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Sources Sought Notice

Sources Sought Notice

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Sources Sought Notice

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Veterans Health Affairs, Network Contracting Office 5, is issuing this Notice of Intent to Sole Source in order to identify any potential sources that have the resources and capabilities to provide NeuWave Ethicon service. This requirement is defined primary by existing hardware already in use at the Hershel Woody Williams VA Medical Center.
BACKGROUND
Furnish all parts, material, travel/shipping to and from for NeuWave Ethicon Service.

SCOPE
STATEMENT OF WORK PART A GENERAL INFORMATION
A.1 INTRODUCTION The Hershel Woody Williams VAMC located at 1540 Spring Valley Drive, Huntington WV, 25704 has a requirement for a full-service contract on

A.2 EQUIPMENT/PROCESSES TO BE COVERED The unit covered will be the ETHICON, Neuwave, SN#NM21NEA01041, local EE#60974.

A.3 SCOPE OF WORK The contractor shall furnish all labor, parts, software, and expertise necessary to provide corrective maintenance, preventative maintenance, and software updates.

STATEMENT OF WORK PART B WORK REQUIREMENTS

B. TASKS TO BE ACCOMPLISHED-:
Preventative Maintenance Service
Contractor will Annually provide inspection and adjustment of all external moving parts. Inspection and adjustment of all internal connections to prevent intermittent failures. Tank yoke gaskets swap and CO2 line check (including audible leaks).
Monitor arm adjustment and functional check. Electrical inspection.
Corrective Maintenance Service
Contractor will provide unscheduled repair service as required for Equipment covered under this agreement.
Corrective Coverage Weekdays - are as indicated on the Schedule for each item of Equipment. Corrective Service provided outside Coverage Hours is billed at standard contract overtime rates.
Corrective Coverage Weekends and Holidays Corrective Service provided outside of Coverage Hours is billed at standard applicable contract overtime rates.
Remote support The contractor is required to provide remote software technical support 24x7 and clinical application support (M-F 7am-9pm)
Clinical Education The contractor is to provide clinical education for every software upgrade and every update on the Huntington VA s current revision at a time scheduled by the Huntington VA at no additional cost.
Onsite coverage In the event that the Huntington VA or the contractor determines on site escalation is necessary a technician must come onsite within the next 48hours.
Uptime The contractor must meet the 98% uptime guarantee. If this is not met it will be documented in the contractor performance and contract extension benefits should be provided. Replacement Parts replacement parts must be overnight shipped at no additional cost to the government. If equipment is down more than 72 hours as determined by VA staff a loaner must be provided by the vendor.
Accidental Damage Coverage In the event of accidental damage to the unit in the amount up to $15k the vendor shall provide maintenance or replacement parts at no cost to the government.

STATEMENT OF WORK PART C SUPPORTING INFORMATION

C.1 PLACE OF PERFORMANCE The VAMC located at 1540 Spring Valley Drive, Huntington WV 25704

C.2 SPECIAL CONSIDERATIONS

Special Instructions: The contractor s Field Service Engineers (FSE) shall call the Biomedical Engineering (BME) supervisory technician at (304) 429-6741 extension 2408 (or if not available, BME technician at extension 2407) upon arrival and prior to performance of service. At the conclusion of the service, the contractor s FSE shall provide a written service report indicating the date of service, the model, serial number, and location of the equipment serviced the name of the FSE, the service performed, and the parts replaced. Electronic reports shall be sent to the BME Supervisory Technician.
Qualifications: The FSE provided shall have received OEM repair/maintenance training specific to the equipment listed above. In addition, upon request they must provide their FSEs certifications.
Parts: All parts shall be covered under this contract. Replacement parts shall either be new or remanufactured to original equipment specifications and shall have full compatibility with presently installed equipment.
Removal of Equipment from VAMC Huntington Premises: The contractor shall obtain written approval from the Contracting Officer/COR prior to removal of equipment from VAMC property. The contractor shall be responsible for any damage or loss of equipment while in their possession. During the time in which an item is removed, the contractor shall provide a compatible replacement item until such time the VAMC item is repaired and returned. VAMC will not incur any additional charges for any reason because of removal.
Protection from Damage: The contractor shall provide all labor, materials, and equipment necessary to protect personnel, furnishings, equipment, and buildings from damage. The contractor shall remove and replace moveable items if necessary and shall replace or repair any item equal to its original construction and finish if damaged due to work performed under this contract.

Safety Requirements: The contractor shall take such safety precautions necessary to protect the lives and health of the occupants of the building. At a minimum, the contractor shall perform work in a safe manor, to include protection for the contractor and others against exposure to blood, body fluids, infectious materials, radiation, chemical and other hazards. At times, the contractor shall be required to wear personal protective equipment (PPE) while performing services under the contract. PPE may include gloves, masks, gowns, eye protection, or other devices. Any questions concerning the appropriate/necessary use of PPE shall be referred to the VA personnel in charge of the area where work is being performed. Compliance with VAMC and OSHA regulations is mandatory.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY language
GENERAL
Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
ACCESS to VA INFORMATION AND VA INFORMATION SYSTEMS
A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.
All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.
Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.
Medical equipment maintenance contracts that do not store any VA sensitive information off site should have a VHA applicable BAA executed to address and to protect the incidental data that may be exposed to the contractor during the installation or maintenance of the equipment.

VA INFORMATION CUSTODIAL Language
Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).
The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.
The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.
If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.
RECORDS MANAGEMENT
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.
SECURITY INCIDENT INVESTIGATION
The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.
To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.
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 VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in systems to which the contractor/subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. The term security incident: means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6 Appendix C, paragraph 6.a.
In the event of a data breach or privacy incident involving any SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for $_37.50__per affected individual to cover the cost of providing credit protection services.
MEDIA SANITIZATION REQUIREMENTS
Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes.
Vendor must accept the system without the drive;
VA s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or
VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.
Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;
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 VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract.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.
TRAINING
All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:
Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;
Successfully complete the appropriate VA privacy training and annually complete required privacy training; and
The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

PLACE OF PERFORMANCE
Hershel Woody Williams VA Medical Center
1540 Spring Valley Drive
Huntington, WV 25704

TRAVEL
N/A
CLASSIFICATION/SECURITY
Unclassified. Security clearance is not required.
GOVERNMENT FURNISHED PROPERTY
None.
INTERESTED & CAPABLE RESPONSES:
NCO 5 is seeking responses from businesses that are interested in this procurement and consider themselves to have the resources, rights, and capabilities necessary to provide these services. Please respond with your:
Business name, business type, socio-economic status (e.g., Veteran-Owned, Woman-Owned, Disadvantaged Small Business, 8(a), etc.), person of contact (including telephone number & email address), GSA Contract number if applicable, and DUNS number

Capability statement

Responses must be submitted by 3:00 PM (EDT) January 13, 2023. Responses to the information requested above may be submitted via email to tracy.kute@va.gov.
This Special Notice of Intent to sole source is for planning purposes ONLY. The results of this notice will assist in the development of (1) the requirement, and (2) the acquisition strategy (e.g., small business set-aside, full and open competition, etc.). VA assumes no responsibility for any costs incurred associated with the preparation of responses submitted as a result of this notice.

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