Attachment D.1 - Statement of Work_ScriptPro.pdf

North Texas VA Health Care System (VAHCS-NTX)

SCRIPTPRO

Statement of Work (SOW)

A. GENERAL INFORMATION

The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services as required for installation and support of

Brand Name Only Scriptro Equipment. The Contractor must provide all labor, material, tools, management, travel, software, and equipment necessary to supply, install and provide support services for complete installation of fully integrated medication delivery system which includes a

Robotic Prescription Dispensing System, Workstations, Enterprise Workflow Management

Platform and Software, Custom Fixtures, and Support Services to support the Outpatient Satellite

Pharmacy in the Emergency Department at Dallas VAMC 4500 S Lancaster Rd Dallas, TX

75216. The government makes no representation or guarantees as to the condition of equipment on the start date of the contract.

A site visit and inspection of all equipment condition is mandatory.

1. SCOPE OF WORK:

1.1. Contractor will deliver, install the VA equipment and software during normal business hours unless prior authorization is given by the COR, Contracting Officer, or designated representative.

1.2. The Contractor is responsible for providing all items listed on the quote and fully installing the equipment, calibrating, testing, and evaluating the equipment after installation to include all other agreements pursuant to the quote and training of on-site staff in use of equipment.

1.3. The equipment must interface with VISTA, CPRS and Pharmacy Program Management.

2. DESCRIPTION OF WORK:

2.1. The contractor shall provide all required services for the installation of VA equipment and software in accordance with the original equipment manufacturer specifications. Reference below for software type and the required services.

2.2. Equipment and Software: fully integrated medication delivery system which includes a Robotic

Prescription Dispensing System, Workstations, Workflow Management Software, Custom

Fixtures, and Support Services.

2.3. The equipment must interface with VISTA, CPRS and Pharmacy Program Management.

2.4. Equipment and Software install location: Outpatient Satellite Pharmacy in the Emergency

Department at Dallas VAMC 4500 S Lancaster Rd Dallas, TX 75216

Primary Statement of Work includes the installation and activation of equipment and services as listed in the AFBS Equipment List, which encompasses:

• Robotic Prescription Dispensing System

• Workstations

• Enterprise Workflow Management Platform and Software

• Custom Fixtures

• Support Services

All components will be installed, configured, and integrated to function as a cohesive system supporting outpatient pharmacy operations.

Deliverables

• Installation of all equipment and software as listed in the AFBS Equipment List

• System integration and testing

• Staff training and go-live support

• Documentation and operational readiness

The contractor shall comply with Federal, State, local laws, and regulations applicable to the performance of this contract. Adherence to Joint Commission Accreditation Healthcare Organization

(JCAHO) and Original Equipment Manufacturer’s standards is mandatory.

FACILITY POINT OF CONTACT

POC: Riazul Hasan

Email: Riazul.Hasan@va.gov

POC: Donnie Johnson

Email: donnie.johnson1@va.gov

POC: Jilly Nyangor

Email: jilly.nyangor@va.gov

Work will be performed at: Dallas VAMC 4500 S Lancaster Rd Dallas, TX 75216

3. HOURS OF OPERATION

Normal hours of operation are Monday through Friday from 8:00 am to 4:30 pm CST, excluding holidays. All services shall be performed during normal hours of coverage unless requested and approved by the COR (or authorized designee). The Contractor will commence work in connection with this

Agreement within a commercially reasonable period of time based on the contract type purchased by

Customer. If the Customer requests Services to be performed outside the Normal Working Hours, such

Services will be furnished on a commercially reasonable efforts basis.

Service response time will vary depending upon factors including, but not limited to, distance from the nearest Contractor service center, workload, weather conditions, and the critical nature of Custom, and parts for the VA software and equipment in accordance with the original equipment manufacturer specifications.

Due to the nature of the project, the Contractor understands that a portion of the work will be performed in occupied areas. Therefore, work shall be performed in strict accordance with the Conformance

Standards and OSHA regulations. Contractor shall perform work in a professional manner and shall minimize the disruption of normal operations of the facility including the occupied patient and staff areas.

Federal and National Holidays observed by the VAMC are:

mailto:Riazul.Hasan@va.gov mailto:donnie.johnson1@va.gov mailto:jilly.nyangor@va.gov

National Holidays Federal Holidays

New Year's Day

Labor Day

Memorial Day

Juneteenth

Thanksgiving Day

Christmas Day

M L King's Birthday

Columbus Day

President's Day

Veterans Day

Independence Day

Also included would be any other day specifically declared by the President of the United States to be a

National Holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

Reference below (& attached) for equipment type and the required service. Contractor shall perform on site visit to conduct accurate scope of equipment prior to contract award.

4. CONFORMANCE STADARDS

Contractor shall ensure that the equipment functions in conformance with the latest published edition of the applicable standards, such as: NFPA-99, UL, OSHA, JCAHO, VA, etc. and the

“Manufacturer's Performance Standards/ specifications” as used when the equipment was originally procured and that any upgrades/updates shall meet or exceed the stated standards/specifications.

5. PARTS

a. The Contractor has ready access, no more than three (3) business days, to all parts, including unique and/or high mortality replacement parts. Contractor is not responsible for delays beyond the contractor’s reasonable control. Contractor shall communicate status of delays within three

(3) business days.

b. The contract shall include all parts except, if applicable, those parts specifically listed as being excluded. The contractor shall use new or rebuilt parts which meet or exceed OEM standards for equivalent quality and reliability as a new part. Used parts or those removed from another system shall not be installed without specific approval by the CO or the COR.

c. The contractor shall not modify the system to facilitate replacement parts that are not identical to the part being replaced unless such modification was developed, approved, and released by the

OEM.

d. The following items are excluded from coverage: user-replaceable expendable parts/supplies and parts replaced for cosmetic reasons. The Contractor shall also list any additional excluded parts under the service contract.

e. Any hardware, such as a hard drive, which contained patient information, shall be sanitized in accordance with National Security Agency standards by VAHCS-NTX staff prior to being removed from the VAHCS-NTX.

6. SERVICE MANUALS/TOOLS/EQUIPMENT

a. The VAHCS-NTX shall not provide tools, (test) equipment, service manuals, or service diagnostic software to the contractor. Contractor shall obtain, have on file, and make available to its service technician all operational and technical documentation (such as operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract.

b. CONTRACTORS TOOLS/EQUIPMENT: Upon request of the COR or the Contracting Officer, the Contractor shall provide a copy of the current Calibration Certification of all test equipment which is to be used by the Contractor to perform service under this contract. Calibration of equipment shall be traceable and in conformance with test equipment Original Equipment

Manufacturer standards.

7. SOFTWARE APPLICATIONS

The Contractor will provide and update all software applications, as they become available, through usual commercial channels. The Contractor will make recommendations for application upgrades. “Software” means the application software and license to the Customer by the original software developer. “Customer” means the site of the firm, group, company, or corporation.

8. SOFTWARE SUPPORT SERVICES

The Contractor must provide unlimited telephone and email support to Customer inquiries regarding the use and operation of the software. This does not include training in the use of the software, customer modifications, product development, or modification of existing source codes belonging to the Government.

Software fixes, patches, and free software updates must be made available through the duration of the contract.

9. TROUBLESHOOTING AND REPAIR

Any problems with the system must be isolated and repaired by the Contractor. The Contractor will trouble shoot the hardware, software, and communications equipment to determine the best method of repair. If problems are found, the Contractor shall contact the appropriate and authorized maintenance organization or company and track the trouble call until it is resolved.

10. CONTRACTOR RESPONSIBILITIES

During the term of this contract, the Contractor will provide support at the Customers request and will use its best efforts to provide prompt software support services to the Customer by telephone.

The Contractor will provide telephone support to Customers between the hours of 8:00 am and

4:30 pm Central time, Monday through Friday, excluding holidays recognized by the VA. The

Contractor will use its best efforts to respond promptly to all inquiries by the customer within one

(1) hour of notification that service is required.

11. REPORTING REQUIREMENTS

The contractor shall provide the Project Manager/Task Manager (PM/TM) with written progress reports (original plus three (3) copies). These are due to the PM/TM by the second (2nd) workday following the end of each services perform, throughout the project's duration. The PM/TM is required to provide progress reports to the Contracting Officer’s Representative (COR) by the second (2nd) workday after services are render.

The progress report shall cover all work completed during service call and shall present the work to be accomplished during the subsequent call. This report shall also identify any problems that arose, along with a statement explaining how the problem was resolved. This report shall also identify any problems that have arisen but have not been completely resolved, with an explanation.

12. SERVICING REQUIREMENT:

a. Technician performing work must be Scriptpro certified on Scriptpro equipment models.

b. Scriptpro OEM parts to be used on any preventative maintenance or regular maintenance performed.

c. Contractor must have previously geographically covered and will continue to cover the VA NTX

Healthcare system.

d. Contractor must have physical presence in the geographical area of the VA NTX Healthcare system.

e. The Contractor’s staff shall include a “fully qualified” Field Service Representative assigned to this area and a “fully qualified” Field Service Representative who shall serve as the backup.

f. “Fully qualified” is based upon training and on experience in the field. For training, the Field

Service Representatives must have successfully completed a formalized training program for the equipment covered under this contract. For field experience, the Field Service Engineers must have a minimum of one (1) year of experience providing preventive maintenance and emergency repair services on the same make and model of equipment covered under this contract.

g. Personnel with any laptops, thumb drives or CD/DVD’s intended to be plugged in to the equipment are required to allow these devices to be scanned by Biomedical Engineering personnel for malware before they are plugged in to the systems.

h. The government will determine on a Service Request (SR) basis what positions are considered key personnel. The contractor shall identify, by name, the key management and technical personnel who will work under this task order at the time the work is being negotiated. If a key person becomes unavailable to complete the SR, a proposed Substitution(s) list of key personnel with a resume of qualifications shall be made available to the CO and COR. The CO and COR will approve/disapprove substitution(s). Once approval has been provided the substitution will be allowed to work on SR.

i. The government will not dictate specific experience and education requirements of the employees initially proposed to perform the work stated herein.

j. The contractor must inform the VHA COR, and Project Manager/Task Manager when personnel are removed from the contract for any reason. The Contractor shall remove any employee from the performance of this contract within five (5) workdays of receiving notice from the Contracting

Officer that the employee's performance is unsatisfactory.

k. All Contractor employees are subject to immediate removal from performance of this contract when they are involved in a violation of the law, VA security, confidentiality requirements and/or other disciplinary reasons.

13. QUALITY ASSURANCE SURVEILANCE PLAN (QASP)

COR shall use surveillance methods listed below in the administration of this QASP.

• DIRECT OBSERVATION. (Can be performed periodically or through 100% surveillance.)

a. COR shall periodically review major aspects of the SOW to include response time, quality of services provided, and equipment uptime.

b. COR shall utilize direct observations both from the COR, as well as those of the using department or section to ensure a full 360-degree review of the level of service provided.

• PERIODIC INSPECTION. (Evaluates outcomes on a periodic basis. Inspections shall be unscheduled, as required.)

a. COR shall routinely inspect service records supplied by vendor with using service to ensure quality of service and positive customer interaction.

b. COR shall periodically monitor interaction of vendor with using service to ensure services are provided timely, efficiently, and meet the customer’s needs.

• VALIDATED USER/CUSTOMER COMPLAINTS. (Relies on the customer to identify deficiencies. Complaints are then investigated and validated.)

a. COR shall routinely engage customers in discussions regarding services rendered and ensure that all communications from the vendor are professional.

b. COR shall review customer complaints regarding system maintenance, downtime, and general communication with vendor, to ensure vendor is aware of any situations where a high-quality of service may have been compromised.

14. SECURITY STATEMENT:

a. The Vendor will not transfer any VA information to a location outside the VA and only to VA locations determined by the VA System Administrator. The information in these systems may be covered by the Privacy Act 1974 which contains criminal penalties of abuse of information.

b. For Remote access the vendor will not be issued a userID/Password to the systems covered under this contract. A VA IT system administrator will initiate a collaborative software utility (for example Net Meetings) and invite the vendor to join. The VA system administrator will log into the systems using their credentials and allow vendor to watch the results as the system administrator follows the directions of the vendor. In some situations, the system administrator may give control of the system administrator’s desktop to the vendor. The system administrator will supervise and BE RESPONSIBLE for the actions of the vendor.

c. The COTR is responsible for the actions of the system administrator. The Vendor and all VA employees are required to immediately report any security violations to the Information Security

Officer. No other security statements are required.

d. During onsite service, the Vendor shall be chaperoned by a VA System Administrator. The vendor shall not be issued a UserID/Password. The chaperon shall log the vendor onto the system and be accountable for the actions of the vendor. The Vendor shall not enter or will immediately leave the computer room if the chaperon is not in the computer room.

e. Non-volatile memory devices, working or non-working, shall NOT be removed from the VA. For magnetic devices and media, the data destruction will be by degaussing. Other forms of cleansing will be used for non-magnetic media.

15. INFORMATION TECHNOLOGY SECURITY REQUIREMENTS SECTION

As prescribed in 839.201, insert the following clause: the contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and

Handbooks regarding information and information system security as delineated in this contract.

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.

16. 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.

17. 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 onsite 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.

f. 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 to the contractor or third party or terminate the contract for default or terminate for cause under

Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate

Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with

VA’s prior written approval. The contractor /subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor 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 health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

18. GENERAL RULES OF BEHAVIOR

a) Rules of Behavior are part of a comprehensive program to provide complete information security.

These rules establish standards of behavior in recognition of the fact that knowledgeable users are the foundation of a successful security program. Users must understand that taking personal responsibility for the security of their computer and the information it contains is an essential part of their job.

b) The following rules apply to all VA contractors. I agree to:

(1) Follow established procedures for requesting, accessing, and closing user accounts and access. I will not request or obtain access beyond what is normally granted to users or by what is outlined in the contract.

(2) Use only systems, software, databases, and data which I am authorized to use, including any copyright restrictions.

(3) I will not use other equipment (OE) (non-contractor owned) for the storage, transfer, or processing of

VA sensitive information without a VA CIO approved waiver, unless it has been reviewed and approved by local management and is included in the language of the contract. If authorized to use OE

IT equipment, I must ensure that the system meets all applicable 6500 Handbook requirements for OE.

(4) Not use my position of trust and access rights to exploit system controls or access information for any reason other than in the performance of the contract.

(5) Not attempt to override or disable security, technical, or management controls unless expressly permitted to do so as an explicit requirement under the contract or at the direction of the COTR or ISO.

If I am allowed or required to have a local administrator account on a government-owned computer, that local administrative account does not confer me unrestricted access or use, nor the authority to bypass security or other controls except as expressly permitted by the VA CIO or CIO's designee.

(6) Contractors’ use of systems, information, or sites is strictly limited to fulfill the terms of the contract. I understand no personal use is authorized. I will only use other Federal government information systems as expressly authorized by the terms of those systems. I accept that the restrictions under ethics regulations and criminal law still apply.

(7) Grant access to systems and information only to those who have an official need to know.

(8) Protect passwords from access by other individuals.

(9) Create and change passwords in accordance with VA Handbook 6500 on systems and any devices protecting VA information as well as the rules of behavior and security settings for the particular system in question.

(10) Protect information and systems from unauthorized disclosure, use, modification, or destruction. I will only use encryption that is FIPS 140-2 validated to safeguard VA sensitive information, both safeguarding VA sensitive information in storage and in transit regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA.

(11) Follow VA Handbook 6500.1, Electronic Media Sanitization to protect VA information. I will contact the COTR for policies and guidance on complying with this requirement and will follow the

COTR's orders.

(12) Ensure that the COTR has previously approved VA information for public dissemination, including e-mail communications outside of the VA as appropriate. I will not make any unauthorized disclosure of any VA sensitive information through the use of any means of communication including but not limited to e-mail, instant messaging, online chat, and web bulletin boards or logs.

(13) Not host, set up, administer, or run an Internet server related to my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA unless explicitly authorized under the contract or in writing by the COTR.

(14) Protect government property from theft, destruction, or misuse. I will follow VA directives and handbooks on handling Federal government IT equipment, information, and systems. I will not take VA sensitive information from the workplace without authorization from the COTR.

(15) Only use anti-virus software, antispyware, and firewall/intrusion detection software authorized by

VA. I will contact the COTR for policies and guidance on complying with this requirement and will follow the COTR's orders regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with VA.

(16) Not disable or degrade the standard anti-virus software, antispyware, and/or firewall/intrusion detection software on the computer I use to access and use information assets or resources associated with my performance of services under the contract terms with VA. I will report anti-virus, antispyware, firewall or intrusion detection software errors, or significant alert messages to the COTR.

(17) Understand that restoration of service of any VA system is a concern of all users of the system.

(18) Complete required information security and privacy training, and complete required training for the particular systems to which I require access.

19. PERSONNEL

a. The contractor shall provide in writing the name and phone number of a Program Manager within (10) ten calendar days of the award of the contract. The Program Manager shall be a qualified and experienced manager to oversee the personnel assigned to perform the installation and maintenance services. The contractor’s Program Manager shall correspond with the COR on a regular basis to discuss any problems that the contractor or contractor’s personnel may be experiencing during the performance of this contract. Unresolved problems shall be referred to the Contracting Officer for resolution.

b. Contractor Service Personnel (CSP). All subcontractors performing work for primary contractor shall meet all specifications and standards that apply to CSP under this agreement. CSP shall maintain clean and neat appearance and shall wear an identification badge at all times when performing services at the Government site. Identification badges shall be worn in a clearly visible area of the outer garment. The COR shall furnish this badge. Due to conflict of interest, the contractor shall not employ a current DOD employee, military or civilian to provide services under this contract.

c. Government point of contact (POC). The COR will be the Government’s POC. If required, the

COR will be designated in writing to the Contractor and the scope of authority will be set forth therein. Contractor shall respond only to calls from COR or a designated representative from the

Medical Center.

20. ACRONYMS AND DEFINITIONS

a. Contracting Officer (CO). A person duly appointed with the authority to enter into and administer contracts on behalf of the U.S. Government.

b. Contracting Officer’s Representative (COR). An individual designated in writing by the

Contracting Officer to act as an authorized representative of the Contracting Officer to perform specific contract administrative functions within the scope and limitations as defined by the

Contracting Officer.

c. Equipment Ownership: Title to equipment shall remain with the contractor until installed and established. After completion, a satisfactory inventory and inspection is completed by

Contractor, COR, and Maintenance personnel. Upon approved inspection, title, equipment, accessories, and ownership will be released to VA North Texas Healthcare system (VANTHCS).

21. LIMITED WARRANTY.

a. All equipment listed on Schedule B and pursuant to the attached quote, shall be fit and sufficient for the purpose intended as set forth in the user manuals; and merchantable, of good quality and free from defects in materials or workmanship; for a period of one (1) year from the date of the first invoice under this agreement.

b. Maintenance and/or repairs that are not covered under the warranty will be paid by the

Government.

c. All records (administrative and program specific) created during the period of the contract belong to VA North Texas Health Care System (VANTXHCS) and must be returned to VANTXHCS at the end of the contract or destroyed in accordance to the VHA Record Control Schedule

(RCS)10-1.

22. PRIVACY STATEMENT

a. Contractors and any subcontractors must adhere to the provisions of Public Law 104-191, Health

Insurance Portability and Accountability Act

b. (HIPAA) of 1996. This includes both the Privacy and Security Rules published by the

Department of Health and Human Services (HHS).

c. As required by HIPAA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities, Veterans Health Administration (VHA). In accordance with HIPAA, the contractor may be required to enter into a Business Associate Agreement

(BAA) with VHA.

d. Business associates must follow VHA privacy policies and practices when applicable. All contractors and business associates must receive privacy training annually.

e. For contractors and business associates who do not have access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training, other VHA approved privacy training or contractor furnished training that meets the requirements of the HHS

Standards for Privacy of Individually Identifiable Health Information as determined by VHA.

f. For contractors and business associates who are granted access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training or other VHA approved privacy training. Proof of training is required upon request.

23. RECORDS MANAGEMENT

a. All records (administrative and program specific) created during the period of the contract belong to VAHCS-NTX and must be returned to VAHCS-NTX at the end of the contract or destroyed in accordance to the VHA Record Control Schedule (RCS)10-1.

b. 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.

c. 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.

d. 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.

e. VAHCS-NTX 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 VAHCS-NTX 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 VAHCS-NTX records officer. The agency must report promptly to NARA in accordance with 36 CFR 1230.

f. 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. 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

VAHCS-NTX 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).

g. 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 VAHCS-NTX guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

i. 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.

j. The VAHCS-NTX 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 [Agency] 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.

24. NARA Records Management Language for Contracts (May 2017)

a. 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.

b. 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.

c. 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.

d. VA North Texas Health Care System (VAHCS-NTX) 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 VAHCS-NTX 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.

e. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VAHCS-NTX. The agency must report promptly to NARA in accordance with 36 CFR 1230.

f. 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 VAHCS-NTX 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).

g. 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 VAHCS-NTX guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

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

j. 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.

k. The VAHCS-NTX 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 VAHCS-NTX 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.

l. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent

Management System (TMS) Item #3873736, Records Management for Records Officers, and

Liaisons. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

25. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.