SOLICITATION NOTICE
D -- SOFTWARE LICENSE AND MAINTENANCE
- Notice Date
- 9/24/2011
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541511
— Custom Computer Programming Services
- Contracting Office
- N00259 NAVAL MEDICAL CENTER SAN DIEGO MATERIAL MANAGEMENT 34800 Bob Wilson Drive San Diego, CA
- ZIP Code
- 00000
- Solicitation Number
- N0025911T0656
- Response Due
- 9/27/2011
- Archive Date
- 10/30/2011
- Point of Contact
- Rey de Vera 619-532-5564
- Small Business Set-Aside
- N/A
- Description
- The proposed contract action is for commercial item, which the Naval Medical Center San Diego intends to solicit this requirement on a sole source basis to INTRINSIQ, LLC, under the authority of Far 13.106-1 (b). This is a combined solicitation/synopsis for commercial items, prepared in accordance with the format in FAR subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes only solicitation, quotations are being requested and a written solicitation will not be issued. The solicitation number, N00259-10-T-0656 is issued as a request for quotation (RFQ). The North American Industry Classification System (NAICS) Code for this acquisition is 541511. All interested bidders shall submit quotations electronically by email to reynaldo.devera@med.navy.mil or by facsimile at 619-532-5596, attention Reynaldo de Vera. E-mail submissions are limited to 2MB. The submitter should confirm receipt of facsimile and email submissions. Quotations are due on or before 27 September 2011 at 01:00 P.M. Pacific Standard Time to be considered responsive. CLIN 0001 Intellidose System Software License for eight providers/physicians Qty 12 Mo $_______ Period of Performance: 01 October 2011 thru 30 September 2012 CLIN 0002 Intellidose System Software Maintenance Qty 12 Mo $_______ Period of Performance: 01 October 2011 thru 30 September 2012 INTENDED USE: To facilitate clinical medical record keeping, dose calculation, and data. Under the authority of FAR 13.106-1(b), sole source justification is based on INTRINSIQ, LLC, being the only company that can truly satisfy Government minimum requirement. Only chemotherapy software with built-in safety checks for dosing and drug-drug interactions which will allow NMCSD to continue to use the extensive database of previously administered chemotherapy for patients population. Contractor must be registered to the Central Contractor Registration (CCR) prior to award. The website address for CCR registration is www.ccr.gov Contractor MUST complete FAR 52.212-3, Offeror Representations and Certifications Commercial Items, when submitting a proposal. The website address is http://www.acquisition.gov. DELIVERY ADDRESS: Naval Medical Center San Diego, 34800 Bob Wilson Drive, Dan Diego, CA 92134 The solicitation document and incorporated provisions and clauses are those in effect through FAC 2005-50 and DFARS change notice 20110304. This acquisition incorporates the following FAR clauses: 52.204-7 Central Contractor Registration (APR 2008) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) 52.212-1 Instruction to Offerors-Commercial Item (JUN 2008) 52.212-3 Offeror Representations and Certification--Commercial Items (JAN 2011) 52.212-4 Contract Terms and Conditions--Commercial Items (JUN 2010) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (JAN 2011) 52.219-1 Small Business Program Representation 52.219-28 Post Award Small Business Program Representative (APR 2009) 52.222-3 Convict Labor (JUN 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (JUL 2010) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222.36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-48 Exemption from Application of the Service Contract Act to Contacts for Maintenance, Calibration, or Repair of Certain Equipment Certification (FEB 2009) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG 2011) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 2004) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement (DEC 2007 52.232-18 Availability of Fund (APR 1984) 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) 52.252-2 Clauses Incorporated By Reference (FEB 1998) 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alt A (SEP 2007) 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (AUG 2011) 252.225-7001 Buy American Act and Balance of Payment Program (JAN 2009) 252.225-7002 Qualifying Country Sources As Subcontractors (APR 2003) 252.232-7003 Electronic Submission of Payment Requests (MAR 2008) All responsible sources may submit a quotation which shall be considered by the agency. AVAILABILITY OF FISCAL YEAR 2012 FUNDS. THE GOVERNMENT OBLIGATION MADE HEREUNDER IS CONTINGENT UPON THE ENACTMENT OF THE FISCAL YEAR 2012 APPROPRIATION ACT. THIS ORDER IS ISSUED SUBJECT TO THE 2012 DOD APPROPRIATION ACT OR AN EXTENDED FISCAL YEAR 2011 CONTINUING RESOLUTION ACT AND IS SUBJECT TO ALL PROVISIONS OF WHICHEVER ACT BECOMES APPLICABLE. THE CLAUSE 52.232-18 REFERENCED HEREIN APPLIES TO THIS CONTRACT. TERMS AND CONDITIONS 1.Definitions. The following terms shall have the meanings set forth below: Authorized User means a person who (a) is a licensed oncologist, oncology nurse, pharmacist or other oncology health care professional; (b) provides health care services on behalf of the Government, whether as an employee or independent contractor; and (c) has completed Training in the use of the Software, conducted by or on behalf of Contractor or by a Government employee that has completed Training. Production Server means a server owned or leased by the Government that is regularly used by Authorized Users for the provision of healthcare services. Test Server means a server owned or leased by Government that is not used as a Production Server. Training means training in the use of the Software conducted by or on behalf of Contractor or by a Government employee that has completed Training. User Reference Guide means Contractor s published reference guide for the Software as updated from time to time in the sole discretion of Contractor. 2.Grant of License; Scope and Restrictions on Use; Proprietary Rights. Subject to the terms and conditions of this Contract, Contractor hereby grants the Government a non-exclusive, non-transferable, revocable license to: (i) to install the Software on one or more Test Servers; (ii) install the Software on a single Production Server; and (iii) use and execute the Software for purposes of serving Government s internal needs. The Software may be used and executed only by Authorized Users on computers located at site(s) associated with the Government. Government may make a reasonable number of copies of the Software for backup or archival purposes only. The Government may: (i) Used or copy the Software for use with a backup computer if any computer for which it was acquired is inoperative or replaced; and (iii) Reproduce a single copy of the Software for safekeeping (archives) or backup purposes. Government shall not: (i) sell, license, rent, lease or otherwise transfer or distribute the Software, in whole or in part; (ii) provide services using the Software to third parties; (iii) reverse engineer, decompile, disassemble or translate the Software; or (c) alter the Software in any way or make any derivative work based on the Software, such as a revision, modification, translation, abridgment, condensation, expansion or any other form in which the Software may be recast, transformed or adapted. Contractor does not convey any proprietary interest in or to the Software or any intellectual property rights therein and/or related thereto other than the license rights expressly granted hereunder. All rights not granted to Government herein are expressly reserved by Contractor. Government shall not remove or destroy any copyright notices or other proprietary markings appearing on or contained within the Software and all such notices and marking shall appear on all copies of the Software made by Government. Upon any termination of this Contract for any reason, the license granted hereunder shall terminate and Government shall remove any and all copies of the Software installed on its systems and Government shall and return to Contractor all copies of the Software and all other Confidential Information of Contractor in Government s possession or control or, with Contractor s prior written consent, destroy such copies and an officer of the Government shall certify in writing to Contractor that all such copies have been so destroyed. 3.Representations, Warranties and Covenants. In lieu of the rights granted under FAR 52.212-4(o), the parties agree as follows: (a)Each of Contractor and Government represents, warrants and covenants to the other that (i) it has and will have full power and authority to enter into and perform its obligations hereunder; and (ii) it will comply with all laws, rules and regulations applicable to the performance of its obligations hereunder (including, but not limited to privacy laws, rules and regulations). (b)Contractor represents and warrants that, so long as Government is in full compliance, the Software will perform substantially as set forth in the User Reference Guide. Government shall notify Contractor of any failure of the Software to substantially conform with the User Reference Guide and shall provide Contractor with (i) Government s estimation of the severity of such non-conformity; and (ii) such reasonable printouts, typescripts, documentation and other details of such non-conformity as Contractor shall request. CONTRACTOR S SOLE LIABILITY AND GOVERNMENT S EXCLUSIVE REMEDY WITH RESPECT TO A BREACH OF THE FOREGOING WARRANTY WILL BE LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE SOFTWARE. (c)Contractor represents and warrants to Government that it has all rights, authorizations or licenses to provide the Software to Government. (d)Government represents, warrants and covenants that it (i) will not use the Software for any purpose outside of the scope of this Contract; (ii) will not permit any person or entity outside of Authorized Users to use the Software; and (iii) will cause all Authorized Users to use the Software solely in accordance with the terms and conditions of this Contract. (e)The Software is not intended to define any standard of care or to prescribe any course of treatment or management. Variations in practice will inevitably and appropriately occur when clinicians take into account the needs of individual patients, available resources, and limitations unique to an institution or type of practice. The Software is not designed to address all of the issues relevant to a particular oncology practice or other provider s situation, but instead is intended only to provide general information that may be of relevance to various situations. As such, the Software cannot identify medical risks specific to an individual patient nor recommend patient treatment. GOVERNMENT IS SOLELY RESPONSIBLE FOR EVALUATING AND APPLYING THE INFORMATION CONTAINED IN OR GENERATED BY THE SOFTWARE. GOVERNMENT IS SOLELY RESPONSIBLE FOR ALL DECISIONS CONCERNING MEDICAL TREATMENTS INCLUDING DETERMINING THE PROPER CHEMOTHERAPY OR OTHER DRUG DOSES. THE SOFTWARE IS NOT TO BE USED AS A SUBSTITUTE FOR PROFESSIONAL TRAINING, CLINICAL JUDGMENT OR THE PRACTICE GUIDELINES AND PROTOCOLS OF THE GOVERNMENT. (f)Any use of the Software by Government is at Government s own risk. Except as expressly set forth herein, the Software is provided as is and Contractor makes no other representation or warranty, express, implied, statutory or otherwise, including without limitation, the implied warranties of merchantability, non-infringement or fitness for a particular purpose or arising from a course of dealing or usage of trade. Further, except as expressly set forth herein, Contractor makes no representation or warranty as to the condition, design, use or operation of the Software and, without limiting the generality of the foregoing, Contractor specifically disclaims any implied or express representations and warranties that the Software will meet any requirements or needs Government may have, that the Software will operate error free or in an uninterrupted fashion and that the Software is compatible with any particular platform. GOVERNMENT IS SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROTECTIONS AND PROCEDURES TO SATISFY ANY SECURITY REQUIREMENTS, ACCURACY OF DATA INPUT AND DATA BACK-UPS. (g)The terms of this Section 3 are essential to Contractor s willingness to license the Software to Government. 4.U.S. Government Restricted Rights. The Software has been developed exclusively at private expense. The Software is commercial software under the Federal Acquisition Regulations (FAR), at 48 C.F.R. 52.227-19, and under supplements to the FAR promulgated by agencies of the federal government. If Government is an agency of the federal government, Government shall have no greater rights than RESTRICTED RIGHTS with respect to the Software; provided, however, that, with respect to any data generated or compiled by the Software, the Department of Defense shall have no greater rights than set forth in subparagraph (c)(1(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT. 1988), except as otherwise provided in this Contract. Contractor s rights are reserved under the copyright laws of the United States. Contractor/manufacturer is Contractor. 5.Export Restriction. Government understands that Contractor is subject to regulation by United States government agencies, which may prohibit export or diversion of the Software, information about the Software, and direct products of the Software to certain countries and certain persons. Regardless of any disclosure Government makes to Contractor of an ultimate destination of the Software, Government warrants that it will not export in any manner, either directly or indirectly, any of the Software or direct products of the Software, without first obtaining all necessary approval from appropriate United States government agencies. Government acknowledges that the regulation of product export is in continuous modification by the United States Congress and administrative agencies. Government agrees to complete all documents and to meet all requirements arising out of such modifications. 6.Confidentiality. The Government acknowledges that the Software and related technical data are the proprietary property of Contractor, developed at private expense and subject to disclosure restriction. 7. General. (a)The headings of this Contract are intended solely for convenience of reference and shall be given no effect in the interpretation or construction of this Contract.
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