SPECIAL NOTICE
65 -- Brand Name requirement - Notice of Intent to Sole Source Eyecon Model 9430 This is not a request for quote
- Notice Date
- 8/9/2021 11:50:50 AM
- Notice Type
- Special Notice
- NAICS
- 339112
— Surgical and Medical Instrument Manufacturing
- Contracting Office
- 244-NETWORK CONTRACT OFFICE 4 (36C244) PITTSBURGH PA 15215 USA
- ZIP Code
- 15215
- Solicitation Number
- 36C24421Q1104
- Archive Date
- 08/19/2021
- Point of Contact
- LaShawn Knight, Contract Specialist, Phone: 240-215-8892 ext. 2199
- E-Mail Address
-
lashawn.knight@va.gov
(lashawn.knight@va.gov)
- Awardee
- null
- Description
- Page 2 of 2 NOTICE OF INTENT TO SOLE SOURCE Eyecon Model 9430 The Wilmington VA Medical Center, 1601 Kirkwood Highway, Wilmington, DE 19805 has a requirement for brand name Eyecon Model 9430. The equipment is required by the medical center and must be able to integrate to work with SP Central Workflow, SP Central Pharmacy Management, and SP Robotic Systems (ScriptPro). They Eyecon uses a Visual Counting System to count filled prescriptions, verify prescription double counts and stock bottle back counts, and facilitate physical inventory counts. This notice is being posted so that any unknown vendors who are capable of providing this item may come forward and express their interest and capability in providing the Eyecon Model 9430 machine to the VA. If your company/organization is capable of providing the required item, please provide your entities capability statement to LaShawn Knight or Andrew Taylor, Contracting Officer by 15:00. Wednesday, August 11, 2021 via email to lashawn.knight@va.gov and andrew.taylor3@va.gov . In addition to your capability statement please also provide any applicable distribution agreements regarding Eyecon Model 9430, the size and socioeconomic status of your company, and any other information pertinent to this requirement. Reference Procurement ID number 36C24421Q1104 in the subject of the email. Item # Description Qty 0001 Eyecon Model 9430 3 0002 Smart Card Scanner 14 0003 Standard Interface Eyecon 1 0004 Eyecon Interface controller 4 0005 Full Disk Encryption 2 0006 Robot Upgrade: Windows 10 OS and 15 Computer 2 0007 Client Upgrade: Windows 10 OS and 15 Computer 3 0008 Client Upgrade: Windows 10 for SP Datapoint 11 ***This is not a request for quote, no quotes should be sent in response to this notice. VA Medical Center, Wilmington DE STATEMENT OF WORK EYECON Pill Counting Machines and Windows 10 Operating System Upgrade DESCRIPTION OF SERVICE: BACKGROUND: The Wilmington VA Medical Center (VAMC) provides care in the outpatient and inpatient setting that frequently receives and processes prescriptions through currently installed and supported Script Pro servers, robotics, and workstations. OBJECTIVE: To purchase from Script Pro three Eyecons, the Eyecon standard interface, and the Eyecon interface controller to facilitate accurate counting of the controlled substance medications. Further, to improve the functionality of the two Script Pro Robots, all work-stations (kiosks) and robots will be upgraded to Windows 10 operating system. Combining the two will eliminate repeated disruption of services and would enable pharmacy to have on-site technical support from Script Pro. SCOPE OF WORK: Script Pro to provide factory configuration, factory testing, shipping and handling and remote installation and support. Onsite and/or remote technical support to install, configure, test, and calibrate the equipment until production ready as well as perform training of staff. TERM OF CONTRACT AND PRICING: The VA anticipates the award of a single contract on a firm, fixed-price. This contract is effective for one year from date of contract award. HOURS OF OPERATION: Applicable items will be supported 24 hours a day, 7 days a week provided a support contract is in place. IMAGE AND DATA TRANSMISSION SECURITY: System Connectivity. The contractor shall provide and maintain the means for enabling and maintaining system connectivity. All required/supporting documentation including, but not limited to Memorandum of Understanding and Interconnected Security Agreement shall be completed with appropriate signatures and shall be updated as changes occur. The contractor shall maintain external communication systems required for secure, VA-compliant image and data delivery to its pharmacists and shall configure, install and maintain the purchased software. Routine preventative maintenance inspections shall be the responsibility of the contractor. The contractor shall expeditiously provide all requested information to Wilmington VAMC s Information Security Officers (ISO), Chief Information Manager and the COR before the contractor is able to provide service. The contractor shall comply with all VA information security requirements including initial and annual security awareness training, background checks and using equipment that meets VA security standards. The contractor shall conform to all Rules of Behavior set forth by the Office of Cyber & Information Security (OCIS). In order to have remove access, contractor shall apply for and install the One-VA VPN. The contractor shall apply for network access and sign Rules of Behavior/Security Agreement. Note: Microsoft Windows (currently edition) is the Government s operating system. No cost for modification/upgrades of equipment, additional equipment or software that may be required shall be incurred by the VA. VA shall provide VPN access to the contractor s location, if necessary. Wilmington VAMC shall provide a firewall and antivirus software (for VA protection only) to the connection if needed. If a firewall or antivirus software is needed for the contractor side, they will be the responsibility of the contractor. The contractor shall provide e-mail address and a telephone number(s) and contract person(s) to be used by Wilmington VAMC for inquiries and problem solving at all times via 24-hour, 7-day/week number. The contractor shall provide the names and telephone numbers of the technical directors available for consultation. The listing shall be updated and available at all times to Wilmington VAMC. The contractor shall secure and maintain the communications link between the contractor s facility and the VA facilities at the contractor s expense. Due to the confidential nature of the patient information, services that are completed within the contractor s office or home facilities (if the contractor provides services from the home) shall employ a security system adequate to maintain confidentiality. The connectivity/functionality should be approved and verified by the VA prior to acceptance. The contractor shall be responsible for any costs associated with connectivity to a VA System, to include configuring the system for connectivity to the VA and/or any costs incurred on the contractor s side. SECURITY REQUIREMENTS FOR CONTRACTOR EMPLOYEES: The contractor(s) shall insure the confidentiality of all patient and employee information and shall be held liable in the event of breach of confidentiality according to federal regulations contained in HIPPA. Any person who knowingly or willingly discloses confidential information from the VA Medical Centers may be subject to fines of up to $50,000 and may be subjected to civil litigation from the patient(s). The contractor shall be compliant with VA Handbook 6500, Information Security Program. The contractor shall maintain a drug-free work place in accordance with Federal regulations. The contractor shall establish and maintain a drug-free workplace program. The administration of this program as well as the establishment of commensurate disciplinary action will be the responsibility of the contractor. All costs associated with obtaining clearances for contractor(s) provided personnel shall be the responsibility of the contractor(s). Further, the contractor(s) shall b responsibly for the actions of those individuals they provide to perform work for the VA under this contract. In the event that damages arise from work performed by the contractor(s) provided personnel, under the auspices of this contract, the contractor(s) shall be responsible for all resources necessary to remedy the incident. INFORMATION MANAGEMENT: System of Records: The Veterans Affairs system(s) of records to which the contractor(s) personnel will have access in order to maintain is Patient Medical Records VA (24VA136). System Security: The contractor(s) shall provide VA with the full assurance that security measures have been implemented which are consistent with OMB Circular A-130 and VA Departmental Standards. Confidentiality of Patient Records: The contractor is a VA contractor and will assist in the provision of health care to patients seeking such care for or through the VA. As such, the contractor is considered part of the Department of Health Care Activity. The contractor is considered to be a VA contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, the contractor is considered to be a VA contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, the contractor may have access, as would other appropriate components of VA, to patient medical records, including patient treatment records pertaining to drug and alcohol abuse, HIV and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the contract, the contractor is restricted from making a disclosure of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA. The records referred to above shall be, and remain, the property of the VA and shall not be removed or transferred from VA except in accordance with U.S.C. 551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of Claimants Records), 5 U.S.C. 552 (FOIA), 38 U.S.C 5705 (Confidentiality of Medical Quality Assurance Records), 38 U.S.C. 7332 (confidentiality of Certain Medical Records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over contractor, may have access to the VA s records, at the VA s place of business on request during normal business hours, to inspect and review and make copies of such records. In addition, the following policies and laws are applicable under this contract: Computer Security Act of 1987, PL 100-235 Privacy Act of 1974, 5 U.S.C. 552a Healthcare Insurance Portability and Accountability Act of 1996 (HIPPA) Fraud and Related Activity in Connection with Access Devices and Computers, 18 U.S.C. 1029- 1030 Electronic Communications Privacy Act of 1986, PL 99-508 U.S.C. 3301, Confidential Nature of Claims U.S.C. 3305, Confidentiality of Medical Quality Assurance Records U. S. C 4132, Confidentiality of Certain Medical Records 8.4 The contractor shall comply with Wilmington VAMC computer and end user security requirements: Access only data for which the contractor has authorized privileges. Maintain confidentiality of sensitive data or information. Protect any assigned user ID s, passwords, electronic signatures and other access keys from disclosure. Secure sensitive printed information in approved storage containers when not in use. Practice good housekeeping with equipment and work areas. Log off systems before leaving a computer unattended. Refrain from the illegal reproduction or use of copyrighted and licensed software. Utilize the data only to the need necessary to perform the requirements of this contract. The contractor understands and agrees that the medical records of a patient and radiology reports generated are strictly confidential. Each person assigned to this contract shall be required to sign a confidentiality statement. Each person allowed access to the VistA system shall sign an Automated Information Security Agreement annually. Health Insurance Portability and Accountability (HIPAA). In accordance with 45 CFR 164.5029e), the Privacy Rule includes exception to the Business Associate Agreement in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a Business Associate Agreement is not required for this contract. The contractor shall maintain an Errors and Omissions liability insurance policy which insures against a negligent act, error or omission and the oral or written publication of material that violated a person s rights of privacy. The contractor shall also maintain a commercial general liability policy. Evidence of coverage shall be provided to the VA credentialing department upon request. In accordance with the Health Insurance Portability and Accountability Act (HIPAA) and the Balanced Budget Act (BBA) of 1977, the Office of Inspector General (OIG) has established a list of parties and entities excluded from federal health care programs. Specifically, the listed parties and entities on the OIG List of Excluded Individuals/Entities may not receive federal health care program payments due to fraud and/or abuse of the Medicare and Medicaid programs. Therefore, all offerors shall review the OIG List of Excluded Individuals/Entities on the OIG web site at www.hhs.gov/oig to ensure that the proposed candidate(s) and/or firm(s) are not listed. Offerors should note that any excluded individual or entity that submits a claim for reimbursement to a federal health care program, or causes such a claim to be submitted, may be subject to a civil monetary penalty (CMP) of $10,000 for each item or service furnished during a period that the person or entity was excluded an may also be subject to treble damages for the amount claimed for each item or service. CMP s may also be imposed against health care providers and entities that employ or enter into contracts with excluded individuals or entities to provide items or service to federal program beneficiaries. By signing the offer/bid, the contractor certifies that he/she has reviewed the OIG List of Excluded Individuals/Entities and that the proposed candidate(s) and/or firm are not listed as of the date the offer/bid was signed. MAINTENANCE AND TECHNICAL SUPPORT: Provide maintenance on applicable items covered under this contract for a monthly support cost. Contractor shall make provisions for the proper maintenance and functioning of associated items as may reasonably be required by pharmacists to perform services hereunder. Provide after-hours support for problems with call back periods not to exceed 30 minutes from the placement a call for assistance. UPTIME: Provide a system that maintains at least a 99% uptime performance rate. Downtime shall not exceed 2 hours in any 8-hour period and 4 hours in any 16-hour period without making the VA whole by receipt of a refund for the service not provided during the downtime. VA personnel shall be notified immediately of any equipment malfunction that would hinder the transmission of images or other data. In the event of a system failure, contractor shall work cooperatively with the VA facility to remedy the situation as quickly as possible. The contractor may contact the WILMINGTON VAMC s CIO during normal business hours at 610-384-7711 x 4555 or the AOD at 610-384-7711 x5060 OR 4290 on evenings/holidays/weekends. PLANNING AND INSTALLATION: Contractor shall develop a project implementation strategy with Wilmington VAMC to include the preparation of buildings, establishing telecommunications etc. if necessary The service provider shall be required to utilize a point-to-point VPN between themselves and Wilmington VAMC if necessary to dial into the system for diagnostic or upgrade purposes. All security requirements need to be met. Contractor shall provide a system that maintains a minimum of 99% up time performance rate. Failure to provide this shall result in a deduction on the contract by 1/30th for each day down and possibly contract termination. Contractor shall provide hardware necessary to connect remotely to Wilmington VAMC to be utilized at the contractor site. Contractor shall provide facsimile, telephone, computer/laptops, networking and other telecommunication equipment to be utilized at the contractor facility. Contractor shall provide al supplies, services, maintenance, repairs and upgrades required at contractor facility to provide services as described above. Contractor s equipment, hardware, software and supplies shall be compatible with the VA s software and hardware used during performance of this contract, including critical patches and antivirus updates. Contractor shall provide proof of installation of critical patches and/or antivirus updates to the VA upon request. Contractor s network and security system shall be compatible with the VA s network and security system. Contractor shall use any VA furnished items in conjunction with, and exclusively for, performance under this contract. GUIDELINES: Contractor shall perform the functions required under this contract in accordance with the rules of medical ethics, federal, state and local laws, rules and regulations, Joint Commission, and American College of Pharmacy for communication and pharmaceutical and pharmaceutical services. The contractor shall not participate nor be party to any activities which are in conflict with federal and/or state guidelines. In the event the contractor encounters said conflicting situations, the contractor shall notify the COR or Contracting Officer in writing to resolve such issues. The contracting Officer will document and be responsible for resolution of any such situations. Neither the VA nor the contractor will be responsible for any delays or failures to perform due to causes beyond each party s control. The VA and the contractor may, upon mutual consent, modify the timing and schedule of services. TERMINATION: If this contract is terminated for any reason, the contractor shall provide VA with all individually identifiable VA patient treatment records or other information in its possession, as well as any copies made within seven (7) calendar days of the termination of this contract. Upon completion or termination of the contract, VPN software shall be removed from the contractor s equipment and returned to the VA. Any network accounts shall be disabled. GENERAL INFORMATION: SERVICES: The services specified in the section entitled Schedule of Services and Statement of work may be changed by written modification to this contract. The modification will be prepared by the VA Contracting Officer, and prior to becoming effective, shall be approved by the VA Under Secretary for Health and his/her designee. The services to be performed by the contractor shall be performed in accordance with VA policies and procedures and the regulations of the medical staff by-laws of the VA facility (copy available upon request). The services performed by the contractor shall be under the direction of the Chief of Staff and the Chief, Pharmacy Service at WILMINGTON VAMC. The contractor shall provide all services specified in this contract for any person deemed eligible by the Chief, Pharmacy Service, or his/her designee, regardless of the race, color, religion, sex or national origin of the person for whom such services are ordered. RESPONSIBILITY OF THE CONTRACTOR: The contractor shall obtain authorization from the Contracting Officer for any services required outside the scope of work provided herein prior to performing such services. QUALIFICATIONS: The contractor shall be responsible to ensure that contractor personnel providing work on this contract are fully trained and completely competent to perform the required work. Prospective providers shall present appropriate credentialing information including, but not limited to , the following: Be citizens of the United States General liability VA may request personnel records of any employee providing services under this contract for competency review. The VA reserves the right to request copies of current certifications and/or licenses at any time during review. The VA reserves the right to request copies of current certifications and/or licenses at any time during the duration of the contract. PERSONNEL POLICY: General: The contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract in accordance with the personnel policy of the contractor. To carry out this responsibility, the contractor shall provide the following for the personnel: worker s compensation, professional liability insurance (professional liability insurance will cover pharmacy services in all states in which services are provided), health examinations, income tax withholding, and social security payments. Government Agrees that ScriptPro Personnel and the equipment and Software in no way assume the professional duties and responsibilities of pharmacy personnel in the operation of Government s Pharmacy. Government further agrees that it is the responsibility of qualified professionals to inspect prescriptions and to make the decision to use the Equipment and/or Software to dispense medications and provide healthcare services to patients. The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose. In accordance with FAR clause 28.307-2, the following applies: The contractor is required to comply with applicable federal and state workers compensation and occupational disease states. PAYMENTS: The contractor shall provide the WILMINGTON VAMC an invoice upon completion of items or services provided for under this contract. Included on the invoice shall be the company name, tax ID number, contract number, funding obligation number (purchase order number), description of services and equipment period of services, amount and remit to address. Billings rendered by the contractor to WILMINGTON VAMC for services furnished under the terms of this contract shall be billings in full. Neither the beneficiary, the insurer, nor any other third party shall be billed. Payment will be made upon written certification of that the contracted services have been performed. Invoices for payment may be rejected if all information required by FAR Clause 52,212-4(g) is not included. PROCEDURES FOR ACCESS: Access requirements to VA information systems by contractors and contractor personnel shall meet or exceed those requirements established for personnel as described in VHA Directives. A written and signed request for user access by VHA management, or designee(s), constitutes management approval (sponsorship) to initiate a request for access to any sensitive automated information system. Access shall be granted to non-VA users only if the purpose for access meets criteria of the Privacy Act and VA Confidentiality Regulations and Transfer. Contractor s personnel shall be required to sign before starting work under this contract and abide by the VA computer Access Security Agreement and Confidentiality Agreement. In the performance of the official duties, the contractor s personnel have regular access to printed and electronic files containing sensitive information, which must be protected under the provisions of the Privacy Act of 1974, and other applicable laws and regulations. The employee is responsible for (1) protecting that information from unauthorized release or from loss, alteration or unauthorized deletion and (2) following applicable regulations and instructions regarding access to computerized files release of access coded, etc, as set out in computer access agreement which the employee signs. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITITION: Contractor shall assign to this contract key personnel to perform services. STANDARDS COMPLIANCE: The contractor shall continuously meet or exceed all VA directives and standards.\ CONTINUUM OF CARE: The contractor shall be responsible for coordinating evaluation, consultation and management with the WILMINGTON VAMC Chief, Pharmacy Service or other VA personnel. The contractor shall not restrict verbal, written or electronic communication between any VA/VISN staff and contracted staff. ENVIRONMENT OF CARE: The contractor shall maintain a safe environment at all times, and follow all safety and emergency preparedness policies in accordance with VA and Federal requirements. Compliance with all safety management requirements will be continually demonstrated. RECORD KEEPING: The Wilmington VAMC Chief, Pharmacy Service shall be establish and maintain a record keeping system that will record the services performed by the contractor. CONTRACT ADMINISTRATION DATA: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract. In the event the contractor effects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof. After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to: Meghan Franklin Wilmington VA Medical Center 1601, Kirkwood Highway, Wilmington DE 19805
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