Loren Data's SAM Daily™

FBO DAILY ISSUE OF DECEMBER 06, 2006 FBO #1836
MODIFICATION

70 -- 70 -- Philips CareVue Software Renewal

Notice Date

12/4/2006
 

Notice Type

Modification
 

Contracting Office

Attn: Department of Veterans Affairs Medical Center, Director, Acquisition & Materiel Management, (90C), One Veterans Drive, Minneapolis, Minnesota 55417
 

ZIP Code

55417
 

Solicitation Number

618-93-07-LW
 

Response Due

12/11/2006
 

Archive Date

1/10/2007
 

Point of Contact

Contracting Officer - Lee Wiech, Contracting Officer, Ph:(612) 467-2178, Fx:(612) 467-2072
 

E-Mail Address

Lee Wiech
(lee.wiech@va.gov)
 

Small Business Set-Aside

N/A
 

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation Number: RFQ 618-93-07-lw. FAR 52.212-1, Instructions to Offerors – Commercial, FAR 52.212-2, Evaluation – Commercial Items, FAR 52.212-3 - Offer Representations and Certifications – Commercial Items, FAR 52.212-4, Contract Terms and Conditions—Commercial Items, FAR 52.212-5, Contract Terms and Conditions Required to Implement Statures or Executive Orders—Commercial Items apply to this solicitation. Subsequent contract is anticipated to be Firm Fixed Price (FFP). This solicitation document incorporates FAR previsions and clauses in effect through FAC 2005-14. The Contractor is required to provide the software, media, software license, and software maintenance/upgrade and technical support services for the computer software identified herein. Software maintenance includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the Contractor to its customers. Distribution of maintenance copies shall be accomplished by using an appropriate magnetic, electronic or printed media. Federal law and regulations, including the Federal Acquisition Regulations (“FAR”), shall govern this Contract. Commercial license agreements may be made a part of this Contract but only if both parties expressly make them an addendum. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap) or any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract, including Addendums A & B; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract. Federal law and regulation, including without limitation, the Contract Disputes Act (41 U.S.C. §601-613), the Anti-Deficiency Act (31 U.S.C. §1341 et seq.), the Competition in Contracting Act (10 U.S.C. §2304), the Prompt Payment Act (31 U.S.C. §3901, et seq.) and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control and render ineffective any inconsistent, conflicting or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract or the commercial license agreement or elsewhere, the terms of this clause shall prevail. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ). 28 U.S.C. § 516. At the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract must be made by contract modification (Standard Form 30). Nothing in this Contract or any commercial license agreement shall be construed as a waiver of sovereign immunity. The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such code is present, the Contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the Contractor agrees to remove such code upon the Government’s request at no extra price to the Government. Inability of the Contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of the contract, and the Government may exercise its right to terminate for cause. In addition, the Government is permitted to remove the code as it deems appropriate and charge the Contractor for consideration for the time and effort in removing the code. Under authority of 41 U.S.C. 253(c)(1), the Government anticipates entering into sole source procurement for software update and support of an existing Clinical Information System (CIS) with Philips Medical Systems, 3000 Minuteman Road, Andover, MA 01810-1099. NAICS code 541511 applies to this procurement. CIS consists of the CareVue Primary and CareVue Secondary Systems software systems which interact with approximately 830 pieces of hardware/equipment: i.e., transducers, printers, monitors, transmitters, receivers, bedside recorders, pressure modules, display controls/units, monitors/terminals, workstations, carts and cabinets. Contractor is to provide 24-hour, 7-days/week coverage, to include toll-free telephone assistance for basic system operating procedures, identifying problems, and resolve system failures with work-around instructions if possible. Contractor is to make service call responses within 2 hours via telephone and within 4 hours for on-site coverage. In accordance with HIPAA, the Contractor may be required to enter into a Business Associate Agreement (BAA) with VA. Item #1: CareVue Software License 20-39 Beds (Per Bed 10/1/06 through 9/30/07, 21 Ea., Item #2: 1st ADT or LAB Interface to CareVue (10/1/06 through 9/30/07, 1 Ea. Item #3: 1st ADT or LAB Interface to CareVue (10/1/06 through 9/30/07)2 Ea. Item #4: Software Updates (10/1/06 through 9/30/07, 1 Year Item #5: Software Update Installation (10/1/06 through 9/30/07), 1 Year Item #6; Data Restoration Services, 1 year The above authority is cited and justification made based on the determination that the Government’s minimum needs can best be satisfied by services available from one source. This contract action is for services for which the Government intends to solicit and negotiate with only one source under FAR 6.302 and under Commercial Item Acquisition, FAR Part 12. Interested persons may identify their capability to respond to this requirement or to submit proposals by December 11, 2006. This notice of intent is not a request for competitive proposals. However, all proposals received on or before December 11, 2006 will be considered by the Government. A determination by the Government not to open the requirement to competition based upon responses to this notice is solely within the discretion of the Government. Information received as a result of the notice of intent will normally be considered solely for the purpose of dining whether to conduct a competitive procurement. Offers may contract Lee Leonard Wiech, Contracting Officer, writing at VA Medical Center, AMMS (618/90C), Minneapolis, MN, 55417, via email @ lee.wiech@va.gov or FAX to 612-467-2178. NOTE: THIS NOTICE WAS NOT POSTED TO FEDBIZOPPS ON THE DATE INDICATED IN THE NOTICE ITSELF (04-DEC-2006); HOWEVER, IT DID APPEAR IN THE FEDBIZOPPS FTP FEED ON THIS DATE. PLEASE CONTACT fbo.support@gsa.gov REGARDING THIS ISSUE.
 

Web Link

Link to FedBizOpps document.
(http://www.fbo.gov/spg/VA/MiVAMC618/MiVAMC618/618-93-07-LW/listing.html)
 

Place of Performance

Address: Minneapolis, MN

Zip Code: 55417

Country: United States
 

Record

SN01190682-F 20061206/061204222127 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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