Combine Solicitation – A– XF96 Analyzer Maintenance|EDA:
Notice Type: Combine Solicitation
Posted Date:
Office Address:
Subject: A-- XF96 Analyzer Maintenance|EDA:
Classification Code: A - Research & Development
Solicitation Number: VA24716Q0932
Contact:
Description:
Atlanta VAMC
Service Agreement for XFe96 ANALYZER
(I) This is a combined synopsis/solicitation for a new commercial service requirement prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation for this action. Quotes are being requested, and a written solicitation will not be issued.
(II) This solicitation is issued as a Request for Quote (RFQ). Submit written quotes on RFQ VA247-16-Q-0932
(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88 effective 06/15/16.
(IV) Any amendments issued to this solicitation will ONLY be available on the FBO website (www.fbo.gov).
(V) The Network Contracting Office 7-SAO EAST intends to award a firm-fixed price service contract for Annual Seahorse XF96 Analyzer Service Agreement.
(VI) Located at the Charlie Norwood VAMC,
(VII) The North American Industrial Classification System (NAICS) code for this procurement is 811219 with a business size standard of
(VIII) Questions concerning this solicitation shall be addressed to
(IX) The Government will award a contract resulting from this RFQ to the responsible offeror whose quote is the lowest price and meets the requirements of the SOW. Quotes are due by
(X) This combined solicitation/synopsis is for the purchase of the following commercial services:
BASE YEAR:
CLIN DESCRIPTION OF SERVICES QUANITY UNIT UNIT PRICE AMOUNT
0001 Preventative maintenance service for the Seahorse XFe96 Analyzer per year and software updates to include ravel, labor, parts for repairs, one preventative maintenance visit per year, software updates and loaner instrument for extended services for the
OPTION I:
CLIN DESCRIPTION OF SERVICES QUANITY UNIT UNIT PRICE AMOUNT
1001 Preventative maintenance service for the Seahorse XFe96 Analyzer per year and software updates to include ravel, labor, parts for repairs, one preventative maintenance visit per year, software updates and loaner instrument for extended services for the
OPTION II:
CLIN DESCRIPTION OF SERVICES QUANITY UNIT UNIT PRICE AMOUNT
2001 Preventative maintenance service for the Seahorse XFe96 Analyzer per year and software updates to include ravel, labor, parts for repairs, one preventative maintenance visit per year, software updates and loaner instrument for extended services for the
OPTION III:
CLIN DESCRIPTION OF SERVICES QUANITY UNIT UNIT PRICE AMOUNT
3001 Preventative maintenance service for the Seahorse XFe96 Analyzer per year and software updates to include ravel, labor, parts for repairs, one preventative maintenance visit per year, software updates and loaner instrument for extended services for the
OPTION IV:
CLIN DESCRIPTION OF SERVICES QUANITY UNIT UNIT PRICE AMOUNT
4001 Preventative maintenance service for the Seahorse XFe96 Analyzer per year and software updates to include ravel, labor, parts for repairs, one preventative maintenance visit per year, software updates and loaner instrument for extended services for the
TOTAL FOR BASE AND ALL OPTIONS: $__________________________________
STATEMENT OF WORK (SOW)
1. GENERAL:
Services are needed to provide Preventive Maintenance Services for the Seahorse XFe96 Analyzer.
2. BACKGROUND:
Charlie Norwood is a two-division Medical Center that provides tertiary care in medicine, surgery, neurology, psychiatry, rehabilitation medicine, and spinal cord injury. The Research and Development Service Line, located in the Downtown Division, spans three floors in the 4B, 5B, and 6B wings. Escort service is required within the Service Line.
The Seahorse XF96 Analyzer processes biological samples and applies results to a read out. The system simultaneously interrogates to major energy producing pathways of the cell in a microplate. The equipment analyzes in vitro oxygen consumption rate and extracellular acidification rate in order to assess cellular functions. More information can be found at the manufacturer's website: http://www.seahorsebio.com/products/instruments/analyzers.php
3. PERIOD OF PERFORMANCE:
Base Period
Option Year 1
Option Year 2
Option Year 3
Option Year 4
4. PLACE OF PERFORMANCE: Charlie Norwood VAMC,
5. DAYS AND HOURS OF OPERATION: Monday - Friday,
6. PERFORMANCE REQUIREMENTS:
a. The Contractor shall provide the following: one (1) year plus (4) four option years of Preventive Maintenance for the Seahorse xFe96, which will include travel, labor, parts for repairs, one preventative maintenance visit per year, software updates and loaner instrument for extended services at the
b. Quality Assurance Surveillance Plan
a. Item 1 - Contractor arrives within 5 work days of being notified for maintenance.
b. Item 2 - Contractor performs service with less than one calendar week of downtime. Provides loaner equipment if services are extended beyond one week.
c. In order to service the equipment, the contractor will need access to the piece of equipment, which is located in an escort-only section of the hospital. They will have general access to locations where VASI is processed, but will not have direct access to any other VASI than what is on the service equipment. Information on the xFe96, while categorized as VASI because it is related to Research and Development, is not protected by HIPPA or the Privacy Act because it is de-identified. Still, contractor personnel will be supervised to ensure contractor personnel only perform required work and VASI is protected.
b. The authorized people to CALL AND PLACE ORDERS:
Ismail.Kaddour-Djebbar, (706) 823-2238
c. The Contractor shall provide technical and administrative support as needed.
d. The Contractor shall provide a contact to address administrative issues such as billing or account issues.
7. INVOICES:
Payment will be made monthly in arrears upon receipt of a properly prepared detailed invoice. Invoices must be sent electronically through Tungsten Payment System in
A properly prepared invoice shall contain:
" Invoice Number and Date services were provided
" Contractor's
" Accurate Purchase Order Number
" Description of Supply or Service provided
" Total amount due
8. SECURITY CLAUSES:
The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.
VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE
GENERAL
Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as
ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS
A contractor/subcontractor shall request logical (technical) or physical access to
All contractors, subcontractors, and third-party servicers and associates working with
Custom software development and outsourced operations must be located in the
The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a
Information made available to the contractor or subcontractor by
General, FAR 52.227-14(d) (1).
Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from
The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of
The contractor/subcontractor shall not make copies of
If
If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.
The contractor/subcontractor must store, transport, or transmit
The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed
Except for uses and disclosures of
Notwithstanding the provision above, the contractor/subcontractor shall not release
For service that involves the storage, generating, transmitting, or exchanging of
INFORMATION SYSTEM DESIGN AND DEVELOPMENT
Information systems that are designed or developed for or on behalf of
The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the
The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the
Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.
The security controls must be designed, developed, approved by
The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579,
The contractor/subcontractor agrees to:
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:
The Systems of Records (SOR); and
The design, development, or operation work that the contractor/subcontractor is to perform;
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 SOR on individuals that is subject to the Privacy Act; and Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.
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 SOR 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 SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.
"Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.
"Record" 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 contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.
"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.
The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.
The vendor shall notify
When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the
All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of
INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE
For information systems that are hosted, operated, maintained, or used on behalf of
Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to
The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the
The contractor/subcontractor must conduct an annual self -assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.
All electronic storage media used on non-
Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with
Vendor must accept the system without the drive;
Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the
The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and
Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using
A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.
SECURITY INCIDENT INVESTIGATION
The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to
To the extent known by the contractor/subcontractor, the contractor/subcontractor's notice to
With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.
In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with
LIQUIDATED DAMAGES FOR DATA BREACH
Consistent with the requirements of 38 U.S.C. --5725, a contract may require access to sensitive personal information. If so, the contractor is liable to
The contractor/subcontractor shall provide notice to
Each risk analysis shall address all relevant information concerning the data breach, including the following:
Nature of the event (loss, theft, unauthorized access);
Description of the event, including:
date of occurrence;
data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;
Number of individuals affected or potentially affected;
Names of individuals or groups affected or potentially affected;
Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;
Amount of time the data has been out of
The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);
Known misuses of data containing sensitive personal information, if any;
Assessment of the potential harm to the affected individuals;
Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and
Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.
Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the
Notification;
One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;
Data breach analysis;
Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;
One year of identity theft insurance with
Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.
SECURITY CONTROLS COMPLIANCE TESTING
On a periodic basis,
CONTRACTOR RULES OF BEHAVIOR
This User Agreement contains rights and authorizations regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the
incorporates Rules of Behavior for using
GENERAL TERMS AND CONDITIONS FOR ALL ACTIONS AND ACTIVITIES UNDER THE CONTRACT:
I understand and agree that I have no reasonable expectation of privacy in accessing or using any
I consent to reviews and actions by the
I consent to reviews and actions by authorized
I understand and accept that unauthorized attempts or acts to access, upload, change, or delete information on Federal Government systems; modify Federal government systems; deny access to Federal government systems; accrue resources for unauthorized use on Federal government systems; or otherwise misuse Federal government systems or resources are prohibited.
I understand that such unauthorized attempts or acts are subject to action that may result in criminal, civil, or administrative penalties. This includes penalties for violations of Federal laws including, but not limited to, 18 U.S.C. --1030 (fraud and related activity in connection with computers) and 18 U.S.C. --2701 (unlawful access to stored communications).
I agree that OI&T staff, in the course of obtaining access to information or systems on my behalf for performance under the contract, may provide information about meincluding, but not limited to, appropriate unique personal identifiers such as date of birth and social security number to other system administrators, Information Security Officers (ISOs), or other authorized staff without further notifying me or obtaining additional written or verbal permission from me.
I understand I must comply with
handbooks. I understand that copies of those directives and handbooks can be obtained from the Contracting Officer's Technical Representative (COR). If the contractor believes the policies and guidance provided by the COR is a material unilateral change to the contract, the contractor must elevate such concerns to the Contracting Officer for resolution.
I will report suspected or identified information security/privacy incidents to the COR and to the local ISO or Privacy Officer as appropriate.
GENERAL RULES OF BEHAVIOR
Rules of Behavior are part of a comprehensive program to provide complete information security. These rules establish standards of behavior in recognition of the fact that knowledgeable users are the foundation of a successful security program. Users must understand that taking personal responsibility for the security of their computer and the information it contains is an essential part of their job.
The following rules apply to all
Follow established procedures for requesting, accessing, and closing user accounts and access. I will not request or obtain access beyond what is normally granted to users or by what is outlined in the contract.
Use only systems, software, databases, and data which I am authorized to use, including any copyright restrictions.
I will not use other equipment (OE) (non-contractor owned) for the storage, transfer, or processing of
Not use my position of trust and access rights to exploit system controls or access information for any reason other than in the performance of the contract.
Not attempt to override or disable security, technical, or management controls
unless expressly permitted to do so as an explicit requirement under the contract or at the direction of the COR or ISO. If I am allowed or required to have a local administrator account on a government-owned computer, that local administrative account does not confer me unrestricted access or use, nor the authority to bypass security or other controls except as expressly permitted by the VA CIO or CIO's designee.
Contractors' use of systems, information, or sites is strictly limited to fulfill the terms of the contract. I understand no personal use is authorized. I will only use other Federal government information systems as expressly authorized by the terms of those systems. I accept that the restrictions under ethics regulations and criminal law still apply.
Grant access to systems and information only to those who have an official need to know.
Protect passwords from access by other individuals.
Create and change passwords in accordance with VA Handbook 6500 on systems and any devices protecting
Protect information and systems from unauthorized disclosure, use, modification, or destruction. I will only use encryption that is FIPS 140-2 validated to safeguard
Follow VA Handbook 6500.1, Electronic Media Sanitization to protect
Ensure that the COR has previously approved
Not host, set up, administer, or run an
Protect government property from theft, destruction, or misuse. I will follow
Only use anti-virus software, antispyware, and firewall/intrusion detection software authorized by
Not disable or degrade the standard anti-virus software, antispyware, and/or firewall/intrusion detection software on the computer I use to access and use information assets or resources associated with my performance of services under the contract terms with
Understand that restoration of service of any
Complete required information security and privacy training, and complete required training for the particular systems to which I require access.
ADDITIONAL CONDITIONS FOR USE OF NON- VA INFORMATION TECHNOLOGY RESOURCES
When required to complete work under the contract, I will directly connect to the
Remote access to non-public
I will not have both a
I understand that I may not obviate or evade my responsibility to adhere to
STATEMENT ON LITIGATION
This User Agreement does not and should not be relied upon to create any other right or benefit, substantive or procedural, enforceable by law, by a party to litigation with the
ACKNOWLEDGEMENT AND ACCEPTANCE
I acknowledge receipt of this User Agreement. I understand and accept all terms and conditions of this User Agreement, and I will comply with the terms and conditions of this agreement and any additional
Print or type your full name Signature
Last 4 digits of SSN Date
Office Phone Position Title
Contractor's Company Name
Please complete and return the original signed document to the COR within the timeframe stated in the terms of the contract.
The following Federal Acquisition Regulation (FAR) and Veterans Affairs Acquisition
Regulation (VAAR) clauses and provisions are applicable to this acquisition and are available for view at: http://farsite.hill.af.mil/
FAR Provisions:
52.204-7 System for Award Management (
52.212-1 Instructions to Offerors- Commercial Items (
Offeror shall provide a quote addressing all CLINS: 0001, 1001, 2001, 3001, and 4001.
52.212-2 Evaluation-Commercial Items (
The government will award a firm-fixed price purchase order to the vendor whose quotation represents the best value for the government. The Government intends to make an award based on the initial quotations.
52.212-3 Offeror Representations and Certifications-Commercial Items (
52.217-5 Evaluation of Options (
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
(End of Provision)
VAAR Provisions:
852.233-70 Protest Content/Alternative Dispute Resolution (
852.233-71 Alternative Protest Procedure (
852.252-70 Solicitation Provisions or
852.270-1 Representative of Contracting Officers (
852.273-74 Award without Exchanges (
FAR Clauses:
52.212-4 Contract Terms and Conditions- Commercial Items (
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Jan2016) Full text of the reference FAR Clauses may be accessed electronically at http://farsite.hill.af.mil/.
- 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards (
- 52.209-6 Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (
- 52.217-8 Option to Extend Services (
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. (End of Clause)
- 52.217-9 Option to Extend the Term of the Contract (
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. (End of Clause)
- 52.222-3 Convict Labor (
- 52.222-19 Child Labor - Cooperation with Authorities and Remedies
(
- 52.222-21 Prohibition of Segregated Facilities (
- 52.222-26 Equal Opportunity (
- 52.222-35 Equal Opportunity for Veterans(
- 52.222-36 Affirmative Action for Workers with Disabilities(
- 52.222-41 Service Contract Labor Standards (
- 52.223-18 Encouraging Contractor Policies to Ban Text Messaging
While Driving (
- 52.227-14 Rights in Data-General (
- 52.232-33 Payment by Electronic Funds Transfer- System for Award Management (
52.252-2 Clauses incorporated by Reference (
VAAR Clauses:
852.203-70
852.232-72 Electronic Submission of Payment Requests (
852.237-70 Contractor Responsibilities (
852.246-71 Inspection (
Link/URL: https://www.fbo.gov/spg/VA/AtlVAMC/VAMCCO80220/VA24716Q0932/listing.html
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