DOCUMENT
R -- MAINTENANCE FEE TO MAINTAIN SOFTWARE FOR ABACUS SYSTEM - Attachment
- Notice Date
- 3/10/2016
- Notice Type
- Attachment
- NAICS
- 541511
— Custom Computer Programming Services
- Contracting Office
- Department of Veterans Affairs;Network Contracting Office 1;Contracting Officer (90C);215 North Main St;Brockton MA 02301
- ZIP Code
- 02301
- Solicitation Number
- VA24116Q0290
- Response Due
- 3/17/2016
- Archive Date
- 3/22/2016
- Point of Contact
- Stacy Dion
- E-Mail Address
-
6-5105<br
- Small Business Set-Aside
- N/A
- Description
- The Department of Veterans Affairs, VA Boston Healthcare System, intends to negotiate a commercial (FAR Part 12) sole source contract with Applied Logic Inc. under the authority of FAR 6.302-1. This is not a solicitation; it is notice of intent to sole source a requirement. Inquiries/information received after the established deadline shall not be considered. The submission of any data for review shall not impede award of this contract as planned. The Government does not intend to pay for information solicited. This notice is issued pursuant to FAR 6.302-1. This combined synopsis/solicitation for commercial items prepared in accordance with the format prescribed in the Federal Acquisition Regulations (FAR) subpart 12.6 as supplemented with additional information included in this notice under FAR part 5.203. This combined/synopsis solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-37. The North American Industry Classification System (NAICS) number is 541511; the business size is $27.5 million. Offeror must be registered in the System for Award Management (SAM) database before an award can be made to them. If the offeror is not registered in the SAM, it may do so through the SAM website at http://www.sam.gov. Please provide a valid DUNS # with your submission. THIS IS NOT A REQUEST FOR COMPETITIVE QUOTES and no solicitation will be issued; however, any firm that believes it can meet these requirements may give written notification to the Contracting Office. Supporting evidence must be furnished in sufficient detail to demonstrate the ability to comply with the above requirement. Responses are due by 3/17/2016 at 8:00AM EST. A determination by the Government not to compete this proposed contract based on responses to this notice is solely within the discretion of the Government. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. B.2 STATEMEN OF WORK ABACUS Annual Software Maintenance Provide Annual Maintenance for the ABACUS software system. This software is used to manage the reusable medical/surgical inventory that surgeons use in the Operating Room. The maintenance should include data services, support services, repair services, warranty on the hardware, apply to the PC with touch screen monitor and the universal PC mounting bracket and the symbol tethered USB serial Barcode Readers 1D. Data service should include: Data Input Service, Data Management and training and report programming. The operations center should be available for 24/7 coverage including all evening, weekend, and holiday hours. Provide 24x365 remote monitoring of the system. Data input services should provide for unlimited changes and additions to the hospital database and include any database structure recommendations and changes. Training should be provided to supervisors on database management using the hospital's database. Reports and instructions should be provided on the Supervisor Control Center. Support Services should include: Software upgrades for application software. Provide for the supplying and loading of all application and system software to each workstation. Provide for the installation of all updates and repairs for the ABACUS hardware operating system or third party software designated. Repair Service: If replacement of a workstation is necessary, provide for a one (1) day overnight replacement repair. No shipping charges. This Contract is Firm Fixed Price (FFP). The Contractor is required to provide the software, media, software license, and software maintenance/upgrade and technical support services for the computer software identified below. 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. The name of the software is: License Number: Platform: License Option: Term: Use: Software Manufacturer: Governing Law 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. (ii) Indemnification. The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any Contractor property or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use service, operation, or performance of work under the terms of the Contract and this Order, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor. (iii) Government's Liability. The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority. (iv) Uniform Computer Information Transaction Act (UCITA). UCITA is not applicable to the Contract or this Order. (v) Software License and Maintenance/Support. (1)Definitions. (a)Licensee. The term "licensee" shall mean the U.S. Department of Veterans Affairs ("VA") and is synonymous with "Government." (b)Licensor. The term "licensor" shall mean the software manufacturer of the computer software being acquired. The term "Contractor" is the company identified in Block 17a on the SF1449. If the Contractor is a reseller and not the Licensor, the Contractor remains responsible for performance under this Contract. (c)Software. The term "software" shall mean the licensed computer software product(s) cited in the Schedule of Supplies (Page 2). (d)Release or Update. The term "release" or "update" are terms that refer to a revision of software that contains defect corrections, minor enhancements or improvements of the software's functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware. (e)Version or Upgrade. The term "version" or "upgrade" are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version 5.4 to 6). (2)License. Grant of License and Term. (a)See also Addendum, Performance work statement. (b)Unless otherwise stated in the Schedule of Supplies/Services, the software license provided to the Government is a perpetual, nonexclusive license to use the software. (c)The license authorizes the Government to use the software in processing data for other federal agencies. (d)If the licensed software requires a password (or license key) to be operational, it shall be delivered with the software media and have no expiration date. (e)If the Government decides to outsource or contract its services, the Government may allow the outsourcer to use the licensed software solely to provide the services on its behalf. The outsourcer shall be bound by the provisions of this Contract relating to the use of the software. (f)If the software is for use in a networked environment, as may be reflected by the number of servers or users described in the Contract, the license grant provided by the Contractor includes the Government's use of the software in such environment. (g)Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d). (h)If the Government purchases additional licenses, the terms and conditions for those additional licenses (including technical support and upgrades) shall be the same as agreed to in this Contract, unless negotiated otherwise by mutual agreement of the parties. (i)If for any reason the contractor is unable to complete performance under this Contract or, if following the completion of this Contract the contractor ceases to provide support for any software described in this Contract, the contractor agrees to provide to Government any proprietary software or documentation that is relevant to the work performed under this Contract. This provision applies to any data that would be necessary for the maintenance and continued development of any automated information systems, including but not limited to, system source and object codes, supporting system software and all relevant documentation and source listings. This data shall be provided to the Government at no additional price within thirty (30) calendar days following work stoppage. (j)If the Contractor is a reseller for the computer software being acquired under this Contract, it is permissible for the actual software manufacturer (Licensor) to deliver the software directly to the Government. (k)The Government may install the software on hardware with dual core processor chips at no additional price. Pricing of the software is "per processor" or "per CPU" and not "per core". The Government may also upgrade the hardware that the software is installed on at any time at no additional price; this includes, but is not limited to, upgrading to a processor with dual core chip technology. (l)All limitations of software usage are expressly stated in the SF 1449 and Addenda. (3)Software Technical Support and Upgrades (a)See also Addendum, Performance work statement. (b)Software technical support and upgrades are included at the agreed upon price. However, if additional charges are assessed during the license period as a result of negotiated changes in the license (e.g., CPU upgrades), the license fee shall be by mutual agreement of the parties and any dispute thereof shall be resolved in accordance with the Disputes Clause incorporated herein at FAR 52.212-4(g). (c)If the Government desires to continue software license beyond the license period identified in this Contract, the Government will issue a separate order or contract to renew annual support and upgrade license. Conversely, if an order or contract to renew software support and upgrade license is not received, no assumption by the Contractor shall be made that license has been renewed. (d)Unless otherwise agreed, for any new additional software that may be licensed, the Contractor shall provide for software license in the first year of the license at no additional price. (e)The Contractor shall provide software support services, which 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 so as to cause the software to perform according to its specifications, documentation or demonstrated claims. (f)Any telephone support provided by Contractor shall be at no additional price. (g)The Contractor shall provide all support services in a timely manner in accordance with the Contractor's customary practice. However, prolonged delay in resolving software problems will be noted in the Government's various past performance records on the Contractor (e.g., www.ppirs.gov). (h)If the Government allows the license to lapse and subsequently wishes to reinstate the technical support and upgrade license, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed the license to lapse. (vi) Disaster Recovery Clause. Government hereby certifies to Contractor that it has a bona fide disaster plan with respect to the computer software programs used in its operations. The Contract and this Order authorizes the Government's operation to maintain a second copy of software on tape for use at loading at sites that are not live (e.g. license-based disaster recovery services) for the sole purpose of duplicating or mirroring the software environment of the "primary" licenses at the designated licensed site and as described herein. Additionally, use of the software at the contingency sites must not include general access or any processing for program development or production. Contractor shall permit operation and testing of all licensed programs at the contingency sites as designated by the Government without prior approval and at no additional price to the Government solely for the purpose of maintaining or implementing disaster recovery readiness including continuity of business operations. CPU's, MIPS or MSU's at these contingency sites are excluded from the total CPU's, MIPS or MSU's count included elsewhere in the Contract and this Order and are not separately billable. Activation of operations at a contingency site shall be at Government's discretion. Government is authorized to install all software at the contingency sites for testing, problem resolution purposes, and to ensure there will be no operational delays in association with transition of workload from the designated licensed site to the contingency sites. Use of the software at the contingency sites in the event of a disaster shall continue until such time as normal processing can be resumed at the "primary" site regardless of the duration required. Nothing in the Contract or this Order diminishes the Government's rights in accordance with the data rights clause(s). Any license keys, codes, or passwords required by the Contractor in order to use the software at the contingency sites shall be provided to the Government within 10 days of the Government's request. (vii) Disabling Software Code. 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. (viii) NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL ELECTRONIC AND INFORMATION TECHNOLOGY PROCUREMENTS (SECTION 508) On August 7, 1998, Section 508 of the Rehabilitation Act of 1973 was amended to require that when Federal departments or agencies develop, procure, maintain, or use Electronic and Information Technology, that they shall ensure it allows Federal employees with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by other Federal employees. Section 508 required the Architectural and Transportation Barriers Compliance Board (Access Board) to publish standards setting forth a definition of electronic and information technology and the technical and functional criteria for such technology to comply with Section 508. These standards have been developed were published with an effective date of December 21, 2000. Federal departments and agencies must develop all Electronic and Information Technology requirements to comply with the standards found in 36 CFR 1194. SECTION 508 - ELECTRONIC AND INFORMATION TECHNOLOGY (EIT) STANDARDS The Section 508 standards established by the Architectural and Transportation Barriers Compliance Board (Access Board) are incorporated into, and made part of all VA contracts, solicitations and purchase orders developed to procure Electronic and Information Technology (EIT). These standards are found in their entirety at: http://www.section508.gov/. A printed copy of the standards will be supplied upon request. The contractor must comply with the technical standards at 36 CFR 1194. 21 Software applications and operating systems, 1194.31 Functional performance criteria, and 1194.41 Information, B.3 PRICE/COST SCHEDULE
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/VA/WRJVAMROC/DVAMROC/VA24116Q0290/listing.html)
- Document(s)
- Attachment
- File Name: VA241-16-Q-0290 VA241-16-Q-0290_2.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2609563&FileName=VA241-16-Q-0290-000.docx)
- Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2609563&FileName=VA241-16-Q-0290-000.docx
- Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
- File Name: VA241-16-Q-0290 VA241-16-Q-0290_2.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2609563&FileName=VA241-16-Q-0290-000.docx)
- Record
- SN04046413-W 20160312/160310235500-bebfcfac0bdb320ce3e823450092d518 (fbodaily.com)
- Source
-
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