard Drive Retention Robotic Systems 1 ScriptPro Endpoint Security Management (per pharmacy) installation services 1

ScriptPro SPX00/CRSX On-Site Upgrade, Legacy CPU to i5C6, Peripherals, Windows 11 – Robot Upgrade 1

ScriptPro SPX00/CRSX On-Site Upgrade, Legacy CPU to i5C6, Peripherals, Windows 11 – Robot Upgrade installation services 1

ScriptPro SP Datapoint, Notice Board, or Kiosk Remote Upgrade, Windows 11 1

ScriptPro SP Datapoint, Notice Board, or Kiosk Remote Upgrade, Windows 11 installation services 1

ScriptPro SP Datapoint or Notice Board Factory Upgrade, Legacy CPU to i5C6, Peripherals, Windows 11 1

ScriptPro SP Datapoint or Notice Board Factory Upgrade, Legacy CPU to i5C6, Peripherals, Windows 11 installation services 1

Sisseton ScriptPro Remote Access Server for WMS 1 ScriptPro Remote Access Server for WMS installation services 1 ScriptPro Scanner – Barcode Scanner 1 ScriptPro Scanner – Barcode Scanner installation services 1 ScriptPro Electronic Signature Device 4 ScriptPro Electronic Signature Device installation services 4 ScriptPro Customer Hard Drive Retention HCI 1000/ HCI 2000/

Workflow Platform Server 1

ScriptPro Customer Hard Drive Retention Robotic Systems 1 ScriptPro Firewall Management installation services 1 ScriptPro Endpoint Security Management (per pharmacy) installation services 1

ScriptPro SPX00/CRSX On-Site Upgrade, Legacy CPU to i5C6, Peripherals, Windows 11 – Robot Upgrade 1

ScriptPro SPX00/CRSX On-Site Upgrade, Legacy CPU to i5C6, Peripherals, Windows 11 – Robot Upgrade installation services 1

ScriptPro SP Datapoint or Notice Board Factory Upgrade, i5C4 to i5C6, Windows 11 8

ScriptPro SP Datapoint or Notice Board Factory Upgrade, i5C4 to i5C6, Windows 11 installation services 8

ScriptPro SP Datapoint or Notice Board Factory Upgrade, Legacy CPU to i5C6, Windows 11 1

ScriptPro SP Datapoint or Notice Board Factory Upgrade, Legacy CPU to i5C6, Windows 11 installation services 1

ScriptPro Image Storage Migration 1 Wagner ScriptPro IS/IVR Factory Upgrade, i5, Server OS 2012+, SQL 2014+ 1 ScriptPro IS/IVR Factory Upgrade, i5, Server OS 2012+, SQL 2014+ installation services 1

Government Furnished Property, Facilities, and Services:

Clinical Engineering and IT personnel, if technical assistance is needed.

Contractor Furnished Property, Facilities, and Services:

The Contractor shall provide the technical personnel, travel/transportation, meals, parts and/or materials needed to complete the maintenance or preventive maintenance of the ScriptPro Dispensing System.

Period of Performance:

The period of performance will be from date of issuance + 12 months

SECURITY/ PRIVACY:

PRIVACY ACT NOTIFICATION (April 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

PRIVACY ACT (April 1984)

(a) The Contractor agrees to—

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies—

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c)(1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

PRIVACY or SECURITY SAFEGUARDS (August 1996)

(a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government.

(b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases.

(c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.

Privacy Act (December 18, 2015)

The contract requires the Contractor to perform one or more of the following: (a) design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations. The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violation of the Act by the Contractor and/ or its employees may result in the imposition of criminal penalties (5 U.S.C.

552a (i)).

The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/ she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees.

These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C.

552a(m)(1)). The contract work statement:

(a) Identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and

(b) Specifies the disposition to be made of such records upon completion of contract performance.

CONFIDENTIAL INFORMATION

(a) Confidential Information, as used in this clause, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.

(b) Specific information or categories of information that the Government will furnish to the Contractor, or that the Contractor is expected to generate, which are confidential may be identified elsewhere in this contract. The Contracting Officer may modify this contract to identify Confidential Information from time to time during performance.

(c) Confidential Information or records shall not be disclosed by the Contractor until:

(1) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, to which an agency response may be appropriate to protect the public interest or that of the agency.

(2) For information provided by or on behalf of the government,

(i) The publication or dissemination of the following types of information are restricted under this contract: Patient Identifiable PHI/ PII, Networking Infrastructure

(ii) The reason(s) for restricting the types of information identified in subparagraph (i) is/are: To protect records related solely to the internal personnel rules and practices of an agency.

(iii) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to disseminate or publish information identified in subparagraph (2)(i). The contractor shall not disseminate or publish such information without the written consent of the Contracting Officer.

(d) Whenever the Contractor is uncertain with regard to the confidentiality of or a property interest in information under this contract, the Contractor should consult with the Contracting Officer prior to any release, disclosure, dissemination, or publication.

INDEMNIFICATION, LIABILITY, STATUTE OF LIMITATIONS:

Any provisions in the TOS related to indemnification and filing deadlines are hereby waived, and shall not apply except to the extent expressly authorized by law. Liability for any breach of the TOS as modified by this Amendment, or any claim arising from the TOS as modified by this Amendment, shall be determined under the Federal Tort Claims Act, or other governing federal authority. Federal Statute of Limitations provisions shall apply to any breach or claim.

GOVERNING LAW:

Any arbitration, mediation or similar dispute resolution provision in the TOS is hereby deleted. The TOS and this Amendment shall be governed by and interpreted and enforced in accordance with the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of the State of [Company to insert name of state if one is mentioned in its TOS] (excluding [Company's state] choice of law rules) will apply in the absence of applicable federal law.

SECTION 508 and ACCESSIBILITY:

This product must conform to the Revised Section 508 (https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines) and WCAG

2.0 Level AA standards as outline below.

Solicitation for supplies and services shall require the submission of a Section 508 Product Assessment Template.

The template can be found at https://www.itic.org/policy/accessibility/vpat.

352.239-73 Electronic Information and Technology Accessibility Notice.

(a) As prescribed in HHSAR 339.203-70(a), the Contracting Officer shall insert the following provision:

Electronic and Information Technology Accessibility Notice (December 18, 2015)

(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information Technology Accessibility.

In order to facilitate the Government’s determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.itic.org/policy/accessibility/vpat http://www.hhs.gov/web/508 http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues.

Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS website http://www.hhs.gov/web/508.

In order to facilitate the Government’s determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

Standards The included standards that must be met for this contract are taken from the following two resources. Compliance with these standards is mandatory for Federal agencies subject to Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d).

Section 508 Standards and Guidelines: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines.

Web Content Accessibility Guidelines (WCAG) 2.0: https://www.w3.org/TR/WCAG20/.

Electronic content must be accessible to HHS acceptance criteria Checklist for various formats are available at http://508.hhs.gov, or from the IHS Section 508 Coordinator listed at https://www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html, (email:

IHSSection508@ihs.gov). Materials that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Representative.

Electronic Content Accessibility - Non-Web Based 602 Support Documentation 603 Support Services All WCAG A & AA Success Criteria apply except:

2.4.1 Bypass Blocks

2.4.5 Multiple Ways

3.2.3 Consistent Navigation

3.2.4 Consistent Identification

Software Accessibility - Non-Web Based All WCAG A & AA Success Criteria apply – EXCEPT the following:

2.4.1 Bypass Blocks

2.4.5 Multiple Ways

3.2.3.Consistent Navigation

3.2.4 Consistent Identification

502 Interoperability with Assistive Technology 503 Application 602 Support Documentation 603 Support Services 302 All Functional Performance Criteria - Note: Applies when Chapter 5 does not address one or more functions of ICT (E204), or when an agency invokes "equivalent facilitation" (E101.2) Hardware Accessibility 404 Preservation of Information Provided for Accessibility 405 Privacy 406 Standard Connections 407 Operable Parts 409 Status Indicators 410 Color Coding 411 Audible Signals 602 Support Documentation 603 Support Services 302 All Functional Performance Criteria - Note: Applies only when Chapter 4 does not address one or more functions of ICT (E204), or when an agency invokes "equivalent facilitation" (E101.2)) http://www.hhs.gov/web/508 https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.w3.org/TR/WCAG20/ http://508.hhs.gov/ https://www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html

For Hardware that has closed functionality include 402 Closed Functionality For Hardware with display screens include 408 Display Screens Support Documentation Accessibility E602.1 General - Documentation that supports the use of ICT shall conform to 602.

E602.2 Accessibility and Compatibility Features - Documentation shall list and explain how to use the accessibility and compatibility features required by Chapters 4 and 5. Documentation shall include accessibility features that are built-in and accessibility features that provide compatibility with assistive technology.

E602.3 Electronic Support Documentation - Documentation in electronic format, including Web-based selfservice support, shall conform to Level A and Level AA Success Criteria and Conformance Requirements in WCAG 2.0 (incorporated by reference, see 702.10.1).

E602.4 Alternate Formats for Non-Electronic Support Documentation - Where support documentation is only provided in non-electronic formats, alternate formats usable by individuals with disabilities shall be provided upon request.

E602.3 Electronic Support Documentation - Documentation in electronic format, including Web-based selfservice support, shall conform to Level A and Level AA Success Criteria and Conformance Requirements in WCAG 2.0 (incorporated by reference, see 702.10.1).

E602.4 Alternate Formats for Non-Electronic Support Documentation - Where support documentation is only provided in non-electronic formats, alternate formats usable by individuals with disabilities shall be provided upon request.

E603.1 General - ICT support services including, but not limited to, help desks, call centers, training services, and automated self-service technical support, shall conform to 603.

E603.2 Information on Accessibility and Compatibility Features - ICT support services shall include information on the accessibility and compatibility features required by 602.2.

E603.3 Accommodation of Communication Needs - Support services shall be provided directly to the user or through a referral to a point of contact. Such ICT support services shall accommodate the communication needs of individuals with disabilities.

WCAG – All WCAG 2.0 A & AA Success Criteria

EXCEPTION:

Non-Web documents shall not be required to conform to the following four WCAG 2.0 Success Criteria: 2.4.1 Bypass Blocks, 2.4.5 Multiple Ways, 3.2.3 Consistent Navigation, and 3.2.4 Consistent Identification.

E205.4.1 Word Substitution when Applying WCAG to Non-Web Documents. For non-Web documents, wherever the term "Web page" or "page" appears in WCAG 2.0 Level A and AA Success Criteria and Conformance Requirements, the term "document" shall be substituted for the terms "Web page" and "page". In addition, in Success Criterion in 1.4.2, the phrase "in a document" shall be substituted for the phrase "on a Web page".

Appendix A – Section 508 of the Rehabilitation Act: Application and Scoping Requirements E208 Support Documentation and Services Appendix C – Functional Performance Criteria and Technical Requirements 302 - Functional Performance Criteria 602 – Support Documentation 603 – Support Services Functional Performance Criteria

301.1 Scope - The requirements of Chapter 3 shall apply to ICT where required by 508 Chapter 2 (Scoping Requirements), 255 Chapter 2 (Scoping Requirements), and where otherwise referenced in any other chapter of the Revised 508 Standards or Revised 255 Guidelines.

302.1 Without Vision - Where a visual mode of operation is provided, ICT shall provide at least one mode of operation that does not require user vision.

302.2 With Limited Vision - Where a visual mode of operation is provided, ICT shall provide at least one mode of operation that enables users to make use of limited vision.

302.3 Without Perception of Color - Where a visual mode of operation is provided, ICT shall provide at least one visual mode of operation that does not require user perception of color.

302.4 Without Hearing - Where an audible mode of operation is provided, ICT shall provide at least one mode of operation that does not require user hearing.

302.5 With Limited Hearing - Where an audible mode of operation is provided, ICT shall provide at least one mode of operation that enables users to make use of limited hearing.

302.6 Without Speech - Where speech is used for input, control, or operation, ICT shall provide at least one mode of operation that does not require user speech.

302.7 With Limited Manipulation - Where a manual mode of operation is provided, ICT shall provide at least one mode of operation that does not require fine motor control or simultaneous manual operations.

302.8 With Limited Reach and Strength - Where a manual mode of operation is provided, ICT shall provide at least one mode of operation that is operable with limited reach and limited strength.

302.9 With Limited Language, Cognitive, and Learning Abilities - ICT shall provide features making its use by individuals with limited cognitive, language, and learning abilities simpler and easier.

COMPUTER SOFTWARE POLICY FOR GOVERNMENT USE

Response to Governing Law and Software License: a) Notwithstanding anything herein to the contrary, nothing in this Solicitation or subsequent award(s) shall be considered Work for Hire.

b) The parties agree that the following COMPUTER SOFTWARE POLICY FOR

GOVERNMENT USE shall be expressly added as an addendum to any and all Order(s) as a result of this Solicitation:

ScriptPro’s Computer Software policy will serve as a supplement:

ScriptPro grants Government a personal, perpetual, nonexclusive, nontransferable, nonsublicensable, restricted and limited license to use the Software solely for operating the

Equipment. Government acknowledges that ScriptPro owns and retains all right, title and interests in, to, and associated with the Software and all related intellectual property rights, and that the Software is confidential, proprietary information of ScriptPro. "Software" shall mean that certain set of computer programs installed on the Equipment (or on other equipment through which ScriptPro may make such programs available for use by Government) that operate such

Equipment, interface the Equipment with other computer systems, and are used for monitoring and maintenance of the overall system.

Government acknowledges that the Software is confidential proprietary information of ScriptPro.

Government shall not disclose such information to any other person and Government agrees to take all steps necessary to ensure that the Software is not transferred or disclosed to others or duplicated in whole or in part.

For Computer Software Matters, contact:

Melissa Trammell, Director of Contract Administration

Phone: 913.403.5529 e-mail: mtrammell@scriptpro.com or via group email at contracts@scriptpro.com mailto:mtrammell@scriptpro.com

INSTALLATION POLICY FOR GOVERNMENT USE

On-Site: Includes configuration, factory testing, shipping and handling, remote installation support, on-site installation support, and on-site calibration and testing.

Customer shall be responsible for preparation of the government site pending installation. Site preparation includes making ready: (a) physical space and electrical service as required for the

Equipment so it can be placed in its permanent location and connected to the electrical service upon delivery, (b) possible network access, and (c) computer software interfaces and hardware connections. If Customer Site is not fully and properly prepared by agreed upon install date, the government may be responsible for additional charges/costs.

Factory: Includes configuration, factory testing, shipping and handling, and remote installation support.

Remote: Includes configuration and remote installation support. The Remote Installation Term excludes factory testing, shipping and handling, on-site installation support, and on-site calibration and testing. This is generally applicable to products that do not include hardware install or on-site configuration or training. Remote installation will be subject to agency OIT requirements and approval.

Installation Fees are a separate charge applicable to each Line Item on ScriptPro’s Price List.

For each Line Item on the Price List, ScriptPro states a corresponding Installation Term that defines the level of support provided as part of the Installation Fee.

For Installation Matters, contact:

Zach Ozbun, Director, System Implementation

Phone: 913.403.5699 e-mail: zozbun@scriptpro.com

If an alternate e-mail is requested, you may contact: contracts@scriptpro.com mailto:contracts@scriptpro.com

Justification for Other than Full and Open Competition

Brand Name Justification

Program Office/Service Unit: Healthcare Technology Management/Clinical Engineering

Requisition: Pending UFMS Entry

1. Nature and/or Description of action being approved:

Source limitation to ScriptPro USA for Open Market equipment, upgrades, installation services for existing ScriptPro Medication Dispensing Platforms within the Great Plains Area.

2. Description of Product, Supplies or Services required to meet the agency’s need:

Ft. Yates, Lower Brule, McLaughlin, and Sisseton have existing ‘owned’ ScriptPro Medication Dispensing Platforms located in each Service Unit. Expansions and/ or upgrades are needed in order to meet ongoing needs in Pharmacy. Refer to SOW for identification of Service Unit needs.

3. Estimated Value of Procurement (to include options): $181,132.00

4. Recommended Source:

a. Contractor Name: ScriptPro, USA

b. UEI Number: RTB3DEMJ91U4

c. Address: 5828 Reeds Road, Mission, KS 66202

d. POC: Brian Hayek, bhayek@scriptpro.com, 913-403-5525

5. Reason for Sole Source/Limited Sources/Expedited Processing: Check one

☒ Brand Name essential to the Government’s needs. FAR 11.104 (b) Brand name or equal purchase descriptions must include, in addition to the brand name, a general description of those salient physical, functional, or performance characteristics of the brand name item that an "equal" item must meet to be acceptable for award. Use brand name or equal descriptions when the salient characteristics are firm requirements.

☐ Items peculiar to one manufacture. FAR 11.105 (a) The particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs

6. Justification Narrative:

ScriptPro Pharmacy Medication Dispensing Platforms are highly specialized systems which are already existing within the Great Plains Area Service Units. This solicitation is to expand or upgrade existing platforms. ScriptPro, USA medication dispensing platforms are identified as Standardized Medical Equipment for the Great Plains Area in accordance with Special General Memorandum 16-02.

7. Impact to the Government if not awarded in accordance with above:

Failure to award to ScriptPro, USA would incur a duplication of cost to the Government as entire Medication Dispensing Platforms would have to be replaced if other sources were allowed to compete.

mailto:bhayek@scriptpro.com

8. Synopses of proposed contract action (SAM.gov): Yes ☒ No ☐ In the case of a brand name justification under 6.302-1(c), the justification shall be posted with the solicitation (see 5.102(a)(6)). Yes ☒ No ☐

9. A determination the anticipated cost to the Government will be fair and reasonable:

The VA has determined that ScriptPro, USA equipment and services are fair and reasonable (FSS 36F79719D0135).

Program/Project Manager:

Name, Title Date

Acquisition: Prepared by

Name, Contract Specialist/Purchasing Agent Date

Contracting Officer Certification: This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Name, Contracting Officer Date

Competition Advocate Approval: Competition Advocate Approval: over $750,000 but not exceeding $15 million This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

IAW FAR 13.501(a) (2)(ii)

Name, Competition Advocate Date https://www.acquisition.gov/far/part-6#FAR_6_302_1 https://www.acquisition.gov/far/part-5#FAR_5_102

*See Attached Applicable FAR References 11.104, 11.105, 6.302-1, 6.303-1 & 6.303-2

*6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

(a) Authority.

(1) Citations: 10 U.S.C. 2304(c) (1) or 41 U.S.C. 253(c) (1).

(2)…