FBODaily.com | FedBizOpps: PRESOL | Q | Government intends to solicit and negotiate with only one source under the authority of FAR 6.302. quote mark Internet Based Computer Patient Charting System, EMS Charts quote mark follow on contract.

FBO DAILY - FEDBIZOPPS ISSUE OF FEBRUARY 15, 2013 FBO #4101
SOLICITATION NOTICE

Q -- Government intends to solicit and negotiate with only one source under the authority of FAR 6.302. quote mark Internet Based Computer Patient Charting System, EMS Charts quote mark follow on contract.

Notice Date: 2/13/2013
Notice Type: Combined Synopsis/Solicitation
NAICS: 511210 — Software Publishers
Contracting Office: Medcom Contracting Center North Atlantic, ATTN: MCAA NA Bldg T20, 6900 Georgia Avenue NW, Washington, DC 20307-5000
ZIP Code: 20307-5000
Solicitation Number: W91YTZ-13-T-0326
Response Due: 3/13/2013
Archive Date: 4/14/2013
Point of Contact: mary.a.martin, 910-643-2119
E-Mail Address: Medcom Contracting Center North Atlantic
(mary.a.martin@us.army.mil)
Small Business Set-Aside: N/A
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. W91YTZ-13-T-0326 Combined Synopsis/Solicitation The North Atlantic Regional Contracting office, Womack Army Medical Center (WAMC), Fort Bragg, NC 28310, intends to solicit, negotiate, and award a contract to a Small Business; EMS Charts, Inc. 600 Mifflin Rd, Pittsburgh PA 15207-2026 for quote mark Internet Based Computer Patient Charting System, EMS Charts quote mark follow on contract. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and a written solicitation will not be issued and is expected to result in the award of a firm-fixed price contract. The resulting award will be made on SF 1449, for commercial services. The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 6.302. Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all proposals received after the date of publication of this synopsis will be considered by the Government. 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. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. All responses must be received by 13 March, 2013, 1:00 PM EST. This is solicitation number W91YTZ-13-T-0326 and the proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 6.302. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-55. The Standard Industrial Classification Code is 7374, size standard is 35.5 M and the NAICS code of 511210. Womack Army Medical Center Fort Bragg North Carolina 28310 has a requirement for providing the Armed Services: Internet Based Computer Patient Charting System, EMS Charts follow on contract. This requirement is for a three year Internet Based Computer Patient Charting System follow on contract. Please include shipping and handling cost if applicable. The Government anticipates awarding a single award for this requirement. This requirement is for EMS Charts, Inc. for the services and products listed below. No exceptions or compatibles will be accepted. Clauses and provisions throughout this solicitation can be viewed by accessing website www.farsight.hill.af.mil and https://acquisiton.gov/far. Delivery: Within 30 days after receipt of order. Shipping shall be FOB destination to Womack Army Medical Center, Fort Bragg, NC 28310. FAR provision 52.212-1 [Instructions to Offerors Commercial] applies to this acquisition to include the following addenda: All offerors are cautioned that if selected for award, they must be registered with the System for Award Management (SAM) program. The SAM can be accessed via the internet at www.sam.gov. Confirmation of SAM registration will be validated prior to awarding a contract. Line Item Number 0001 Period of Performance (01 April 2013 - 31 March 2014) EMS Charts Base Package ALS/BLS Ground: Package includes between 0001 - 8000 Charts/year, quality assurance, standard and custom reporting, continuing education, human resources, helpdesk support 24/7/365. :Monthly charges to paid by credit card. See Performance Work Statement for more details. Manufacturer: EMS Charts, Inc. Quantity Description of Product 12 MonthsMaintenance and Support Contract EMS Charts Base Package ALS/BLS Ground Unit Price $__________________ Extended Amount $____________________ Line Item Number 0002 Period of Performance (01 April 2013 - 31 March 2014) CONTRACT MANPOWER REPORTING 1 PER YEAR, Unit Price $______________Total Extended Amount $____________________ The Contractor is required to enter data into the Contractor Manpower Reporting (CMR) system as defined in the Performance Work Statement (PWS). NOTE: If the reporting of Manpower Equivalents is not separately priced, insert quote mark NSP quote mark in the blank shown. Reporting shall be for the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by October 31 of each calendar year. Line Item Number 1001 1st Option Period of Performance (01 April 2014 - 31 March 2015) EMS Charts Base Package ALS/BLS Ground: Package includes between 0001 - 8000 Charts/year, quality assurance, standard and custom reporting, continuing education, human resources, helpdesk support 24/7/365. :Monthly charges to paid by credit card. See Performance Work Statement for more details. Manufacturer: EMS Charts, Inc. Quantity Description of Product 12 MonthsMaintenance and Support Contract EMS Charts Base Package ALS/BLS Ground Unit Price $__________________ Extended Amount $____________________ Line Item Number 1002 1st Option Period of Performance (01 April 2014 - 31 March 2015) CONTRACT MANPOWER REPORTING 1 PER YEAR, Unit Price $______________Total Extended Amount $____________________ The Contractor is required to enter data into the Contractor Manpower Reporting (CMR) system as defined in the Performance Work Statement (PWS). NOTE: If the reporting of Manpower Equivalents is not separately priced, insert quote mark NSP quote mark in the blank shown. Reporting shall be for the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by October 31 of each calendar year. Line Item Number 2001 2nd Option Period of Performance (01 April 2015 - 31 March 2016) EMS Charts Base Package ALS/BLS Ground: Package includes between 0001 - 8000 Charts/year, quality assurance, standard and custom reporting, continuing education, human resources, helpdesk support 24/7/365. : Monthly charges to paid by credit card. See Performance Work Statement for more details. Manufacturer: EMS Charts, Inc. Quantity Description of Product 12 MonthsMaintenance and Support Contract EMS Charts Base Package ALS/BLS Ground Unit Price $__________________ Extended Amount $____________________ Line Item Number 2002 2nd Option Period of Performance (01 April 2015 - 31 March 2016) CONTRACT MANPOWER REPORTING 1 PER YEAR, Unit Price $______________Total Extended Amount $____________________ The Contractor is required to enter data into the Contractor Manpower Reporting (CMR) system as defined in the Performance Work Statement (PWS). NOTE: If the reporting of Manpower Equivalents is not separately priced, insert quote mark NSP quote mark in the blank shown. Reporting shall be for the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by October 31 of each calendar year. Provide your Company's Dunn and Bradstreet number (DUNS); CAGE code; tax ID number; number of days to deliver, along with your Published Price list, by item number, for evaluation purposes. Responses are to be emailed to Mary Martin mary.a.martin@us.army.mil no later than 13 March, 2013, 1:00 PM EST. The following provisions in their latest editions apply to this solicitation. FAR Clauses and provisions can be viewed at http://www.farsite.hil.af.mil and https://www.acquisition.gov Vendors shall include a completed copy of FAR provision 52.212-3 Offeror Representations and Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive. Clause 52-212-4 Contract Terms and Conditions-Commercial items, applies to this acquisition to include any applicable addenda. 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2012) Addendum to 52.212-4 (u) The non-FAR Part 12 discretionary FAR, DFAR, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be found. 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.219-6 Notice of Total Small Business Set-aside (NOV 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) (EEO) 52.222-36 Affirmative Action for Workers With Disabilities (OCT 2010) 52.222-50 Combating Trafficking In Persons (FEB 2009) 52.222-51 Exemption From application of The service Contract act to Contracts for maintenance, Calibration, or Repair of Certain Equipment- Requirements (NOV 2007) 52.223-18 Encouraging Contractor policies to ban text messaging while driving (AUG 2011) 52.225-13 Restrictions on certain foreign purchases (JUN 2008) 52.232-33 Payment by Electronic Funds Transfer- Central Contractor Registration (OCT 2003) 52.232-99 Providing Accelerated payment to Small Business Subcontractors (DEV 1012-O0014) (AUG 2012) 52.233-3 Protest After Award (AUG 1996) 52.233-4, Applicable law for breach of contract claim (OCT 2004) 252.203-7000 Requirements Relating to Compensation of Former DOD Officials (SEP 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (JAN 2009) 252-204-7000 Disclosure of Information (DEC 1991) 252.204-7003 Control of Government Personnel work Product (APR 1992) 252.232.7003 Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) 252.232-7010 Levies on Contract payments (DEC 2006) CLAUSES INCORPORATED IN FULL TEXT 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 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 30 days before the contract expires. (End of clause) 52.217-9 Option to Extend the Term of the Contract (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor 30 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend 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 54 months. (End of clause) 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012) (a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts-- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall re-represent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number. (Contractor to sign and date and insert authorized signer's name and title). (End of clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): www.acquisition.gov/far www.farsite.hill.af.mil (End of clause) 52.252-6 Authorized Deviations in Clauses (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of quote mark (DEVIATION) quote mark after the date of the clause. (b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of quote mark (DEVIATION) quote mark after the name of the regulation. (End of clause) 252.204-7008 EXPORT-CONTROLLED ITEMS (APR 2010) (a) Definition. Export-controlled items, as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130). The term includes: (1) Defense items, defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR part 120. (2) Items, defined in the EAR as ``commodities, software, and technology,'' terms that are also defined in the EAR, 15 CFR 772.1. (b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for Contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR. (c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause. (d) Nothing in the terms of this contract adds to, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to-- (1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.); (2) The Arms Export Control Act (22 U.S.C. 2751, et seq.); (3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.); (4) The Export Administration Regulations (15 CFR parts 730-774); (5) The International Traffic in Arms Regulations (22 CFR parts 120-130); and (6) Executive Order 13222, as extended. (e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts. (End of clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2011) (DEVIATION) (a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (JUL 2010) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.237-7019Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). 252.247-7003Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417) 252.247-7023Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) 252.247-7024Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631) (End of clause) 252.222-7001 RIGHT OF FIRST REFUSAL OF EMPLOYMENT-CLOSURE OF MILITARY INSTALLATIONS (APR 1993) (a) The Contractor shall give Government employees, who have been or will be adversely affected by closure of the military installation where this contract will be performed, the right of first refusal for employment openings under the contract. This right applies to positions for which the employee is qualified, if consistent with post-Government employment conflict of interest standards. (b) Government personnel seeking preference under this clause shall provide the Contractor with evidence of eligibility from the Government personnel office. (End of clause) WAWF Invoicing: The contract will be invoiced and paid using Wide Area Work Flow (WAWF). Instructions for invoice submission will be incorporated into the contract. The Clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (AUG 2012) (Deviation) applies to this acquisition FAR 52.212-1, Instructions to Offeror-Commercial Items (FEB 2012) applies. ADDENDUM TO 52.212-1 Para (b) Submission of Offers: The following supplements this paragraph with respect to the information and documents required for submission in response to this solicitation. (1)ELECTRONIC OFFERS. Offerors may submit electronic offers in response to this solicitation. The offer must arrive by the time specified in the solicitation to the following email address: mary.a.martin@us.army.mil (2) The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer. (3) The Government intends to award a firm-fixed price contract. Offerors must quote a firm-fixed price for each Contract Line Item. (4)Any questions with respect to the solicitation shall be submitted in writing to Ms Martin at mary.a.martin@us.army.mil by 2 :00 a.m. EST 11 March, 2013. Telephone calls will not be accepted nor responded to. Responses will be emailed to all interested offerors. (5)The technical information required for evaluation purposes, shall not exceed 2 pages. (6)PROCESS FOR AWARD. Award will be made on a lowest price, technically acceptable basis. Discussions may be conducted whenever the Contracting Officer deems it appropriate. The contract will be awarded strictly in accordance with the criteria and process established in FAR 12. (7) Please completer 52.212-3 ALT I quote mark Offeror Representations and Certifications - Commercial Items quote mark. (8)SUBMISSION OF OFFERS. Please note that your offer must include all of the following information. Submit proposal in three separate parts as follows: PART I:TECHNICAL INFORMATION. The information provided by the offeror will be a significant factor in the Government's determination of technical acceptability. (Refer to Addendum 52.212-2). Technical capability to include product literature, catalog price lists if available; warranty, guarantee, technical specs, and delivery information. PART II: PAST PERFORMANCE. Offeror is required to submit information, on a single page, identifying federal, state and local government and private contracts performed within the past three years, which are similar in scope and complexity to the effort described in this solicitation. If none, offeror should so state and provide information on references. Information provided by the contractor shall state include the following: Name, telephone and fax numbers of a point of contact in the administering contracting office, the award/contract number, the term of the contract (1 year, 2 years etc), and the total quantity furnished annually. PART III: PRICE. If the prices are the same for each contract period, provide one schedule and state that the schedule applies to all contract periods. The information provided in this schedule will be used to assist in the price analysis described in EVALUATION OF THE PROPOSED PRICES, in ADDENDUM TO FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS. (9)Representations and Certifications found at FAR 52.212-3 ALT I and DFAR 252.212-7000 MUST be completed and submitted with the offer. Para (g) Contract award. This is amended to state that the Government may conduct discussions prior to contract award. Para (j) Data Universal Numbering System (DUNS) / CAGE Code. The offeror shall obtain these said Codes and submit them to Contracting Center. Registration in the Central Contractor Registration (CCR), if you are a US firm. Award cannot and shall not be made to an offeror without these codes. Para (n) Bid Preparation Costs. This solicitation does not commit the Government to pay any costs incurred in the submission of an offer, in making any necessary studies for the preparation thereof, or for any visit(s) the Contracting Officer may request for the purpose of clarification of the offer. The Government may reject a proposal if it is found that any information that has a negative impact on the offeror's past performance record has been deleted, misrepresented, or withheld. BASIS FOR AWARD. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. (m) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found. (End of Addendum to 52.212-1) CLAUSES INCORPORATED BY REFERENCE FAR 52.211-6 Brand Name or Equal (AUG 1999) FAR 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification (NOV 2011) CLAUSES INCORPORATED IN FULL TEXT 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) for all referenced clauses/provisions, see web site http://www.farite.hill.af.mil or https://www.acquisition.gov FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of quote mark (DEVIATION) quote mark after the date of the provision. The use in this solicitation of any DOD FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of quote mark (DEVIATION) quote mark after the name of the regulation. FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: The award decision will be based on the Lowest Priced, Technically Acceptable offer. Best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. quote mark (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) ADDENDUM TO 52.212-2 Paragraph (a) is hereby supplemented with the following: (a). The total evaluated price must be reasonable, and any additional expense must be justified by a corresponding value for technical merit, or an expectation of greater quality of performance. (b). Contractors may not qualify if any of the following are not met: 1. Proposal does not reasonably address the requirements in the request for proposal (RFP). 2.Proposal includes major deficiencies or omissions which discussions could not be expected to cure without a major revision or a new proposal. 3.Proposal is so technically inferior or so out of line in price as compared to other proposals as to preclude it from having a reasonable chance for award. 4. An unrealistically low price, may indicate lack of sound management judgment and lack of understanding of the requirement for the geographic area of service, or unbalanced pricing of line items, as proposed initially or subsequently, may be grounds for eliminating a proposal either on the basis that the offeror does not understand the requirement or has made an imprudent offer. 5. The Government reserves the right to conduct discussions, if necessary. PART I TECHINICAL: Technical capability to include product literature, catalog price lists if available; warranty, guarantee, technical specs, and delivery information. Technical will be evaluated as either Acceptable or Unacceptable. Best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. Definitions are as follows: ACCEPTABLE: To be rated acceptable, the offeror's technical proposal must demonstrate it can meet all requirements. UNACCEPTABLE: A technical proposal that fails to demonstrate it can meet one or more requirements will be determined unacceptable. PART II PAST PERFORMANCE Offeror is required to submit information, on a single page, identifying federal, state and local Government and private contracts performed within the past three years, which are similar in scope and complexity to the effort described in this solicitation. If none, offeror should so state and provide information on references. Information provided by the Contractor shall state: The type of service provided with information to verify references: Names; telephone numbers; Points of Contact; amount of contract; and email addresses. Past performance shall be used as an evaluation factor within the LPTA process, unless waived by the PCO in accordance with FAR 15.101- 2(b). It shall be evaluated in accordance with FAR 15.305 and DFARS 215.305. However, the comparative assessment in FAR 15.305(a)(2)(i) does not apply. Therefore, past performance will be rated on an quote mark acceptable quote mark or quote mark unacceptable quote mark basis using the ratings below. Acceptable: Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See note below.) Unacceptable: Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, quote mark unknown quote mark shall be considered quote mark acceptable. quote mark PART III PRICE: Price will be evaluated separately from Technical and will be evaluated for fairness and reasonability. Offeror shall provide their published price list with their offer. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012) ALTERNATE I (APR 2011) Vendors shall include a completed copy of FAR provision 52.212-3 Offeror Representations and Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive. (End) PERFORMANCE WORK STATEMENT (PWS) Pre-Hospital Electronic Patient Care Records 1. Description of Services. 1.1.Contractor shall provide a quote mark Product quote mark is hereinto referred to as quote mark Internet Based Computer Patient Charting System quote mark that allows for creating, maintaining, accessing, managing and reporting pre-hospital medical information related to emergency medical care transport and other medical services; mobile data collection software for Pocket PC PDAs, mobile data collection software for laptop and tablet computers that allows onsite patient data collection. 2. Services Provided by Vendor 2.1. Website. Contractor shall provide access to Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service to the computer patient charting website at all times except when unavailable due to upgrades or repairs/maintenance. The website shall provide a proprietary computerized system for data input, manipulation and standard report generation per Vendor specifications. 2.2 Modifications/Customizations. Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service accepts the Internet Based Computer Patient Charting System with the standard functionality, reports, and queries existing at the time of purchase. If Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service requests custom functions, reports or queries, Vendor will advise if such enhancements are currently being developed or will be placed on a future development list. If at that time Vendor does not plan to develop the enhancements as part of product standard features, Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service and Vendor may agree that Vendor will provide the enhancements for a development fee. No work on a Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service requested enhancement will be undertaken unless Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service agrees in writing in advance to the scope and estimated cost of the enhancement. 2.3. Documentation and Training. Vendor shall supply user manuals containing specifications and instructions. Vendor shall also provide phone and web-based administrative support and configuration training during the first month following the first use of Vendor's product. 2.4. On-site training provided at no additional cost. 2.5. Customer Support. General phone support is available during Vendor regular business hours. Emergency phone support is available 24 hours per day, 7 days per week, through a designated communication center. 2.6 Project Manager. Vendor shall appoint a project manager who shall be available to consult with Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service designated representative to facilitate the performance of this Agreement. 2.7. System Performance and Maintenance. System performance and maintenance shall be subject to the quote mark Service Levels and Maintenance Guidelines quote mark. 2.8. State Reporting. Vendor shall provide a means of collecting and transmitting Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service pre-hospital data to any state regulatory body or designee in compliance with reasonable state regulations and requirements. 3. Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service Obligations 3.1.Hardware and Software. For each workstation from which Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service Customer desires access to internet based computer patient charting system shall provide and install at its own expense hardware and software meeting the specifications set forth Vendor. 3.2. Internet Access. Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service shall be responsible for obtaining and paying for physical connections of the computers to the Internet. 3.3. Upgrades. Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service shall be responsible to purchase and/or install any upgrades to hardware or software necessary to access future versions of the internet based computer patient charting system. Vendor agrees to provide Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service with at least six (6) months notice of any changes that may require modifications to Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service hardware or software. 3.4. Designate Representative. Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service shall designate a representative to communicate with Vendor's project manager to facilitate the performance of this Agreement. 4.License and Restrictions on Use 4.1.Grant of License. Upon receipt of applicable Service Fees and in accordance with the contract. Vendor grants to Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service a non-exclusive, non-transferable, limited license to access and use the internet based computer patient charting system only in the following manner: (a) by Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service and its authorized users remotely accessing internet based computer patient charting system; (b) for bona fide purposes relating to the input, manipulation and reporting of patient, other clinical and operational data created and modified by Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service and its authorized users, and for no other purposes; (c) during the Term. 4.2.Authorized Users. 4.2.1 Vendor shall give administrative rights to the Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service Representative or other Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service designee to establish user passwords for persons and entities Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service authorizes to input and/or access its data ( quote mark authorized users quote mark ). Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service shall have exclusive control over the designation of authorized users. Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service and its authorized users are responsible for maintaining the confidentiality of all passwords. 4.2.2 Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service is responsible to assure that its authorized users comply with the limitations of use set forth in this Performance Work Statement and to enter into any confidentiality agreement(s) with its authorized users that may be required by the Health Insurance Portability and Accountability Act of 1996 ( quote mark HIPAA quote mark ), the Health Information Technology for Economic and Clinical Health Act, Title XIII of the American Recovery and Reinvestment Act of 2009 (the quote mark HITECH Act quote mark ), or other federal or state law. 4.2.3 In no event shall Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service or any authorized user knowingly allow access to internet based computer patient charting system by any unauthorized user or by any person or entity who/that makes, markets, distributes or has any ownership or other economic interest in any service or product that would compete with the service(s) and product(s) provided under the terms of this Performance Work Statement, except with written prior approval from Vendor. 5.Data 5.1Ownership of Data. All data entered by Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service shall be considered the property Department of the Army, Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service and shall be kept confidential by Vendor. 5.2.Access to Data. Only Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service and its authorized users may access Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service data. Vendor shall not be responsible for the unauthorized, illegal, or improper dissemination or use of data by Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service or its authorized users. 5.3.Protected Health Information. It is recognized by the parties that data entered by Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service and its authorized users will include quote mark Protected Health Information quote mark as that term is defined in HIPAA regulations at 45 CFR 164.501. 5.4.Vendor represents that its software, database, servers and communication protocols and procedures meet the security standards established by HIPAA for the protection of Protected Health Information when properly utilized in accordance with this Performance Work Statement. 5.5.Transfer and Removal of Data. Upon termination of contract by either party for any reason, or at any time requested by Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service in writing during the Term of the contract, Vendor shall transfer all data to Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service within thirty (30) days in a mutually agreed format. If Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service and Vendor cannot agree upon a format within thirty (30) days, Vendor shall have the right to transfer or store Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service data in a generally accepted format. After termination and transfer of data to Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service, or at any other time requested by Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service, Vendor shall remove any and all Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service data from its servers unless such removal would violate a court order, law, regulation or other legal prohibition. 6.Vendor's Protected Property 6.1 No Transfer of Rights. All title and applicable common law and statutory rights in and to use mobile data collection software for Pocket PC PDAs, mobile data collection software for laptop and tablet computers including, but not limited to, rights in confidential and trade secret material, Screen Shots, Screen Layouts, business logic, source code, object code, user manuals, specifications, trademarks, service marks, logos, patents and copyrights, if any, and all derivative works therein shall, as between Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service and Vendor, be and remain the property of Vendor, and Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service will have no right, title or interest in any such property ( quote mark Vendor's Protected Property quote mark ). 6.2 Forbidden Acts. Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service agrees not to copy, distribute, sell, reproduce, alter, enhance, modify, and reverse engineer or use for any purpose other than the legitimate purposes authorized by this Performance Work Statement, any Vendor Protected Property. 6.3 Acts Allowed by Licensee. Notwithstanding the above, in the exercise of the rights and license granted hereunder, Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service may print or download management reports, patient care reports, and forms from internet based computer patient charting system, provided that Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service keeps intact all copyright and other proprietary notices. 6.4 Acknowledgement of Rights. Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service acknowledges that Vendor's property rights in and to software for Pocket PC PDAs, mobile data collection software for laptop and tablet computers are valuable and unique and that such property rights are protected. Customer also acknowledges that it will preserve and protect the confidentiality of these products. In protecting the confidentiality of the internet based computer patient charting system, Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service shall, at a minimum, exercise the same degree of care and take the same actions that Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service exercises and takes with regard to the preservation and protection of its own confidential information and proprietary rights, but not less than a reasonable degree of care. 7.Maintenance and Service Level Guidelines 7.1. Definitions 7.1.1. quote mark Regular or Peak Hours quote mark : The hours of 7:00 a.m. to 11:00 p.m. (based on Eastern Standard Time or Eastern Daylight Savings Time, whichever is currently applicable) 7.1.2. quote mark Non-Peak Hours quote mark : All other hours in a day that are not quote mark Peak Hours. quote mark 7.1.3. quote mark Non-Critical System Maintenance quote mark : Maintenance that is not necessary to maintain the integrity of data or system stability. 7.1.4. quote mark Critical System Maintenance quote mark : Maintenance that is necessary to maintain the integrity of data or system stability. 7.1.5. quote mark Critical Problem quote mark : Any problem encountered by Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service that materially and adversely interferes with Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service use of software for Pocket PC PDAs, mobile data collection software for laptop and tablet computers 7.1.6. quote mark Non-Critical Problem quote mark : Any problem encountered by Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service involving the use of software for Pocket PC PDAs, mobile data collection software for laptop and tablet computers that does not materially or adversely interfere with Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service use. 7.2 Maintenance and Remedial Work 7.2.1 Scheduled and Non-Scheduled Maintenance. 7.2.1.1 Non-Critical System Maintenance. Vendor will use best efforts to carry out Non-Critical System Maintenance during Non-Peak hours. If downtime is anticipated to be less than 15 minutes, at least 4 hours prior notice will be given as an application message on the system. If downtime is anticipated to be between 16 and 90 minutes, at least 24 hours prior notice will be given using both application messages and email notification to the service administrator as listed by Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service in the application configuration. If downtime is anticipated to be greater than 90 minutes, at least 72 hours prior notice will be made using both application messages and email notification to the service administrator as listed in the application configuration. 7.2.1.2. Critical System Maintenance. Critical system maintenance may be performed whenever it is deemed necessary by Vendor to maintain the integrity of data or the stability of the system. 7.2.2 Remedial Work. 7.2.2.1. Critical Problem. In the event of a critical problem, Vendor will use all efforts to correct a verifiable, reproducible problem within 1 business day (i) after Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service reports such problem to Vendor; or (ii) after detection by Vendor. 7.2.2.2 Non-Critical Problem. In the event of a non-critical problem, Vendor will use reasonable efforts to correct a verifiable, reproducible non-critical problem within 5 business days (i) after Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service reports such problem to Vendor; or (ii) after detection by Vendor. 7.2.2.3. Exclusions. Vendor's obligations to correct problems, make repairs, provide maintenance or provide other services (the quote mark remedial work quote mark ) shall not include: 7.2.2.3.1 Remedial work for anything other than to software for Pocket PC PDAs, mobile data collection software for laptop and tablet computers. 7.2.2.3.2. Any remedial work in any way required by or related to the following: 7.2.2.3.2.1 Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service or Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service representative's designs, specifications or instructions; 7.2.2.3.2.2. Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service failure to fulfill any of Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service obligations or responsibilities under the Performance Work Statement; 7.2.2.3.2.3. Failure by Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service to comply with Vendor's written instructions or recommendations; 7.2.2.3.2.4. Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service or any Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service designated third party using or combining any component of software for Pocket PC PDAs, mobile data collection software for laptop and tablet computers with any incompatible product or service that does not properly exchange data with internet based computer patient charting system; 7.2.2.3.2.5. Alteration or improper use of software for Pocket PC PDAs, mobile data collection software for laptop and tablet computers by Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service or others; 7.2.2.3.2.6. A failure to use or install error corrections, repairs, updates or upgrades or take other reasonable actions recommended by Vendor so that products functions properly; 7.2.2.3.2.7. Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service own hardware, software, equipment or facilities 7.2.2.3.2.8. Design or manufacturing defects in any products or services not made and provided by Vendor; 7.2.2.3.2.9. A failure of a Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service local area network or wide area network that prevents the transmission of data intended for review at the destination. This includes any disruptions of Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service telephone lines, Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service ISP connections to the Internet and any electronic delivery systems that constitute the quote mark Internet backbone. quote mark 7.2.2.3.2.10. Anything beyond Vendor's reasonable control. This includes, but is not limited to, any acts of God, widespread power outages or telecommunication disruptions, and/or the illegal activity of virus writers and/or quote mark hackers quote mark who deliberately produce material/actions that disrupt the connectivity between Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service and Vendor, including a denial of service attack. 7.2.2.3.2.11. Any planned downtime or maintenance communicated by Vendor to Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service. Communication may include notices on Vendor's web site. 8.Service Level Commitment 8.1. Availability Commitment - Definition and Calculation. Internet based computer patient charting system shall be available for Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service Usage 98% of the time during any one calendar month. quote mark Available for Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service Usage quote mark means that internet based computer patient charting system is functioning and is not subject to quote mark Downtime. quote mark quote mark Downtime quote mark equals the time during which internet based computer patient charting system is functioning with a Critical Problem or not functioning due to a Critical Problem. Downtime will commence when Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service notifies Vendor that internet based computer patient charting system is unavailable for use as a result of a Critical Problem. Downtime will end as soon as the Critical Problem is cured and internet based computer patient charting system is available for use without a Critical Problem. Vendor will maintain, and provide upon request to Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service, Service Level log documenting Service Level performance including all data required to calculate Availability. 8.2. Availability Commitment - Performance and Remedy. In the event that Vendor does not meet its Availability Commitment during any calendar month during the Term, Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service next monthly invoice shall be reduced by 10% plus an additional 1% for each 1% increment below the Availability Commitment. 8.3. Reliability Commitment - Definition and Calculation. Reliability is defined as the number of consecutive calendar months during the Term of the contract when internet based computer patient charting system Availability Commitment is not met. Vendor will maintain, and provide upon request to Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service, a Service Level log documenting Service Level performance including all data required to calculate Reliability. 8.4. Reliability Commitment - Performance and Remedy. In the event that internet based computer patient charting system does not meet its Reliability Commitment during the Term, the following remedies will be available to Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service, and enforceable at the Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service, discretion: 8.4.1. Internet based computer patient charting system does not meet Availability Commitment (regardless of by what %) for two (2) consecutive months: 25% reduction (above Availability remedy) in next monthly invoice. 8.4.2. Internet based computer patient charting system does not meet Availability Commitment (regardless of by what %) for three (3) consecutive months: 40% reduction (above Availability remedy) in next monthly invoice. 8.4.3. Internet based computer patient charting system does not meet Availability Commitment (regardless of by what %) for four (4) consecutive months: Vendor is in default of Performance Work Statement and Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service may exercise any available remedy for Early Termination at its sole discretion or may take a 50% reduction (above Availability remedy) in next monthly invoice. All remedies provided to Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service are in the form of liquidated damages against Vendor. As noted elsewhere in this Performance Work Statement, Vendor has offered liquidated damages as the sole recourse for the Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service in the event of performance problems with or non-performance of internet based computer patient charting system. All other Womack Army Medical Center, Department of Emergency Medicine, Ambulance Service may pursue are limited as noted elsewhere in Performance Work Statement Contractor Manpower Reporting (CMR) ACCOUNTING FOR CONTRACT SERVICES-The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address https://cmra.army.mil/. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractor); (6) Estimated direct labor dollars paid this reporting period (including sub-contractor); (7) Total payments (including sub-contractor); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (10) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest City, Country, when in an overseas location, using standardized nomenclature provided on website); (11) Presence of deployment or contingency contract language, and, (12) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). (13) As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. The contractor shall notify the Contracting Officer's Representative (COR) by the 5th working day of November whether or not they have completed this report. If the COR is unavailable, the contractor will notify the Contracting Officer.
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Place of Performance: Address: Medcom Contracting Center North Atlantic ATTN: MCXC-CT Bldg 4-2817 Reilly Rd Fort Bragg NC; Zip Code: 28310-7301
Record: SN02987124-W 20130215/130213234643-482ae3eaa4db1f3bfbdadfa56152846f (fbodaily.com)
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Q -- Government intends to solicit and negotiate with only one source under the authority of FAR 6.302. quote mark Internet Based Computer Patient Charting System, EMS Charts quote mark follow on contract.