Attachment A - SOW - DSS Periop Sustainment.docx

STATEMENT OF WORK (SOW)

1. Background

1.1. VISN 19 has a requirement for sustainment of the Document Storage Solutions Inc. (DSS) LiveData Periop system (DSS Periop) at the following VA facilities: Oklahoma City VA Medical Center, Muskogee VA Medical Center, Grand Junction VA Medical Center, Fort Harrison/Billings VA Medical Center, Cheyenne VA Medical Center, and Salt Lake City VA Medical Center.

2. Scope of Services

2.1. The contractor shall provide maintenance and support for the entire system at all facilities listed above.

2.2. The contractor shall provide bug fixes and minor release upgrades for PeriOp Planner, PeriOp Manager, and PeriOp Analytics.

2.3. Phone support shall be provided M-F 8AM -7PM for all facilities.

2.4. Technical support shall be provided by the contractor 24x7x365 for all facilities.

2.5. Remote application support shall be provided by the contractor.

2.6. The contractor shall also provide on-site support as necessary to resolve hardware/software issues.

2.7. The contractor shall provide on-site customer workflow support as needed.

2.8. The contractor shall be able to provide training as needed for new medical staff.

2.9. The contractor shall furnish all spare and replacement parts needed to service the equipment.

2.10. The contractor shall provide tools, test equipment, service manuals or service diagnostic software. The contractor shall obtain, have on file, and make available to its FSE's all operational and technical documentation (such as; operational and service manuals, schematics, and parts list) necessary to meet the performance requirements and repair of the medical equipment. A reference list of applicable service manuals and their respective locations shall be provided to the Biomedical Engineer upon request.

2.11. All service/repairs shall be performed during normal hours of coverage unless requested or approved by the Biomedical Engineer. The only exception is hardware/software update/upgrade installations which shall be scheduled and performed outside normal hours of coverage at no additional charge to the Government (unless it would be detrimental to equipment up-time; to be determined by the Biomedical Engineer).

2.12. The Contractor shall provide the upgrades, maintenance and technical support within a specified time published in the response time requirements below in Table 1. If the problem cannot be resolved over the phone or remotely, then an authorized representative of the company will commence work within the designated time identified and will proceed progressively to rectify the problem without undue delay without any additional cost to the government. The Contractor shall be responsible to coordinate the method of response with the COR.

2.13. Description, salient characteristics and Part numbers of DSS Brand Name products and services to be acquired.

DSS Vista Integrated LiveData Periop Manager Performance analytics ADD ON. Perpetual License Annual Maintenance and Support.

DSS-LD-PRFA-P-AM

DSS Periop Annual Premium Maintenance and Technical Support Service, to include 24x7x365 support; includes two travels per facility.

Periop-VA-PSUPP

DSS ADHOC Premium Application Workflow Support – Remote, per facility annual fee.

DSS-PREMAPPSUPPORT-VA-AF

EMR Training Per Hour.

EMRTRN

Customer Workflow/ Support Engagements per hour.

DSS-CSA-CWSE

DSS Vista integrated LiveData Periop Manager Large (6-9 ORs). Annual Maintenance and Support.

Periop-VA-LG-M

DSS Vista integrated LiveData Periop Manager Medium (3-5 ORs). Annual Maintenance and Support.

Periop-VA-MD-M

2.14. Table 1 list response times by priority types as defined by VA. The Contractor shall meet the response time requirements associated with each priority:

(to restore to full performance)

2.15. The contractor must provide service documentation to the facility Point of Contact (POC) for all services provided within 10 days after the work is completed.

3. Reporting Requirements

3.1. The Contractor shall provide at a minimal monthly progress report, to include schedule updates, to the VA COR and shall cover all work completed during the reporting period and work planned for the subsequent reporting period. The reports shall also identify any problems that arose and a description of how the problems were resolved. If problems have not been completely resolved, the Contractor shall provide an explanation. The Contractor shall monitor performance against the CPMP and report any deviations. It is expected that the Contractor will remain in communication with the VA accordingly so that issues that arise are transparent to both parties to prevent escalation of outstanding issues.

4. Security Requirements

4.1. This entire section applies to all acquisitions requiring any Information Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy.

4.2. VA Information Custodial Language – this entire section applies to all acquisitions requiring any Information Security and Privacy language.

4.2.1. The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.22714 Rights in Data – General. The primary clause used to define computer software license (not data/intellectual property first produced under this contractor or order) is FAR 52.227-19, Commercial Computer Software License.

4.2.2. Information made available to the contractor by the VA for the performance or administration of this contract will be used only for the purposes specified in the service agreement, SOW, PWS, PD, and/or contract. The contractor shall not use VA information in any other manner without prior written approval from a VA contracting officer (CO). The primary clause used to define Government and Contractor data rights is FAR 52.22714, Rights in Data – General.

4.2.3. VA information will not be co-mingled with any other data on the contractor’s information systems or media storage systems. The contractor shall ensure compliance with Federal and VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization.

4.2.4. VA reserves the right to conduct scheduled or unscheduled audits, assessments, or investigations of contractor Information Technology (IT) resources to ensure information security is compliant with Federal and VA requirements. The contractors shall provide all necessary access to records (including electronic and documentary materials related to the contracts and subcontracts) and support (including access to contractor and subcontractor staff associated with the contract) to VA, VA’s Office Inspector General (OIG), and/or Government Accountability Office (GAO) staff during periodic control assessments, audits, or investigations.

4.2.5. The contractor may only use VA information within the terms of the contract and applicable Federal law, regulations, and VA policies. If new Federal information security laws, regulations, or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and/or policies.

4.2.6. The contractor shall not make copies of VA information except as specifically authorized and necessary to perform the terms of the contract. IF copies are made for restoration purposed, after the restoration is complete, the copies shall be destroyed in accordance with VA Directive 6500, VA Cybersecurity Program and VA Information Security Knowledge Service.

4.2.7. If a Veterans Health Administration (VHA) contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with VHA Directive 1605.05, Business Associate Agreements. IF there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contractor.

4.2.8. The contractor shall store and transmit VA sensitive information in an encrypted form, using VA-approved encryption tools whare are, at a minimum, Federal Information Processing Standards (FIPS) 140-2, security Requirements for Cryptographic Modules (Or its successor) validated and in conformance with VA Information Security Knowledge Service requirements. The contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with National Institute of Standards and Technology (NIST) 80052, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS) Implementations.

4.2.9. The contractor’s firewall and web services security controls, as applicable, shall meet or exceed VA’s minimum requirements.

4.2.10. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court of competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The contractor shall refer all requests for, demands for production of or inquiries about, VA information and information systems to the VA CO for response.

4.2.11. Notwithstanding the provision above, the contractor shall not release VA records protected by Title 38 U.S.C. § 5705, Confidentiality of medical quality-assurance records and/or Title 38 U.S.C. § 7332, Confidentiality of certain medical records pertaining to drug addition, sickle cell anemia, alcoholism or alcohol abuse or infection with Human Immunodeficiency Virus (HIV). If the contractor is in receipt of a court order or other requests for the above-mentioned information, the contractor shall immediately refer such court order or other requests to the VA CO for response.

4.2.12. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract will be protected and secured in accordance with VA Directive 6500 and Identify and Access Management (IAM) Security processes specified in the VA Information Security Knowledge Service.

4.2.13. Any data destruction done on behalf of VA by a contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 630, Records and Information Management, VA Handbook 6300.1, Records Management Procedures, and applicable VA Records Control Schedules.

4.2.14. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Directive 6500 and NIST 80088, Guidelines for Media Sanitization prior to termination or completion of this contract. If directed by the COR/CO, the contractor shall return all Federal Records to VA for disposition.

4.2.15. Any media, such as paper, magnetic tape, magnetic disks, solid state devices or optical discs that is used to store, process, or access VA information that cannot be destroyed shall be returned to VA. The contractor shall hold the appropriate material until otherwise directed by the Contracting Officer’s Representative (COR) or CO. Items shall be returned securely via VA-approved methods. VA sensitive information must be transmitted utilizing VA-approved encryption tools which are validates under FIPS 140-2 (or its successor) and NIST 800-52. If mailed, the contractor shall send via a trackable method (USPS, UPS, FedEx, etc.) and immediately provide the COR/CO with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the COR/CO within 30 business days or termination of the contract.

4.2.16. All electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) used to store, process, or access VA information will not be returned to the contractor at the end of the lease, loan, or trade-in. Exceptions to this paragraph will only be granted with the written approval of the VA CO.

4.3. Access to VA Information and VA Information Systems – This section applies when any person requires access to information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract.

4.3.1. A contractor/subcontractor shall request logical (Technical) or physical access to VA information and VA information systems for their employees and subcontractors only to the extent necessary to perform the services specified in this solicitation or contract. This includes indirect entities, both affiliate of contractor/subcontractor and agent of contractor/subcontractor.

4.3.2. Contractors and subcontractors shall sign the VA Information Security Rule of Behavior (ROB) before access is provided to VA information and information systems (see section 4.4, Training, below). The ROB contains the minimum use compliance requirements and does not supersede any policies of VA facilities or other agency components which provide higher levels of protection to VA’s information or information systems. Users who require privileged access hall complete the VA elevated privileges access request processes before privileged access is granted.

4.3.3. All contractors and subcontractors working with VA information are subject to the same security investigative and clearance 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 shall be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office of Human Resources and Administration/operations, Security and Preparedness (HRA/OSP) is responsible for these policies and procedures. Contract personnel who require access to classified information or information systems shall have an appropriate security clearance. Verification of a Security Clearance shall be processed through the Special Security Officer located in HRA/OSP. Contractors shall conform to all requirements stated in the National Industrial Security Program Operating Manual (NISPOM).

4.3.4. All contractors and subcontractors shall comply with conditions specified in VAAR 852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S. services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO inwriting prior to access being granted.

4.3.5. The contractor shall notify the COR/CO in writing immediately (no later than 24 hours) after personnel separation or occurrence of other causes. Causes may include the following:

4.3.5.1. Contractor/subcontractor personnel no longer has a need for access to VA information or VA information systems.

4.3.5.2. Contractor/subcontractor personnel are terminated, suspended, or otherwise has their work on a VA project discontinued for any reason.

4.3.5.3. Contractor believes their own personnel or subcontractor personnel may pose a threat to their company’s working environment or to any company-owned property. This includes contractor-owned assets, buildings, confidential data, customers, employees, networks, systems, trade secrets and/or VA data.

4.3.5.4. Any previously undisclosed changes to contractor/subcontractor background history are brought to light, including but not limited to changes to background investigation or employee record.

4.3.5.5. Contractor/subcontractor personnel have their authorization to work in the United States revoked.

4.3.5.6. Agreement by which contractor provides products and services to VA has either been fulfilled or terminated, such that VA can cut off electronic and/or physical access for contractor personnel.

4.3.6. In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information and information systems (logical and physical) by contractor/subcontractor personnel. These measures include (but are not limited to): removing and ten securing Personal Identity Verification (PIV) badges and PIV – Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens. Contractors shall notify the appropriate VA COR/CO immediately to initiate access removal.

4.3.7. Contractors/subcontractors who no longer require VA accesses will return VA-issued property to VA. This property includes (but is not limited to): documents, electronic equipment, keys, and parking passes. PIV and PIV-I access badges shall be returned to the nearest PIV badge Issuance Office. Once they have had access to VA information, information systems, networks and VA property in their possessions removed, contractors shall notify the appropriate VA COR/CO.

4.4. Training – This entire section applies to all acquisitions which include section 3.

4.4.1. All contractors and subcontractors requiring access to VA information and VA information systems shall successfully complete the following before being granted access to VA information and its systems:

4.4.1.1. VA Privacy and Information Security Awareness and Rules of Behavior course (Talent Management System (TMS) #10176) initially and annually thereafter.

4.4.1.2. Sign and acknowledge (electronically through TMS #10176) understanding of and responsibilities for compliance with the Organizational Rules of Behavior, relating to access to VA information and information systems initially and annually thereafter; and

4.4.1.3. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system or information access [to be defined by the VA program official and provided to the VA CO for inclusion in the solicitation document – i.e., any role-based information security training].

4.4.2. The contractor shall provide to the COR/CO a copy of the training certificates and certification of signing the Organizational Rules of Behavior for each applicable employee within five days of the initiation of the contract and annually thereafter, as required.

4.4.3. Failure to complete the mandatory annual training is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the required training is complete.

4.5. Security Incident Investigation – This entire section applies to all acquisitions requiring any Information Security and Privacy language.

4.5.1. The contractor, subcontractor their employees, or business associates shall immediately (within one hour) report suspected security/privacy incidents to the VA OIT’s Enterprise Service Desk (ESD) by calling (855) 673-4357 (TTY: 711). The ESD is OIT’s 24/7/365 single point of contact for IT-related issues. After reporting to the ESD, the contractor, subcontractor, their employees, or business associates shall, within one hour, provide the COR/CO the incident number received from the ESD.

4.5.2. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved and the circumstances surrounding the incident, including the following:

4.5.2.1. The date and time (or approximation of) the Security Incident occurred.

4.5.2.2. The names of individuals involved (hen applicable).

4.5.2.3. The physical and logical (if applicable) location of the incident.

4.5.2.4. Why the Security Incident took place (i.e., catalyst for the failure).

4.5.2.5. The amount of data belonging to VA believed to have been compromised.

4.5.2.6. The remediation measures the contractor is taking to ensure no future incidents of a similar nature.

4.5.3. After the contractor has provided the initial detailed incident summary to the VA, they will continue to provide written updates on any new and relevant circumstances or facts they discover. The contractor, subcontractor, and their employees shall fully cooperate with VA or third-party entity performing an independent risk analysis on behalf of VA. Failure to cooperate may be deemed a material breach and grounds for contract termination.

4.5.4. VA IT contractors shall follow VA Handbook 6500, Risk Management Framework for VA Information Systems VA Information Security Program, and VA Information Security Knowledge Service guidance for implementing an Incident Response Plan or integrating with an existing VA implementation.

4.5.5. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of urisdiction, including the VA OIG, and the VA Office of Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

4.5.6. The contractor shall comply with VA Handbook 6500.2, Management of Breaches Involving Sensitive Personal Information, which establishes the breach management policies and assigns responsibilities for the oversight, management and reporting procedures associated with managing of breaches.

4.5.7. With respect to unsecured Protected Health Information (PHI), the contractor is deemed to have discovered a data breach when the contractor knew or should have known of breach of such information. When a business associate is part of VHA contract, notification to the covered entity (VHA) shall be made in accordance with the executed BAA.

4.5.8. If the contractor or any of its agents fails to protects VA sensitive personal information or otherwise engages in conduct which results in a data breach involving any VA sensitive personal information the contractor/subcontractor processes or maintains under the contract; the contractor shall pay liquidated damages to the VA as set forth in clause 852.211-76, Liquidated Damages-Reimbursement for Data Breach Costs.

5. Contractor Furnished Items: The Contractor shall furnish all supplies, equipment, facilities and services required to perform the service under this contract. The Contractor shall perform all work in accordance with this Statement of Work.