J065--Intend to Sole Source Philips IntelliSpace Essential Software Maintenance

This notice is being published in accordance with Federal Acquisition Regulation (FAR) Part 5.101(a)(2) requiring the dissemination of information on proposed contract actions. This is a notice of intent to award a sole-source contract pursuant to 10 U.S.C 2304 (C)(1), as implemented by FAR 6.302-1(a)(2) and 6.301-1(c), only one responsible source and no other supplies or services will satisfy agency requirements, and brand-name descriptions. The Department of Veterans Affairs Medical Center located at 1 VA Center, Augusta, ME 04330-6796 has a requirement for a Philips Intellispace Cardiovascular (ISCV) Service Contract. The Government intends to award a firm-fixed-price sole source contract. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. this notice of intent is not a request for competitive proposals. This is a written notice to inform the public of the Governments

intent to award on a sole source basis. Interested parties may identify their interest and capability to respond to the requirement. Any response to this notice must show clear and convincing evidence that competition will be advantageous to the Government. Please contact Manasés Cabrera, Contracting Specialist with the responses or questions regarding this requirement at manases.cabrera@va.gov. No telephone calls please. This notice will close on December 9th, 2022, at 2:00 PM Eastern Standard Time (EST) STATEMENT OF WORK Philips IntelliSpace Essential Software Maintenance VA MAINE MEDICAL CENTER, AUGUSTA, ME General Information: Contractor shall provide technical and operational support on the IntelliSpace Essential Software Maintenance Agreement. The service shall include software upgrades and updates, Implementation and clinical education for all software upgrades and updates provided on current revision. Services provided also include Remote software technical support, Remote clinical application support, Philips Remote services and onsite software, as outlined in the Scope of Work. The equipment is located at the VA Maine Health Care System, 1 VA Center, Augusta, ME 04330. Type of Contract: Firm-Fixed Price Service Contract. Contract Performance Period: Base Year plus four option year renewals. Contract Transaction Number: 402-23-2-4500-0103 Contract eCMS Planning Number: VA-23-00024661 Scope of Work Requirements for Equipment: 1. EQUIPMENT IDENTIFICATION: Manufacturer: Philips Models // List: IntelliSpace Cardiovascular Item Description Software Upgrades and Updates with Implementation and clinical education for every software upgrade and every update on current revision Remote software technical support 24x7 Remote clinical application support Philips Remote Services and Onsite software escalation Agreement excludes re-customization of data analytics reports (canned reports are included), rewriting of Diagnostic Guidance rules and database migrations of 3rd party software into IntelliSpace Cardiovascular Location: Building 200, 4th floor, Cardiology Service, VA Maine Health Care System, 1 VA Center, Augusta, ME 04330 2. CONFORMANCE STANDARDS: Contractor shall provide service and ensure that the equipment functions in accordance with the equipment manufacturer s technical performance specifications. Contractor shall conform to all regulations to include but not be limited to federal, state and local governing any chemicals, equipment or work which may be used or performed in the work under this contract. 3. OPERATIONAL UPTIME - REQUIREMENTS: The Philips IntelliSpace Cardiovascular System, shall be operable and available for use 98% of the normal operating hours of the equipment as detailed in paragraph 13, HOURS OF COVERAGE. Downtime will be computed from notification of problem during normal work hours. 4. LIVE PHONE SUPPORT: Service shall include phone support with Philips IntelliSpace Cardiovascular Technical Support Engineers between 6:00 a.m. - 8:00 p.m. (Eastern Time). 5. AFTER HOURS PHONE SUPPORT: Service for after hour phone support shall include 24 Hours, 7 Days a week and 365 days a year for technical assistance when required. 6. SOFTWARE ENHANCEMENTS: Periodic software enhancements shall be provided as part of the firm fixed price contract and shall be considered within scope. 7. CERTIFIED TRAINED TECHNICIANS AND KEY PERSONNEL: The scheduled maintenance and service calls shall be performed by Philips trained personnel in accordance with the agreement. Technicians shall include fully qualified Facility Service Engineers (FSE) and a fully qualified FSE who will serve as the backup and show proof of competency, as shown by training conducted on said system. "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program, for the equipment identified in this statement of work. For field experience, the FSE(s) has a minimum of two years of experience (except for equipment newly on the market) with respect to scheduled and unscheduled preventive and remedial maintenance. Proof of training shall be provided upon demand and be immediately sent via email, upon demand to the COR. All FSE s and technicians shall be authorized by the Contractor to perform the maintenance services. All work shall be performed by "Fully Qualified" competent FSE's. The COR and/or designated representative specifically reserve the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment. It is anticipated that any hospital regulatory inspections (TJC, etc.) will have the vendor providing proof that they meet industry standards of quality, and traceable standards, as used to calibrate this device-system, at the time of the maintenance event. 8. HOURS OF COVERAGE: A. Normal hours of coverage are Monday through Friday from 08:00 AM to 05:00 PM, excluding federal holidays. All service/repairs will be performed during normal hours of coverage unless requested or approved by the Contracting Officer s Representative (COR). NOTE: - Hardware/software update/upgrade installations will be scheduled and performed outside normal hours of coverage at no additional charge to the Government (unless it would be detrimental to equipment up-time; to be determined by the COR or designated representatives. Government provides software/hardware upgrade/update. There shall be no additional charge for time spent at the site during or after the normal hours of coverage awaiting the arrival of additional FSE and/or delivery of parts. B. Federal Holidays observed by the VAMC are: New Years' Day, Martin Luther King Day, Presidents' Day, Memorial Day,Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day Scheduled maintenance will be excluded from downtime. (Normal work hours are 08:00 AM to 05:00 PM, Monday thru Friday, excluding federal holidays). Operational Uptime will be computed during a month long time period. Repeated failure to meet this requirement can subject the contractor to DEFAULT action. 9. UNSCHEDULED MAINTENANCE (Emergency Repair Service): A. Contractor shall maintain the equipment in accordance with the manufacturer's specifications. The Contractor shall provide repair service which may consist of calibration, troubleshooting and maintaining the equipment, including all intervening calls necessary between regular services and calibrations. B. The COR or government designated representatives are authorized to request and approve service calls from the Contractor. C. Response Time: Contractor's FSE must respond with a phone call to the COR or designated representative within 1 hour after receipt of telephoned notification during normal hours of coverage. If the problem cannot be corrected by phone, the FSE will commence work (on-site physical response) within 2 hours after receipt of this second notification and will proceed progressively to completion without undue delay. For example, if hours of coverage are 08:00 AM to 05:00 PM, Mon. thru Fri., a 2 hour response means, if a call is placed at 8:45 AM., Monday August 10th; the FSE must start on-site service before 10:45 PM, Monday, August 10th. 10. DOCUMENTATION/REPORTS: The documentation shall include detailed descriptions of the scheduled and unscheduled maintenance (i.e., Emergency repairs) procedures performed, including replaced parts and prices (for outside normal working hour services) required to maintain the equipment in accordance with Section 3, Conformance Standards or the manufacturer's specifications. Such documentation shall meet the guidelines as set forth in the Conformance Standards section. The Engineering Service Report (ESR) will consist of a separate PM report for the item(s) covered under the "specific" contract. Grouping different equipment from different contracts on "one" ESR is prohibited. Service reports must be sent to the COR or the requesting entity upon completion of each service issue. In addition, each ESR must, at a minimum, document the following data legibly and in complete detail: A. Name of contractor and contract number. B. Name of FSE who performed services. C. Contractor service ESR number/log number. D. Date, time (starting and ending), equipment downtime and hours on-site for service call. E. VA purchase order number(s) covering the call if outside normal working hours. F. Description of problem reported by the COR or designated representative. G. Identification of equipment to be serviced: 1) Inventory ID number, 2) Manufacturer's name, 3) Device name, 4) Model number, 5) Serial number, 6) Any other manufacturer's identification numbers. H. Itemized Description of Service Performed (including, if applicable, costs associated with after normal working hour services) including: 1) Labor and Travel, 2) Parts (with part numbers), 3) Materials and Circuit Location of problem/corrective action. I. Total Cost to be billed (if applicable - i.e., part(s) not covered or service rendered after normal hours of coverage). J. Signatures: 1) FSE performing services described. 2) Authorized VA Employee who witnessed service described. NOTE: - Any additional charges claimed must be approved by the COR or designated representative before service is completed! 11. REPORTING REQUIREMENTS: The Contractor shall be required to report to the Clinical Engineering Department to log in. This check- in is mandatory. When the service is completed, the FSE shall document services rendered on a legible ESR(s). The FSE shall be required to log out with Biomedical Engineering and submit the ESR(s) to the COR or designated representative. ALL ESRs shall be submitted to the equipment user for an "acceptance signature" and to the COR or designated representative for an "authorization signature". If COR or designated representative is unavailable, a signed, authorized copy of the ESR will be left with the user. 12. PAYMENT: - Invoices will be paid in arrears on a monthly basis. Invoices shall include at a minimum, the following information: Contract Number, Purchase Order/Task Order Number, Contractor Name, Item(s) covered (to include serial #'s) by the PMI and covered period of service. All invoices shall be mailed to the Department of Veterans Affairs Financial Services Center s address as follows: FMS-VA-1-650 P.O. Box 149971 Austin, TX 78714 13. ADDITIONAL CHARGES: There shall be no additional charge for time spent at the site (during, or after the normal hours of coverage) awaiting the arrival of additional FSE and/or delivery of parts. 14. REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE: - The Contractor shall immediately, but no later than 24 (twenty-four) consecutive hours after discovery, notify the COR and/or designated representative (in writing) of the existence or the development of any defects in, or repairs required, to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The Contractor shall furnish to the COR or designated representative a written estimate of the cost to make necessary repairs. 15. CONDITION OF EQUIPMENT: The Contractor shall accept responsibility for the equipment. Failure to inspect the equipment prior to contract award will not relieve the Contractor from performance of the requirements of this contract. 16. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS: The Contractor's FSE's shall wear visible identification at all times while on the premises of the VAMC. The Contractor shall park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at the VAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court. 17. TRAINING: The Contractor shall provide first call Clinical Engineering training for current qualified technicians at the VAMC, ME during regular service hours of Monday through Friday from 8:00am 5:00 PM EST. This is not an ongoing training and will only be provided on an annual basis as required. All training for upgrades to equipment shall be considered within scope throughout the life of the contract. 18. TRANSPORTATION CHARGES: All costs associated with transportation, from shipping point to the destination specified above, and all costs of removal after contract completion, shall be paid by the Contractor, and incorporated in the price proposal. The Contractor shall be responsible for all damage in transit including any transportation costs for replacement. 19. COMPLIANCE WITH OSHA BLOODBORNE PATHOGENS STANDARD: The Contractor shall comply with the Federal/California OSHA Bloodborne Pathogens Standard. The Contractor shall: Have methods by which all employees are educated as to risks associated with bloodborne pathogens. Have policies and procedures which reduce the risk of employee exposure to bloodborne pathogens. Have mechanisms for employee counseling and treatment following exposure to bloodborne pathogens. Provide appropriate personal protective equipment/clothing such as gloves, gowns, masks, protective eyewear, mouthpieces for the employee during performance of the contract. 20. MISCELLANEOUS Additional equipment may be added and/or removed throughout the life of this contract and shall be considered within scope. 21. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS Security Requirements: All contractor personnel shall obtain a short term identification badge issued by the COR or government designated representative. Such badge shall be worn by the individual and prominently displayed at all times while on VA Property. No employee of the contractor shall enter the project site without a valid identification badge issued by the VA. In order to obtain a short-term identification badge, contractor personnel shall present to the COR a valid (non-expired) photo identification issued by a US federal, state or local government agency. Escort will be provided as required in sensitive work areas. The C&A requirements do not apply and the security accreditation package is not required. The identified Sole Source Vendor shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in standard acquisition guidelines. Per the VA handbook 6500.6, no VA sensitive information will be transferred, shared, or stored with said vendor. As such, no additional mechanisms will be needed to ensure the protection of information. 22. Records Management Language for Contracts The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract: Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract. The Government Agency owns the rights to all data/records produced as part of this contract. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.]. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.