The Department of Veterans Affairs, Network Contracting Office 09, hereby provides notice of its intent to award a sole source task order against GSA contract V797D-30111 for Omnicell Support Services to Omnicell, Inc., 1201 Charleston Rd, Mountain View, California 94043-1337. The contract is expected to be awarded in accordance with FAR 8.405-6(a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized. A Justification for Limiting Sources (LSJ) for Other Than Full and Open Competition has been prepared. The anticipated award date is October 1, 2022. The contractor will provide support services for existing equipment located throughout the Lexington VA Medical Center, 1101 Veterans Drive, Lexington, KY 40502. The hospital uses Omnicell automated dispensing cabinets to store and dispense ward stock including controlled substances on the nursing units, dental clinics, and pharmacy vault. The units are connected to a server which can track the use of medications within the cabinet as well as across the medical center. Additional equipment was purchased and delivered in 2021. The support services that were included in the equipment purchase price is set to expire on 09/30/2022. This requirement is to continue the support services from 10/01/2022 through 09/30/2023. Omnicell Inc has provided a proprietary letter stating they are the sole manufacturer and only company that can provide repair, maintenance, and support services. The following items will be procured: Item Number Description 0001 SV-OC REMOTE ACCESSS WIN2016 UPG (SINGLE) 0002 SERVICE-OMNICELL BASE SERVER 0003 SERVICE-MED-XT 2-CELL 0004 SERVICE-MED-XT 1-CELL 0005 SERVICE-MED AUX-XT 1-CELL 0006 SERVICE-MED AUX-XT 2-CELL 0007 SERVICE-MED-XT 1-4-HEIGHT 0008 SERVICE-OC REMOTE ACCESSS WIN2016 (SINGLE) 0009 SERVICE-MED-XT 2-CELL
[email protected] 3/1/23 - 9/30/23. NAICS code: 811219 - Other Electronic and Precision Equipment Repair and Maintenance (SBA Size Standard $22.0 Million) PSC: J065 Maintenance, Repair and Rebuilding of Equipment Medical, Dental and Veterinary Equipment and supplies THIS NOTICE OF INTENT IS NOT A SOLICITATION OR REQUEST FOR COMPETITIVE QUOTES. However, interested parties may identify their interest and capability to respond to this requirement within fourteen calendar days after publication of this notice. A determination not to compete this requirement, based upon responses to this notice, is solely within the discretion of the Government. Information received will normally be considered solely for determining whether to conduct a competitive procurement. The Department of Veterans Affairs will NOT be responsible for any costs incurred by interested parties in responding to this notice of intent. Only written responses will be considered. All responses from responsible sources will be fully considered. As a result of analyzing responses to this notice of intent, the Government shall determine if a solicitation will be issued. Any prospective contractor must be registered in the System for Award Management (SAM) to be eligible for award and must submit a current authorized distributor letter from the manufacturer. Interested parties are encouraged to furnish information by email only with RESPONSE TO INTENT TO SOLE SOURCE 36C24922Q0542 in the subject line. All documents submitted will not be returned. All interested parties shall submit clear and convincing documentation demonstrating their capabilities to satisfy the requirements listed above to Jennifer Harper, Contract Specialist, by email at
[email protected] NO LATER THAN August 9, 2022 @ 11:00AM CST. The capability documentation should include general information and technical background describing in detail the prospective contractor's capabilities and experience that will demonstrate the ability to support these requirements. The contractor will perform as outline in the attached Statement of Work (SOW). STATEMENT OF WORK Omnicell Service DESCRIPTION OF SERVICE: BACKGROUND: The Lexington VA Medical Center s Pharmacy Service uses Omnicell automated dispensing cabinets to store and dispense ward stock and controlled substances on the nursing units, dental clinic, and pharmacy vault. There are several models ranging from a small unit that fits on a table top to a large vertical unit roughly the size of a large side by side refrigerator. The units are connected to a server which can track the use of ward stock or controlled substances within the cabinet or across the medical center. OBJECTIVE: Provide service for Omnicell Equipment. SCOPE OF WORK: Provide telephone support 24hrs/day 7 days a week with engineer coverage Monday-Friday 24hrs, Saturday, Sunday, Holidays 6am 6pm CST. On-call support Saturday, Sunday, Holidays 6pm 6am CST. On-Site Support 24hrs/day 7days/week. On site response times: Disabled system 6hrs. Non-critical failure 24hrs. Repair/Replacement on-site 24hrs from Omnicell Technician. Software updates and upgrades included. Service term 12months. TERM OF CONTRACT AND PRICING: The VA anticipates the award of a sole source task order to Omnicell for support services in accordance with FAR part 8. Pricing should be quoted by GS schedule and subject to the availability of VA funds. HOURS OF OPERATION: Not applicable. 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 Lexington 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 remote 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. Lexington 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 Lexington VAMC for inquiries and problem solving at all times via 24-hour, 7-day/week number. 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 Lexington 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 medication and supply use 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 all contractor-provided equipment and installed systems. Contractor shall make provisions for the proper maintenance and functioning of associated equipment, facilities and fixtures as may reasonably be required by pharmacists to perform services hereunder. Provide afterhours support for problems with call-pack periods not to exceed 30 minutes from the placement of a call for assistance. PLANNING AND INSTALLATION: Contractor shall develop a project implementation strategy with Lexington 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 Lexington 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 Lexington 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. 12.1 After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to: David Buchenroth (COR)
[email protected] 859-233-4511 Ext 5159 Lexington VA Medical Center Troy Bowling Campus 1101 Veterans Drive Lexington, KY 40502