PRESOL | 65 | ANNUAL MAINT. CONTRACT FOR EXCIMER LASER SN 3631

FBO DAILY ISSUE OF AUGUST 19, 2004 FBO #0997
SOLICITATION NOTICE

65 -- ANNUAL MAINT. CONTRACT FOR EXCIMER LASER SN 3631

Notice Date: 8/17/2004
Notice Type: Solicitation Notice
NAICS: 622110 — General Medical and Surgical Hospitals
Contracting Office: Department of the Navy, Bureau of Medicine and Surgery, NMC Portsmouth, 54 Lewis Minor St, Portsmouth, VA, 23708-2297
ZIP Code: 23708-2297
Solicitation Number: N00183-04-T-0137
Response Due: 8/23/2004
Archive Date: 9/7/2004
Point of Contact: Andres Medina, Contract Specialist, Phone 757-953-5436, Fax 757-953-5739,
E-Mail Address: amedina@mar.med.navy.mil
Small Business Set-Aside: Total Small Business
Description: Section A - Solicitation/Contract Form CLAUSES INCORPORATED BY FULL TEXT Fill in Blanks: TIN: ________________ CAGE: ________________ DUNS: __________________ Vendor Point of Contact: ______________________Phone: ____________________ Vendor email: ______________________ Payment in Arrears NAPS 5232.903 PROMPT PAYMENT For Prompt Payment Act Purposes, this contract is: Subject to the 7-calendar day constructive acceptance period. AVAILABILITY OF FUNDS. Pursuant to Section I, Availability of Funds (FAR 52.232-18), of the contract, funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing to the Contracting Officer. Pursuant to FAR 52.232-18, the Contracting Officer will provide confirmation of availability of funds at http://www.nmlc.med.navy.mil/acquisitions/services.htm Section B - Supplies or Services and Prices ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 12 Months Annual Maintenance ContractFFPLaser, Excimer Model# STAR S2, PA# 001830089C, Serial# 3631, Location: 2/261134MILSTRIP: N0018305RQ68003PURCHASE REQUEST NUMBER: N0018305RQ68003 NET AMT FOB: Destination ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 12 Months Annual Maintenance ContractFFPWavesScan WaveFront System Model# WS1, PA# 00183930957, Serial# 70221, Location: 215/6.1-129MILSTRIP: N0018305RQ68003PURCHASE REQUEST NUMBER: N0018305RQ68003 NET AMT FOB: Destination ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 12 Months Annual Maintenance ContractFFPComputer Model# WS1, PA# 0018393015, Serial# A70221, Location: 215/6.1-137MILSTRIP: N0018305RQ68003PURCHASE REQUEST NUMBER: N0018305RQ68003 NET AMT FOB: Destination ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 12 Months Annual Maintenance ContractFFPSlip Lamp Model# WS1, PA# 0018393017, Serial# 1090, Location: 215/6.1-137MILSTRIP: N0018305RQ68003PURCHASE REQUEST NUMBER: N0018305RQ68003 NET AMT FOB: Destination Section C - Descriptions and Specifications CLAUSES INCORPORATED BY FULL TEXT DESCRIPTION/SPECIFICATION/WORK STATEMENT Statement of work This contract shall provide for maintenance services which include on-site corrective repairs, normal working hour coverage (8:00 A.M. to 4:30 P.M. Monday through Friday excluding Federal holidays) or 24-hour emergency service and routine preventive maintenance services to Department of Defense owned equipment, as listed on the: DD Form 1155 ?Order for Supplies or Services?. It shall include all systems, subsystem components, and assemblies that were part of the original system purchased. All maintenance provisions shall apply to hardware, firmware, and software, as appropriate, unless otherwise stated. 1. General a. The Contractor shall comply with Federal, State, Local laws, and Federal Regulations as applicable to the performance of this contract. b. The Contractor shall not accept any instructions issued by any person employed by the U. S. Government, other than: the Contracting Officer (KO), or Biomedical Engineering Division (BME), all acting within the limits of their authority. 2. Scope of Work a. The Contractor shall provide trained, experienced, English speaking personnel, labor, tools, diagnostic equipment, software, test phantoms, material, supplies, transportation, parts and equipment necessary to perform Preventive Maintenance (PM), Calibration (CAL), Safety testing (ST) and corrective maintenance. b. The Contractor shall provide telephonic communications with the Government to discuss technical matters relating to the performance of this contract. A systems operator will be made available to answer technical questions regarding system operations and applications. c. Equipment listed in this contract will be maintained to meet the original equipment manufacturer?s (OEM?s) specifications. d. Equipment and associated components shall be serviced as listed on: DD Form 1155, ?Order for Supplies or Services?. e. The Contractor Point of Contact (POC). The Contractor shall provide in writing the name and telephone number of a primary and alternate English speaking individual to act as their representative for the scheduling and coordination of service calls, and to be responsible for the coordination of the contract with the Government. Visx Customer Service Support Department 1-800-246-8479 3. Government furnished property, Materials and Services. a. The Contractor representative(s) at each site may request a pre-maintenance inspection prior to the onset of the contract. Any equipment found to be inoperable during this pre-maintenance inspection would be repaired using a separate purchase order. The government certifies that the equipment to be maintained under this contract will be in good operating condition on the effective date of this contract. For the purpose of this contract, the clause, ?good operating condition? means the conditions necessary for the equipment to function as intended without corrective maintenance. The Contractor agrees to leave the equipment in good operating condition at the expiration of this contract. During the final week of this contract, the Government will make final inspection of the equipment. Any correction of deficiencies noted during this inspection shall be resolved prior to contract end. b. The government will be responsible for maintaining the proper environment, including utilities and site requirements necessary for the system to function properly as specified by the OEM. c. The Government will operate the system in accordance with the instruction manual provided by the OEM. d. The Government will not be responsible for the damage or loss due to fire, theft, accident, or other disaster of Contractor supplies, materials, or for the personal belongings brought onto Government property by Contractor?s personnel. 4. Contractor Furnished Property and Material. a. The Contractor shall provide all service literature, reference publications, laptop computers and diagnostic software to be used by the contractor service technicians and as required for the completion of the services in accordance with this contract. 5. Replacement Parts. a. The Contractor shall have ready access to unique and/or high mortality replacement parts. All parts supplied shall be compatible with the existing system. b. The Contractor shall at their expense, replace all worn or defective parts necessary to restore the equipment to 100% operational condition as specified by the OEM. c. Contractor installed replacement parts shall become the property of the Government and the replaced malfunctioning part shall become the property of the Contractor. d. Freight, postage, and storage charges associated with shipment and receipt of replacement parts, and the return of parts shall be the responsibility of the Contractor. e. The Contractor shall use only new or warranted replacement parts where the quality is equal to or better than the OEM?s original part. When discrepancies occur, the Government will make the final determination on whether a replacement part is of equal or better quality. f. The Contractor must include software revisions and upgrades (field service changes) which are required due to FDA or manufacturer announced safety-hazard recall, to include FDA Year 2000 Compliance Directive, as part of the contract at no additional cost to the Government. g. Remedy: Exclusion of warranties ? Reference ?Rider A? Rider ?A?: Remedy; exclusion of warrenties: If any replacement parts are found to be defective within ninety (90) day warrenty period and before termination of this contract due to defective materials and/or workmanship, the Contractor will, at its option, repair or replace the defective parts without charge. THE EXPRESS WARRENTY ABOVE IS THE SOLE REMEDY FOR ANY BREACH OF ANY WARRENTY WITH RESPECT TO THIS CONTRACT AND IS IN LIEU OF ANY AND ALL OTHER REMEDIES. EXCEPT FOR THE EXPRESS WARRENTY PROVIDED ABOVE AND THE CONTRACTOR EXPRESSLY DISCLAIMS THE IMPLIED WARRENTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CONTRACTOR SHALL NOT BE LIABLE TO THE GOVERNMENT OR ANY THIRD PARTY FOR INJURY OR DAMAGE TO ANY PERSON OR PROPERTY. NOR SHALL THE CONTRACTOR HAVE ANY LIABILITY FOR ANY INCIDENT, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE , LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY OR OTHER FINANCIAL LOSS ARISING OUT OF OR ON CONNECTION WITH THE SALE, INSTALLATION, SERVICE, PERFORMANCE, FAILURE, USE OR INTERRUPTED USE OF ITS PRODUCTS, OR THE UNAUTHORIZED USE OF THE PRODUCTS. Specific Tasks. 6. Contractor Report Requirements. a. During normal duty hours, Contracted Field Service Engineer (FSE) personnel shall check-in with the Biomedical Engineering Division upon arrival at the Government site and again prior to departure. The Contractor FSEs shall personally notify Biomedical Engineering (BME) of problems that result in the equipment being left disabled upon their departure. After normal duty hours, Contractor FSEs shall notify the Officer of the Day Desk (Bldg 2, 2nd Floor) and the systems operator designated by (BME). b. The Contractor shall provide to (BME) a full service report within two (2) days after completion of all service performed. The service report shall include, but not be limited to: contract number, contractor?s log number, detailed description of the service(s) performed, replacement part(s) information (part number, part value, nomenclature, unit price, manufacturer, if not OEM, and whether the part is new/used/reconditioned), the completion date and time, man-hours expended and the hourly rate normally charged for the type of service performed, model and serial numbers, and the name of the FSE performing the service. 7. Contractor Responsibility. a. The Contractor shall be responsible for the repair/replacement of Government owned equipment and property damaged directly and soley due to the negligence of the Contractor or his representatives. All such replacement or repair shall be at the Contractor?s expense and shall be inspected to the satisfaction of the KO or appointed representative. 8. Preventive Maintenance Services. a. In accordance with Naval Medical Logistics Command (NAVMEDLOGCOM) Risk Assessment Criteria, preventive maintenance shall be performed two (2) times per year. b. The Government shall select the months in which preventive maintenance services are to be performed. The preventive maintenance visits shall be performed during the following months: November 2003 and May 2004 (The Government Fiscal Year runs: October through September). The Contractor shall schedule and complete preventive maintenance services prior to the 15th of the selected month. c. All test equipment used in the performance of this contract will be within calibration shall be in compliance with Joint Commission on Accreditation of Healthcare Organization (JCAHO), Original Equipment Manufacturer (OEM) and Federal Drug Administration (FDA) standards. 9. Corrective Maintenance a. Normal Working Hour Maintenance Coverage Maintenance Coverage will be Monday through Friday, between 8:00 A.M. to 4:30 P.M. The contractor shall respond via telephone within 2 hours after receipt of trouble call, and will use its best efferts to provide on-site service within 24 hours. The contractor will use its best efforts to cause the equipment to be operational within 48 hours after onsite service. The Government reserves the right to deduct from the Contractor?s payment an amount per hour equal to the number of hours the Contractor fails to respond, as specified in the contract. Emergency service outside the normal working hours by the Government site shall be billable to the Government at published commercial rates, and negotiated prior to services rendered. See ?Rider C? for definition of ?Best Efforts?. Rider ?C?: For the purpose of this contract, the term ?Best efforts? shall mean that the Contractor will provide the specified services within the relevant time period stated unless the Contractor is delayed in connection with the governmental order, strikes, floods, fires, earthquakes, and other causes beyond the Contractor?s reasonable control, including inability to obtain labor or materials, production delays, and employee and tranportation availability. b. Government request for corrective maintenance will be placed by (BME), to the Contractor?s POC. Corrective Maintenance shall be completed during the hours specified in the contract. c. The Contractor shall assign a unique Log/Reference Number to each Government request for corrective Maintenance. d. Contractor?s response to requests for service may include telephone consultation with the equipment user/operator and a Contractor FSE. Telephone consultation shall: 1) provide instruction in determining operator error; 2) to determine the most likely cause of the problem; 3) to determine if resolution of the problem requires the dispatch of a FSE; and 4) to identify replacement parts likely to be required in order to return the equipment to 100% operational condition as specified by the OEM. e. Each level of service shall include all parts to be furnished by the Contractor at No cost to the Government, unless otherwise indicated. Any/all exclusions are listed as follows: Reference ?Rider B?, Exclusion of Maintenance Service Rider ?B?: EXCLUSIONS FROM MAINTENANCE SERVICE: The Contractor shall have no obligation to provide maintenance services or replacement parts for the equipment in connection with: (a) Repair, replacement or maintenance arising from (1) any acts of neglence of the Government?s employees, agents or invitees or any third party not under the control of the contractor, (ii) attempts to repair or services the equipment madeby persons other than authorized contractor personnel, (iii) use of special attachments or devices not provided by the contractor in connection with equipment , (iv) tamperingin any way with the VisionKey Card or the card reading mechanism, or, (v) misuse of the equipment including, without limitation, use of the equipment including, without limitation, useof equipment for any application or functionfor which is not disigned; (b) Repairs or maintenance of accessoriesattachments, supplies, machines or other devices not furnishd by the contractor, or of electrical work external to the equipment; (c) Maintenance required by damage to the equipment resulting from transportation by the Government, or cause (other than ordinary use) within the reasonable control of the Government; (d) Repair, replacement or maintenance arising from damage to or destruction of equipment as a result of or caused by fire or explosion of any origin, riot, civil commotion, aircraft, war, or any Act of God, including but not limited to lightening, windstorm, hail, flood, or earthquake; or (e) an unauthorized move of equipment by persons other than contractor personnel. The Government shall, before the equipment is serviced , back-up, remove, protect, and restore, as applicable programs, data, and removable storage media contained in the equipment. THE CONTRACTOR DISCLAIMS ALL LIABILITY WITH RESPECTS TO DATA CONTAINED IN THE EQUIPMENT OR IN ANY PRODUCT RETURNED TO IT FOR REPAIR. f. The Contractor shall have his/her own service manuals, specifications, schematic diagrams, and parts lists to assist in the evaluation/repair of all equipment included in this contract. 10. Removal of Government Property a. Whenever the repair of equipment cannot be performed at the Government site as determined by the Contractor, the Contractor shall notify (BME) who will make arrangements for the Contractor to remove the item to the Contractor?s designated site. The Contractor may be required to sign a Government form accepting responsibility for the Government equipment. b. All charges resulting from a Contractor determined requirement to transport Government owned property, covered by this contract, to and from an alternate repair location shall be the responsibility of the Contractor. 11. Equipment Modification Upgrades a. The Contractor shall only incorporate OEM specified modifications, alterations and upgrades. Approval shall be obtained from (BME) prior to the Contractor installation of any modification, alteration, or upgrades. b. The Contractor shall maintain contact with the OEM to determine the requirement for field modifications and to ensure accomplishment of these modifications in accordance with the time schedule set forth by the OEM. c. The Government shall not alter the system without prior notification to the Contractor. d. The contractor at no additional cost shall provide software updates to the Government. Installation of software updates will be left to the discretion of the Government. 12. Service Beyond the Scope of the Contract a. The Contractor shall immediately, but not later than 24 consecutive hours after discovery, notify (BME), in writing, of the existence or the development of any defects in, or repair required to the scheduled equipment which the Contractor considers they are not responsible for under the terms of this contract. b. At the same time of the notification, the Contractor shall furnish (BME) with written estimate of the cost to make the necessary repairs. Repairs considered by the Contracting Officer to be outside the scope of this contract shall not be covered under this contract, but shall be ordered under a separate purchase order. Section E - Inspection and Acceptance INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government Section F - Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 POP 01-OCT-2004 TO30-SEP-2005 N/A NAVAL MEDICAL CENTEROPHTHALMOLOGYCHARETTE HEALTH CARE CENTERBLDG. 227 EFFINGHAM STREETPORTSMOUTH VA 23708757-953-2694FOB: Destination N00183 0002 POP 01-OCT-2004 TO30-SEP-2005 N/A (SAME AS PREVIOUS LOCATION)FOB: Destination N00183 0003 POP 01-OCT-2004 TO30-SEP-2005 N/A (SAME AS PREVIOUS LOCATION)FOB: Destination N00183 0004 POP 01-OCT-2004 TO30-SEP-2005 N/A (SAME AS PREVIOUS LOCATION)FOB: Destination N00183 Section G - Contract Administration Data CLAUSES INCORPORATED BY FULL TEXT Invoices for services rendered under this Contract shall be submitted electronically through Wide Area Work Flow ? Receipt and Acceptance (WAWF): The vendor shall self-register at the web site https://wawf.eb.mil. Vendor training is available on the internet at http://wawftraining.com. Select the 2-in-1 Invoice within WAWF as the invoice type. The 2-in-1 Invoice prepares the Material Inspection and Receiving Report, DD Form 250, and invoice in one document. Back up documentation (such as service tickets, etc.) can be included and attached to the invoice in WAWF. Attachments created in any Microsoft Office product are attachable to the invoice in WAWF. The following information regarding Naval Medical Center Portsmouth is provided for completion of the invoice in WAWF: Issuing Office DODAAC: N00183 Admin DODAAC: N00183 Acceptor DODAAC: N00183 LPO DODAAC: N00183 Pay DODAAC: N68688 The contractor shall submit invoices for payment per contract terms. The Government shall process invoices for payment per contract terms. For more information on Wide Area Workflow, please contact the Wide Area Workflow Implementation Team at wawf@nmlc.med.navy.mil. Section I - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.203-3 Gratuities APR 1984 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans DEC 2001 52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-48 Exemption from Application of Service Contract Act Provisions for Contracts for Maintenance, Calibration, and/or Repair of Certain ADP, Scientific and Medical, and/or Office and Business Equipment - Contractor Certification AUG 1996 52.222-49 Service Contract Act -- Place Of Performance Unknown MAY 1989 52.226-1 Utilization Of Indian Organizations And Indian-Owned Economic Enterprises JUN 2000 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.246-1 Contractor Inspection Requirements APR 1984 252.204-7004 Alt A Required Central Contractor Registration Alternate A NOV 2003 252.232-7003 Electronic Submission of Payment Requests JAN 2004 CLAUSES INCORPORATED BY FULL TEXT 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (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.arnet.gov/far (End of clause)
Place of Performance: Address: Naval Medical Center, Portsmouth, MMD/Contracting Div., 54 Lewis Minors st/Bldg 250, Portsmouth, VA; Zip Code: 23708; Country: US
Record: SN00645708-W 20040819/040817212902 (fbodaily.com)
Source: FedBizOpps.gov Link to This Notice
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65 -- ANNUAL MAINT. CONTRACT FOR EXCIMER LASER SN 3631