SAMDaily.us | PRESOL | Q | NEW - Neuromonitoring Services FY19

SAMDAILY.US - ISSUE OF NOVEMBER 23, 2019 SAM #6568
SOLICITATION NOTICE

Q -- NEW - Neuromonitoring Services FY19

Notice Date: 11/21/2019 10:36:42 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 621399 — Offices of All Other Miscellaneous Health Practitioners
Contracting Office: 257-NETWORK CONTRACT OFFICE 17 (36C257) ARLINGTON TX 76006 USA
ZIP Code: 76006
Solicitation Number: 36C25720Q0044
Response Due: 12/10/2019 8:59:59 PM
Archive Date: 01/09/2020
Point of Contact: Robert Moffettrobert.moffett@va.gov
E-Mail Address: Robert.Moffett@va.gov
(Robert.Moffett@va.gov)
Awardee: null
Description: Page 30 of 30Combined Synopsis SolicitationRFQ 36C25720Q0044 Neuromonitoring Equipment and Technician Services North Texas Veterans Health Care System (VANTHCS)4500 South Lancaster Road Dallas, Texas 75216RFQ Issue Date: 11/21/2019Department of Veterans AffairsNCO17 North Texas Healthcare SystemNCO 17 Network Contracting Activity4500 S. Lancaster RoadDallas TX 75216PCS - Product Service Code: Q999NAICS - North American Industry Classification System Code: 621399RFQ - Request for Quotation: 36C25720Q0044RFQ Issue Date: 11/21/2019RFQ Closing Response Date: 12/10/2019Closing Response Time: 1:00 PM Hours Central TimeRFQ Point of ContactRobert MoffettEmail: Robert.moffett@va.govCombined Synopsis SolicitationThis 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.The solicitation number for this requirement which is being issued as an RFQ is: RFQ - Request for Quotation: 36C25720Q0044The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Regulation.This solicitation is Unrestricted. The associated NAICS for this solicitation is:NAICS - North American Industry Classification System Code: 621399Price Cost Schedule - Line Items:Table of ContentsB.1 CONTRACT ADMINISTRATION DATA 4B.2. SCHEDULE OF SUPPLIES/SERVICES 5B.3. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 9B.4. IT CONTRACT SECURITY VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY 9SECTION C - CONTRACT CLAUSES 15C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 15SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 21ATTACHMENT 1 PERFORMANCE WORK STATEMENT NEUROMONITORING SERVICES 21ATTACHMENT 2 - WAGE DETERMINATION 2015-5227 Rev. 7 21SECTION E SOLICITATION PROVISIONS 22SECTION B B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449, block 18A.)B.1.1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:B.1.1.1. CONTRACTOR: B.1.1.2. GOVERNMENT: Robert Moffett Department of Veterans Affairs Network Contracting Office (NCO17) 124 E. Hwy 67 Suite 100 Duncanville TX 75137B.1.2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:[X]52.232-33, Payment by Electronic Funds Transfer System for Award Management, or[ ]52.232-36, Payment by Third PartyB.1.3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly [] b. Semi-Annually [] c. Other [X] Monthly (in arrears)B.1.4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.B.1.5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:AMENDMENT NODATEB.2. SCHEDULE OF SUPPLIES/SERVICESUnder the authority of 38 USC 1703, the Contractor shall provide Scarce Medical Services, Neuromonitoring Services, for Veteran beneficiaries of the Department of Veterans Affairs (VA) North Texas Veterans Health Care System (VANTHCS) in accordance with terms and conditions of this contract. Services shall be performed at North Texas Veterans Health Care System (VANTHCS) located at the following address:North Texas Veterans Health Care System (VANTHCS)4500 S Lancaster Rd Dallas, TX 75216The contract effective period of performance shall be for a twelve (12) month base period and four (4) Twelve (12) Month Option Periods.NOTE: The price quoted shall be an all-inclusive Firm-Fixed Price (FFP) rate. Price Cost Schedule - Line Items:Base Year January 1st, 2020 December 31st, 2020Item NumberDescription of Supplies/ServicesQuantityUnitUnit PriceAmount0001Provide Neuro Monitoring Equipment/Technician Services to Include Intraoperative, Preoperative, Postoperative and Operating Room Neurophysiologic Monitoring Services by a Technical Monitor200Each0002Hourly Rate for Each Additional Hour of Surgery Beyond Initial 7 Hours7Each0003Late Scheduling Fee for Surgeries Scheduled After 3 P.M. of the Day Preceding Surgery7Each0004Cancellation Fee if Services are Cancelled After 5 P.M. of the Day Preceding Surgery and Before Surgery Time7Each0005Cancellation Fee if Services are Cancelled After the Boarded Surgery Time7EachTotal Base Year Amount $Option Year One (OY1) January 1st, 2021 December 31st, 2021Item NumberDescription of Supplies/ServicesQuantityUnitUnit PriceAmount1001Provide Neuro Monitoring Equipment/Technician Services to Include Intraoperative, Preoperative, Postoperative and Operating Room Neurophysiologic Monitoring Services by a Technical Monitor200Each1002Hourly Rate for Each Additional Hour of Surgery Beyond Initial 7 Hours7Each1003Late Scheduling Fee for Surgeries Scheduled After 3 P.M. of the Day Preceding Surgery7Each1004Cancellation Fee if Services are Cancelled After 5 P.M. of the Day Preceding Surgery and Before Surgery Time7Each1005Cancellation Fee if Services are Cancelled After the Boarded Surgery Time7EachTotal Option Year One Amount $Option Year Two (OY2) January 1st, 2022 December 31st, 2022Item NumberDescription of Supplies/ServicesQuantityUnitUnit PriceAmount2001Provide Neuro Monitoring Equipment/Technician Services to Include Intraoperative, Preoperative, Postoperative and Operating Room Neurophysiologic Monitoring Services by a Technical Monitor200Each2002Hourly Rate for Each Additional Hour of Surgery Beyond Initial 7 Hours7Each2003Late Scheduling Fee for Surgeries Scheduled After 3 P.M. of the Day Preceding Surgery7Each2004Cancellation Fee if Services are Cancelled After 5 P.M. of the Day Preceding Surgery and Before Surgery Time7Each2005Cancellation Fee if Services are Cancelled After the Boarded Surgery Time7EachTotal Option Year Two Amount $Option Year Three (OY3) January 1st, 2023 December 31st, 2023Item NumberDescription of Supplies/ServicesQuantityUnitUnit PriceAmount3001Provide Neuro Monitoring Equipment/Technician Services to Include Intraoperative, Preoperative, Postoperative and Operating Room Neurophysiologic Monitoring Services by a Technical Monitor200Each3002Hourly Rate for Each Additional Hour of Surgery Beyond Initial 7 Hours7Each3003Late Scheduling Fee for Surgeries Scheduled After 3 P.M. of the Day Preceding Surgery7Each3004Cancellation Fee if Services are Cancelled After 5 P.M. of the Day Preceding Surgery and Before Surgery Time7Each3005Cancellation Fee if Services are Cancelled After the Boarded Surgery Time7EachTotal Option Year Three Amount $Option Year Four (OY4) January 1st, 2024 December 31st, 2024Item NumberDescription of Supplies/ServicesQuantityUnitUnit PriceAmount4001Provide Neuro Monitoring Equipment/Technician Services to Include Intraoperative, Preoperative, Postoperative and Operating Room Neurophysiologic Monitoring Services by a Technical Monitor200Each4002Hourly Rate for Each Additional Hour of Surgery Beyond Initial 7 Hours7Each4003Late Scheduling Fee for Surgeries Scheduled After 3 P.M. of the Day Preceding Surgery7Each4004Cancellation Fee if Services are Cancelled After 5 P.M. of the Day Preceding Surgery and Before Surgery Time7Each4005Cancellation Fee if Services are Cancelled After the Boarded Surgery Time7EachTotal Option Year Four Amount $B.3. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK B.3.1 PERFORMANCE WORK STATEMENT: See Attachment One Performance Work Statement: Neuromonitoring ServicesB.4. IT CONTRACT SECURITY VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACYB.4.1. GENERAL: Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA directives and Handbooks.B.4.2. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS: B.4.2.1. All Contractor employees having or requiring access to the Department of Veterans Affairs' computer systems or to sensitive data (to include patient or beneficiary records), shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. B.4.2.2. The Contracting Officer will provide the appropriate number of Background Investigation packages to the Contractor for completion. The complete package must be submitted by the Contractor will all employee information within five (5) calendar days of receipt.B.4.2.3. Contractor staff shall not begin performance until notification is received from the Contracting Officer that the Security Package has been received and is considered a complete package. It is not necessary that the full investigation be complete prior to commencement of work. However, if the investigation is not completed prior to the start date of the contract, the Contractor shall be responsible for the actions of those individuals they provide to perform work for VA.B.4.2.3.1 Position Sensitivity - The position sensitivity has been designated as Low Risk.B.4.2.3.2 Background Investigation - The level of background investigation commensurate with the required level of access is Minimum Background Investigation. B.4.2.3.3. Contractor Responsibilities B.4.2.3.3.1. The Contractor shall bear the expense of obtaining background investigations. The VA is responsible for payment to the Security Investigations Center; however upon final payment, the VA will submit a Bill of Collections to the contractor. The Contractor is responsible for reimbursement to the VA within 30 calendar days. The current cost for a low risk background investigation is $231 per case.B.4.2.3.3.2. The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. B.4.2.3.3.3. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. B.4.2.3.4. Fingerprinting Requirements Contractor/subcontractor employees will be required to have fingerprints taken as part of the background Investigation process. The preferred method of obtaining fingerprints is to have them taken electronically at the Human Resources Service at a VA facility. If fingerprints cannot be obtained at a VA facility, the Contracting Officer will provide the Contractor with a Form FD258 fingerprint chart, which can be taken to any local police station for fingerprints. However, local entities may assess a fee for this service.B.4.3. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMSB.4.3.1.� 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.B.4.3.2.� 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.B.4.3.3.� The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.B.4.4. VA INFORMATION CUSTODIAL LANGUAGEB.4.4.1.� 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).B.4.4.2. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.B.4.4.3�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.B.4.4.4. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement. B.4.4.5. 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.B.4.4.6. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.B.4.4.7. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.B.4.5. SECURITY INCIDENT INVESTIGATIONB.4.5.1. 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.B.4.5.2. � 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.B.4.5.3. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.B.4.5.4. In instances of theft or break-in or other criminal activity, the contractor/ subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.B.4.6. LIQUIDATED DAMAGES FOR DATA BREACHB.4.6.1. 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. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.B.4.6.2. The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.B.4.6.3. Each risk analysis shall address all relevant information concerning the data breach, including the following:B.4.6.3.1. Nature of the event (loss, theft, unauthorized access);B.4.6.3.2. Description of the event, including:B.4.6.3.2.1. Date of occurrence;B.4.6.3.2.2. Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; B.4.6.3.2.3. Number of individuals affected or potentially affected;B.4.6.3.2.4. Names of individuals or groups affected or potentially affected;B.4.6.3.2.5. Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;B.4.6.3.2.6 Amount of time the data has been out of VA control;B.4.6.3.2.7. The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);B.4.6.3.2.8. Known misuses of data containing sensitive personal information, if any; B.4.6.3.2.9. Assessment of the potential harm to the affected individuals;B.4.6.3.2.10 Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; andB.4.6.3.2.11 Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.B.4.6.4. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:B.4.6.4.1. NotificationB.4.6.4.2. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;B.4.6.4.3. Data breach analysis;B.4.6.4.4. Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;B.4.6.4.5. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; andB.4.6.4.6. Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.B.4.7. SECURITY CONTROLS COMPLIANCE TESTINGOn a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.B.4.8. TRAININGB.4.8.1. 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:B.4.8.1.1. 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;B.4.8.1.2. Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security training;B.4.8.1.3. Successfully complete the VA Privacy and HIPPA (10203) training and annually complete required privacy training; andB.4.8.1.4. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]B.4.8.2. 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.B.4.8.3. 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.SECTION C - CONTRACT CLAUSESC.1 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): http://www.acquisition.gov/far/index.htmlhttp://www.va.gov/oal/library/vaar/C.2 FAR CLAUSES BY REFERENCE:52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)52.204-13 System for Award Management Maintenance (OCT 2018)52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2018)52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders Commercial Items52.224-1 Privacy Act Notification (APR 1984)52.224-2 Privacy Act (APR 1984)52.227-14 Rights in Data-General (MAY 2014)52.228-5 Insurance-Work on a Government Installation (JAN 1997)C.3 FAR CLAUSES BY 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(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 within 30 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 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 53 (months).(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):http://www.acquisition.gov/far/index.html (FAR) http://www.va.gov/oal/library/vaar/index.asp(VAAR)(End of Clause)852.203-70 Commercial Advertising (MAY 2008)The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor s products or services or considers the Contractor s products or services superior to other products or services.(End of clause)852.211-72 Technical Industry Standards (NOV 2018)(a) The Contractor shall conform to the standards established by: American College of Radiology (b)The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:American College of Radiology at info@acr.org(End of Clause)852.228-71 Indemnification and Insurance (MAR 2018)(a) Indemnification. The contractor expressly agrees to indemnify and save the Government, its officers, agents, servants, and employees harmless from and against any and all claims, loss, damage, injury, and liability, however caused, resulting from, arising out of, or in any way connected with the performance of work under this contract. Further, it is agreed that any negligence or alleged negligence of the Government, its officers, agents, servants, and employees, shall not be a bar to a claim for indemnification unless the act or omission of the Government, its officers, agents, servants, and employees is the sole, competent, and producing cause of such claims, loss, damage, injury, and liability. At the option of the Contractor, and subject to the approval by the Contracting Officer, insurance coverage may be employed as guaranty of indemnification.(b) Insurance. Satisfactory insurance coverage is a condition precedent to award of this contract. In general, a successful bidder must present satisfactory evidence of full compliance with State and local requirements, or those below stipulated, whichever are the greater. More specifically, workers compensation and employer s liability coverage will conform to applicable State law requirements for the service defined, whereas general liability and automobile liability of comprehensive type shall, in the absence of higher statutory minimums, be required in the amounts per vehicle used of not less than $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. State-approved sources of insurance coverage ordinarily will be deemed acceptable to the Department of Veterans Affairs, subject to timely certifications by such sources of the types and limits of the coverages afforded by the sources to the bidder. (End of clause)852.232-72 Electronic Submission of Payment Requests (NOV 2018)a) Definitions. As used in this clause (1) Contract financing payment has the meaning given in FAR 32.001;(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;(4) Invoice payment has the meaning given in FAR 32.001; and(5) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.(c) Data transmission. A Contractor must ensure that the data transmission method and format are through one of the following:(1) VA's Electronic Invoice Presentment and Payment System at the current website address provided in the contract.(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).(d) Invoice requirements. Invoices shall comply with FAR 32.905.(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for (1) Awards made to foreign vendors for work performed outside the United States;(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;(3) Contracts awarded by Contracting Officers in the conduct of emergency operations, such as responses to national emergencies;(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.(End of clause)852.237-7 Indemnification and Medical Liability Insurance (JAN 2008)(a) It is expressly agreed and understood that this is a non-personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor or its health- care providers are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided but retains no control over professional aspects of the services rendered, including by example, the Contractor s or its health-care providers professional medical judgment, diagnosis, or specific medical treatments. The Contractor and its health-care providers shall be liable for their liability-producing acts or omissions. The Contractor shall maintain or require all health-care providers performing under this contract to maintain, during the term of this contract, professional liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence $1,000,000.00. However, if the Contractor is an entity or a subdivision of a State that either provides for self- insurance or limits the liability or the amount of insurance purchased by State entities, then the insurance requirement of this contract shall be fulfilled by incorporating the provisions of the applicable State law.(b) An apparently successful offeror, upon request of the Contracting Officer, shall, prior to contract award, furnish evidence of the insurability of the offeror and/or of all health-care providers who will perform under this contract. The submission shall provide evidence of insurability concerning the medical liability insurance required by paragraph (a) of this clause or the provisions of State law as to self-insurance, or limitations on liability or insurance.(c) The Contractor shall, prior to commencement of services under the contract, provide to the Contracting Officer Certificates of Insurance or insurance policies evidencing the required insurance coverage and an endorsement stating that any cancellation or material change adversely affecting the Government s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. Certificates or policies shall be provided for the Contractor and/or each health-care provider who will perform under this contract.(d) The Contractor shall notify the Contracting Officer if it, or any of the health-care providers performing under this contract, change insurance providers during the performance period of this contract. The notification shall provide evidence that the Contractor and/or health-care providers will meet all the requirements of this clause, including those concerning liability insurance and endorsements. These requirements may be met either under the new policy, or a combination of old and new policies, if applicable.(e) The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts for health-care services under this contract. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraph (a) of this clause.(End of clause)852.246-71 Rejected Goods (OCT 2018)(a) Supplies and equipment. Rejected goods will be held subject to Contractor s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor's address at the Contractor s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.(End of clause)SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS ATTACHMENT 1 PERFORMANCE WORK STATEMENT NEUROMONITORING SERVICESATTACHMENT 2 - WAGE DETERMINATION 2015-5223 Rev. 16ATTACHMENT 3 QASP NEUROMONITORING SERVICESSECTION E SOLICITATION PROVISIONSE.1 FAR PROVISIONS BY REFERENCE52.204-7 System for Award Management (OCT 2018)52.204-16 Commercial and Government Entity Code Reporting (JUL 2016)52.209-7 Information Regarding Responsibility Matters (OCT 2018)52.212-1 Instruction to Offerors52.212-2 Evaluation Commercial52.217-5 Evaluation of Options (JUL 1990)52.233-2 Service of Protest (SEPT 2006)E.2 FAR PROVISIONS BY FULL TEXT52.212-1 INSTRUCTION TO OFFERORS COMMERCIAL ADDENDUM:SUBMISSION OF QUOTES. The vendor is responsible for ensuring that quotes are received in the Contracting Office no later than 10 December 2019 at 1:00 PM (1300 HRS) Central Time as indicated on page one (1) of this combined synopsis solicitation. Failure of vendor s quote to be received prior to the hour and date specified may result in rejection of the quote.Quotes shall be submitted electronically via e-mail to robert.moffett@va.gov .RFQ Number 36C25720Q0044 Neuromonitoring Equipment and Technician Services Combined Synopsis Solicitation Response must be clearly shown in the subject line.Question and Answer Period Ends: 11/25/20192) INSTRUCTIONS FOR THE PREPARATION OF QUOTES: The vendor shall submit the following as part of their quote:Information that demonstrates how their quoted service meets the requirements for the following factors:Factor 1: Capabilities Statement Neuromonitoring Equipment (3 Page Limit): Demonstration that company can meet or exceed those equipment requirements in the Performance Work StatementFactor 2: Capabilities Statement Equipment Set Up/Inspection (5 Page Limit): Demonstration that company can meet or exceed those service requirements in the Performance Work Statement Section B.3.4.4 Equipment Set Up/InspectionFactor 3: Capabilities Statement Contractor Provided Responsibilities (5 Page Limit): Demonstration that company can meet or exceed those service requirements in the Performance Work Statement Section B.3.4.2: Contractor Provided Responsibilities.Factor 4: Capabilities Statement Contractor Personnel/Qualifications/Experience Criteria (5 Page Limit): Demonstration that company can meet or exceed those service requirements in the Performance Work Statement Section B.3.4.3: Contractor Personnel/Qualifications/Experience Criteria.Quoted Firm-Fixed Price (FFP) for each Item Number located within Section (v) Price/Cost Schedule Line Items. Vendor must include the unit price and total amount for each line item. Completed Representations and Certifications: The following representations and certifications must be completed and returned as part of the vendor s quote3) SYSTEM FOR AWARD MANAGEMENT/WIDE AREA WORKFLOW: Contractors interested in doing business with the government must be registered in the System for Award Management (SAM) at https://www.sam.gov.The pricing proposal shall be submitted to:Contract Specialist: Robert MoffettEmail: robert.moffett@va.govMailed, Telegraphic or facsimile offers will not be accepted. (End of Clause)52.212-2 EVALUATION COMMERCIAL ADDENDUM: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:Factor 1: Capabilities Statement Neuromonitoring EquipmentFactor 2: Capabilities Statement Equipment Set Up/InspectionFactor 3: Capabilities Statement Contractor Provided ResponsibilitiesFactor 4: Capabilities Statement Contractor Personnel/Qualifications/Experience CriteriaThe Government shall utilize the Lowest Price Technically Acceptable (LPTA) method for determining Best Value for this requirement.Evaluation Standards: Each factor will be assigned a rating of Pass of Fail. In order to be considered technically acceptable, the proposal must be technically acceptable (Pass) at each factor. An un-acceptable rating (Fail) at any one factor makes the entire proposal un-acceptable.Factor 1: Capabilities Statement Neuromonitoring EquipmentEvaluation Criteria: The offeror must demonstrate within its Quote that it can provide neuromonitoring equipment to fulfill those service requirement as outlined in the Performance Work Statement.Acceptability Standard (Pass): Offeror s Quote Must Meet or Exceed those requirements found above.Factor 2: Capabilities Statement Equipment Set Up/InspectionEvaluation Criteria: The offeror must demonstrate within its Quote that it can meet or exceed equipment set up/inspection as stated in PWS section B.3.4.4 Equipment Set Up/InspectionUpon arrival at the VA the Contractor shall take all equipment to BioMed Service for preoperative electrical safety check.Equipment Set Up: All necessary preparation required to ready the Neuromonitoring Equipment for operation/service.Maintenance: The Contractor shall maintain equipment in accordance with manufacture s specifications. The Contractor shall provide written documentation of Preventive Maintenance Services (PMS)/Maintenance has been performed as required for verification by the COR or his/her designee for all scheduled services. Documentation shall describe the maintenance and repair service performed on the equipment in sufficient detail so as to be acceptable by field inspectors of the Joint Commission and other inspecting bodies. This shall include a list of all parts replaced, all service performed as well as a statement that the equipment is operating per manufacturer s specifications after repair. The service report will be signed by the Contractor s service technician, and by designated VANTHCS personnel.Acceptability Standard (Pass): Offeror s Quote Must Meet or Exceed those requirements found aboveFactor 3: Capabilities Statement Contractor Provided ResponsibilitiesEvaluation Criteria: The offeror must demonstrate within its Quote that it can meet or exceed the contractor provided responsibilities as stated in PWS section B.3.4.2: Contractor Provided Responsibilities.Provides 24/7 onsite case coverage and scheduling 365 days/year with fully credentialed Neurophysiologists available for onsite coverage before and during surgery, (up to 3 if required).Neuromonitoring teams accredited by ABRET, (American Board of Registration of Electroencephalographic and Evoked Potential Technologist).Oversight of neuromonitoring done by board certified Neurologists.Certificate of Neurophysiologic intraoperative monitoring (CNIM) 80% of techs or more.Intraoperative monitoring modalities needed include: SSEPS, TcMEP, S-EMG, T-EMG, spinal cord mapping including D-Waves, DNEPs, NMEPs, Cortical, motor, sensory, language mapping, white matter tract and brainstem nuclei mapping, brainstem auditory evoked responses, visual evoked potentials, cranial nerve monitoring, and intraoperative EEG.Meets joint commission clinical quality standards for intraoperative monitoring.Establish communication protocols with the surgical team to report monitoring activity.Accurately apply all recording and stimulating electrodes. Perform monitoring procedures and documentation according to established protocols.Identify monitored waveforms and any variation from baseline.Have an understanding of anesthetic techniques and physiologic changes that can affect the waveforms being monitored.Be competent in the operating of monitoring equipment, including troubleshooting and electrical safety.Interpret the intraoperative monitoring recording and make recommendations regarding action or consequence to the attending Neurosurgeon.The Neuromonitoring team will provide all resources required to ensure a smooth transition in accordance with the contract requirements.FPIS compliantQuality reports required for quality assurance needs to be JHACO certified.Have a diplomat of American Board of Neuromonitoring on the team.Provides a list of all active surgeons receiving payments in consulting arrangements, advisors, and board members.Provides a list of all clients served in the past 12 months to permit VANTHCS to contact any reference of our choosing.Acceptability Standard (Pass): Offeror s Quote Must Meet or Exceed those requirements found aboveFactor 4: Capabilities Statement Contractor Personnel/Qualifications/Experience CriteriaEvaluation Criteria: The offeror must demonstrate within its Quote that it can meet or exceed those Contractor Personnel/Qualifications/Experience Criteria as stated in PWS section B.3.4.3: Contractor Personnel/Qualifications/Experience Criteria. The Contractor s Technician(s) shall be certified to operate the required equipment. The Contractor shall be required to maintain following documentation for each Technician working under the contract. The Offeror shall provide the following documentation with their offer.Qualifications, Certifications, record of credentials and competenciesApplicable License(s), including number and expiration dateDocumentation of education and trainingAcceptability Standard (Pass): Offeror s Quote Must Meet or Exceed those requirements found aboveEvaluation of quotes will be conducted on a lowest-priced, technically acceptable basis. All quotes will be evaluated first on price. The lowest priced quote will be evaluated for technical acceptability on an acceptable/unacceptable basis. A technically acceptable quote is one that demonstrates that the quoted service meets or exceeds the minimum requirements as reflected above. Award will be made on an all or none basis to the lowest-priced technically acceptable vendor. If the lowest price quote evaluated is deemed technically acceptable then no other quotes shall be evaluated.Price. Offerors shall submit their Price using Section (v) Price/Cost Schedule Line Items of this RFQ Combined Synopsis Solicitation. The Government will evaluate the total price proposed in making the best value determination. The offeror's proposed price will be evaluated based on price analysis to ensure a fair and reasonable price in accordance with the Federal Acquisition regulation.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).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.The Government reserves the right to make award without discussion. (End of provision)852.209-70 Organizational Conflicts of Interest (JAN 2008)(a) It is in the best interest of the Government to avoid situations which might create an organizational conflict of interest or where the offeror s performance of work under the contract may provide the contractor with an unfair competitive advantage.� The term organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable to render impartial assistance or advice to the Government, or the person s objectivity in performing the contract work is or might be otherwise impaired, or the person has an unfair competitive advantage.(b) The offeror shall provide a statement with its offer which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided under this solicitation.� The offeror shall also provide statements with its offer containing the same information for any consultants and subcontractors identified in its proposal and which will provide services under the solicitation.� The offeror may also provide relevant facts that show how its organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest.(c) Based on this information and any other information solicited or obtained by the contracting officer, the contracting officer may determine that an organizational conflict of interest exists which would warrant disqualifying the contractor for award of the contract unless the organizational conflict of interest can be mitigated to the contracting officer's satisfaction by negotiating terms and conditions of the contract to that effect.� If the conflict of interest cannot be mitigated and if the contracting officer finds that it is in the best interest of the United States to award the contract, the contracting officer shall request a waiver in accordance with FAR 9.503 and 48 CFR 809.503.(d) Nondisclosure or misrepresentation of actual or potential organizational conflicts of interest at the time of the offer or arising as a result of a modification to the contract, may result in the termination of the contract at no expense to the Government.(End of Provision)852.233-70 Protest Content/Alternative Dispute Resolution (OCT 2018)(a) Any protest filed by an interested party shall (1) Include the name, address, fax number, and telephone number of the protester;(2) Identify the solicitation and/or contract number;(3) Include an original signed by the protester or the protester's representative and at least one copy;(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;(5) Specifically request a ruling of the individual upon whom the protest is served;(6) State the form of relief requested; and(7) Provide all information establishing the timeliness of the protest.(b) Failure to comply with the above may result in dismissal of the protest without further consideration.(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process.� If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision)852.233-71 Alternate Protest Procedure (OCT 2018)(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with:� Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420 or Email:� EDProtests@va.gov.(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.(End of Provision)852.270-1 Representatives of Contracting Officers (JAN 2008)The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract.� Such designation will be in writing and will define the scope and limitation of the designee s authority.� A copy of the designation shall be furnished to the contractor.(End of Provision)852.273-74 Award Without Exchanges (JAN 2003)The Government intends to evaluate proposals and award a contract without exchanges with offerors.� Therefore, each initial offer should contain the offeror s best terms from a cost or price and technical standpoint.� However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary.(End of provision)End of DocumentSee attached document: PWS Neuromonitoring Equipment and Technician Services.See attached document: WD 2015 2523 Rev. 16See attached document: QASP Neuromonitoring Equipment and Technician Services.
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