1 PAR EX SUPPORT PWS.docx

PERFORMANCE WORK STATEMENT

WEIGHT BASED INVENTORY MANAGEMENT SYSTEM SUPPORT

A. GENERAL INFORMATION:

Department of Veterans Affairs Medical Center West Texas Health Care System (WTVAHCS) is seeking to obtain support and maintenance services for the PAR Excellence Inventory system recently installed to ensure proper storage of medical products. Contractor will provide at contractor’s expense all supervision, tools, materials, supplies, equipment, and labor to perform the work.

1. SCOPE OF WORK: The contractor will provide all supervision, labor, tools, materials, supplies, equipment, licensing, support and software to maintain the PAR Excellence weight-based inventory management system that detects and transmits real-time information into the Government owned Generic Inventory Package (GIP), via VISTA/IFCAP.

2. REQUIREMENTS: PAR Excellence shall provide the following support services (“Support Services”) in conjunction with an ongoing support subscription.

A. Diagnose problems and determine whether such problem is related to software or hardware. If such a problem is determined to be caused by software or hardware covered under this Statement of Work, PAR Excellence will correct the problem.

B. If the problem is Software related, PAR Excellence shall attempt to correct the problem via phone. If necessary, PAR Excellence shall make all required changes to the Software and related deliverables.

C. Help desk services are available and accessible by telephone (513-822-3777) or e-mail (vhahelp@parexcellence.com). The help desk will assist Customer in resolving a problem and obtaining general technical assistance, including queries on how to use the Products and requests for additional documentation.

a. PAR Excellence Support Staff is staffed 7AM – 8PM EST.

b. After Hours Support is available via an on-call Technician at all other times. To contact the on-call technician, Customer must call via telephone. The PAR Excellence On-Call Support Staff will respond to after-hour support request in a timely manner, generally within 30 minutes to one Hour after the initial phone call.

D. PAR Excellence may periodically release changes to the software (“Software Releases”), including maintenance, updates, or upgrades. These changes will be reviewed and approved through the VA OIT Technical Reference Model System. Once approved, updates will be scheduled via OIT and COTS.

E. PAR Excellence solutions are monitored by PAR Excellence PTPS (Pro-Active Technical Product Support)

a. PTPS automatically checks in with PAR Excellence 4 times a day to verify system health.

b. PTPS may periodically send message to PAR Excellence to provide alerts to Support Staff.

c. Alerts from PTPS may require the PAR Excellence Support Staff to contact a VA employee for assistance to resolve the alert. This may require escalation from the local staff to local OIT, or National COTS.

3. Customer Responsibilities. Customer shall be responsible for the following obligations:

a. Customer shall provide IT resource that can verify ports are setup and operating correctly. Response time should not exceed 24 hours.

b. Customer shall provide and maintain proper VLAN and ACL for PAR Excellence Controllers and Scales to be able to communicate to the server.

c. c) Customer shall provide adequate IP addresses for PAR Excellence controllers.

d. d) Customer shall provide PAR Excellence’s Support Staff with CAG access. If remote access to sever is required for installation or maintenance of software, or to resolve an issue, VA personnel shall provide remote (escorted) access within 24 hours of request.

e. Customer shall designate one appropriately qualified person to maintain security groups as required.

f. Maintain at least one spare scanner, if scanners are used by Customer in connection with the Services.

g. Support and maintain all equipment other than Covered Equipment, including but not limited to commercially manufactured computers, protocol converters, printers, and all other devices associated with telecommunications and networking.

h. Customer shall designate two appropriately qualified persons who have been trained and by PAR Excellence who will be available to complete the following tasks:

i. Turn the PAR Location equipment on or off.

ii. Disconnect and reconnect power from the PAR Location equipment.

iii. Change the battery of scanners, if used by Customer

iv. Properly register and exchange PAR Location equipment

v. Visually and verbally assist Service Provider in diagnosing PAR Location equipment problems.

vi. Maintain the system database.

vii. Build and extract orders.

viii. Build and extract applicable interfaces.

ix. Perform system backup.

x. Visually and verbally assist PAR Excellence in diagnosing Software problems.

i. If Customer has purchased PAR Bins or PAR Secure Cabinets, Customer shall use the Software to monitor PAR Bins performance and resolve any performance issues identified by PAR Vision. Customer shall notify PAR Excellence of any PAR Bins issue which Customer cannot resolve.

j. Customer shall not store critical, or lifesaving supplies in PAR Secure Cabinets

4. Fees. Customer shall be responsible for payment of fees for the ongoing subscription and Support Services, based on the then-current pricing list provided by Service Provider to Customer (“Support Fees”) on a monthly basis.

5. SCHEDULE

Primacy POC and COR: Logistics Service Phone: (432) 263-7361

6. Hours of Operation Delivery shall be performed during normal working hours from 8:00 am to 4:30 pm excluding federal holidays unless requested and approved by the COR. Federal holidays include:

New Years' Day Martin Luther King Jr. Day Presidents' Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans’ Day Thanksgiving Day Christmas Day

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also, included, would be any other day specifically declared by the President of the United States of America to be a National Holiday.

Parking: It is the responsibility of the Contractor’s personnel to park only in designated parking areas. The WTVAHCS shall not waive or make reimbursement for parking violations of the Contractor’s personnel under any circumstances.

7. Government Furnished Equipment:

The WTVAHCS has provided the server, laptop and desktop computer for installation of vendors software and related programs needed for installation and will have access to maintain the system.

8. Performance Monitoring:

Functionality and accuracy of the installed equipment will be continuously monitored by Logistics staff to ensure equipment is functioning properly and providing accurate and timely information for inventory and reordering purposes. Contractor will monitor the system daily and provided support for software defects or functionality problems that may occur. The WTVAHCS will contact the Contractor via email or telephone within time frames designated in paragraph C, a-b. The Contractor will meet (e.g. in person, telephone, etc.) with the COR to address any unresolved issues. Any unresolved and/or continuous issues will be addressed to the Contracting Officer for corrective action.

9. PERFORMANCE AND DELIVERABLES:

All work must be performed by competent trained personnel who are experienced and qualified to work on the specific equipment. All work performed shall be accomplished in accordance with the manufacturer’s instructions including, but not limited to, adjustments, calibrations, cleaning, lubrication, testing, disassembly, inspection, replacement of worn or defective parts, etc., required to keep the equipment in operating condition. Contractor’s maintenance of the equipment must satisfy all requirements as set forth by the manufacture. Contractor must ensure all trash and debris is removed from site after work is completed.

10. CONTRACTOR PERSONNEL REQUIREMENTS/PHYSICAL SECURITY

Contractor employees visiting the facility will need to obtain access badges from the VA Police Service located on the ground floor, main facility prior to conducting business, installation, or training functions. Contractors are required to abide by all facility requirements in regards to screening and masking requirements.

All Contractor personnel are required to wear I.D. badges during the entire time they are on Government property. I.D. badges must have an identification picture and shall state the name of the individual and the company he/she represents. The Contractor is to coordinate with the COR to obtain the I.D. badge from the Police Service. The Contractor is to provide a list of personnel who shall be performing the service.

11. CONTRACT TYPE:

This is a firm fixed price contract

12. TRAVEL:

The West Texas Veterans Affairs Health Care System (WTVAHCS) is NOT responsible for any travel expenses associated with this requirement.

13. COR AUTHORITY:

In no event is the COR empowered to change any of the terms and conditions of the contract. All changes, to any section of this contract, shall be made only by the Contracting Officer pursuant to a properly executed modification. The types of actions within the purview of the COR’s authority are to ensure that the Contractor performs the technical requirements of the contract, and to notify the Contracting Officer of any deficiencies observed. A Letter of Designation shall be issued to the COR and a copy shall be sent to the Contractor at the time of contract kickoff meeting or post-award conference setting forth in full the responsibilities and limitations of the COR.

14. DISCONTINUANCE OF SERVICE:

The Government reserves the right to terminate service on individual systems with a thirty day (30) written notice to the Contractor with payment to be prorated.

15. PARTS:

(a) Only new, standard parts shall be furnished by the Contractor. All parts shall be of the manufacture and have versatility be installed at the facility with as little structural augmentation as possible.

(b) All newly installed equipment and parts become the property of the Government. Replaced parts are to be disposed of legally by the Contractor in accordance with industry standards.

16. GOVERNMENT FURNISH EQUIPMENT:

The WTVAHCS will not furnish parts and/or test equipment for the performance of this contract. It is the responsibility of the Contractor to bring the appropriate equipment and/or supplies necessary to complete the work as required within.

17. QUALITY CONTROL:

After contract award, the Contractor shall implement and follow a Quality Control Plan outlined in the SOW. The solution-based Quality Control Plan or QASP with performance goals and acceptable quality levels is necessary to ensure quality for this service. The Contractor shall address any issues established by the Government performance goals as needed.

18. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS:

The Contractor shall ensure that services provided to the Government under this agreement comply with all applicable laws, statutes, regulations, and guidelines that govern the operation of systems by the Government. The Contractor shall also ensure that all services provided to the Government under this agreement comply with all Government mandated procedures, standards, and requirements.

As the Government develops and implements new or modified policies and procedures either to comply with internal agency rules and procedures or to comply with applicable rules, regulations, statutes, or other binding obligations ("Additional Compliance Terms"), the Government reserves the right to incorporate such Additional Compliance Terms into this Agreement. The Contractor hereby acknowledges and agrees that such Additional Compliance Terms shall become part of this agreement. The Government shall provide the Contractor with prior written notice regarding the date by which the Contractor shall comply with each set of Additional Compliance Terms ("Compliance Date"). Failure to comply with the Additional Compliance Terms prior to the Compliance Date shall be cause for the Government to immediately terminate this agreement. In the event that the Government terminates this agreement because of the Contractor's failure to comply with Additional Compliance Terms by the Compliance Date, the Contractor shall be liable for such reasonable costs as may be associated with the Government’s efforts to procure a replacement Contractor and associated systems and services.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

RECORDS MANAGEMENT

A. Applicability B. This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

Definitions:

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes VA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA policy.

8. The Contractor shall not create or maintain any records containing any non-public VA information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The VA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20

D. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment.