(C03) NNG15SD19B 36C10B2F0031 CDI Pro Award FINAL - signed.pdf

PAGE 1 OF1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

675-23-1-5900-0002

NNG15SD19B 11/18/2022 36C10B23F0031 36C10B23Q0047

11/09/22

Magda Tatiana Reyes 848-377-5260

EDT

136C10B Department of Veterans Affairs Technology Acquisition Center

32 Christopher Way Eatontown NJ 07724

X

541519

150 Employees

N/A

X

See Delivery Schedule

36C10B

Department of Veterans Affairs Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724

Alvarez LLC 161 Fort Evans Rd NE Ste 335 Leesburg, Virginia 20176-3375 Leesburg, Virginia 20176-337520 6 33

PHONE: FAX:

EPHONE NO UEIUEI

36C10A

Department of Veterans Affairs Technology Acquisition Center Financial Services Center PO Box 149971 Austin TX 78714-8971

ES/SERVICES QU

Clinical Documentation Improvement (CDI) Pro

Period of Performance: 12-months from date of award With one 12-month option periods

This RFQ will result in a Firm-Fixed Price Delivery Order

Contract Specialist: Tatiana Reyes; Magda.Reyes2@va.gov Contracting Officer: Matthew Newell, Matthew.Newell@va.gov

$2,273,911.24

7a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE

675-C30085 675-3630152-5900-841100-2580 0100653V1

X

___________ ________________________________ARD OF CONTRACT

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

O CO C G O C ( O )

Prescribed by

STANDARD

Matthew Newell Contracting Officer

MATTHEW NEWELL Digitally signed by MATTHEW NEWELL Date: 2022.11.20 23:51:45 -05'00'

Robert Slover Account Executive 11/21/2022

NNG15SD19B 36C10B23F0031

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 GOVERNING LAW

B.2 SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT

SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT:

B.3 CONTRACT ADMINISTRATION DATA

B.4 PRICE SCHEDULE

B.5 PRODUCT DESCRIPTION

SECTION C - CONTRACT CLAUSES

C.1 NASA SEWP RFQ INTRODUCTORY LANGUAGE

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...41

C.5 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION

OF COMMERCIAL ITEMS (APR 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 GOVERNING LAW

Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Contract/Order. Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto, as permitted by FAR 12.212. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14.

Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ) in accordance with 28 U.S.C. § 516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.

B.2 SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT

SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT:

(1) Definitions.

(a) Licensee. The term “licensee” shall mean the U.S.

Department of Veterans Affairs (“VA”) and is synonymous with “Government.”

(b) Licensor. The term “licensor” shall mean the contractor having the necessary license or ownership rights to deliver license, software maintenance and support of the computer software being acquired. The term “contractor” is the party identified in Block 17a on the SF1449. If the contractor is a reseller and not the Licensor, the contractor remains responsible for performance under this order.

(c) Software. The term “software” shall mean the licensed computer software product(s) cited in the Schedule of Supplies/Services.

(d) Maintenance. The term “maintenance” is the process of enhancing and optimizing software, as well as remedying defects. It shall include all new fixes, patches, releases, updates, versions and upgrades, as further defined below.

(e) Technical Support. The term “technical support” refers to the range of services providing assistance for the software via the telephone, email, a website or otherwise.

(f) Release or Update. The term “release” or “update” are terms that refer to a revision of software that contains defect corrections, minor enhancements or improvements of the software’s functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware.

(g) Version or Upgrade. The term “version” or “upgrade” are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version

5.4 to 6).

(2) Software License

(a) The Government may use the software in a networked environment.

(b) Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d).

(c) All limitations of software usage are expressly stated in the Schedule of Supplies/Services and the Performance Work Statement/Product Description.

(3) Software Maintenance and Technical Support

(a) If the Government desires to continue software maintenance and support beyond the period of performance identified in this contract or order, the Government will issue a separate contract or order for maintenance and support.

Conversely, if a contract or order for continuing software maintenance and technical support is not received the contractor is neither authorized nor permitted to renew any of the previously furnished services.

(b) The contractor shall provide software support services, which includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the contractor to its commercial customers so as to cause the software to perform according to its specifications, documentation or demonstrated claims.

(c) Any telephone support provided by contractor shall be at no additional cost.

(d) The contractor shall provide all maintenance services in a timely manner in accordance with the contractor’s customary practice or as defined in the Performance Work Statement/Product Description. However, prolonged delay (exceeding 2 business days) in resolving software problems will be noted in the Government’s various past performance records on the contractor (e.g., www.ppirs.gov).

(e) If the Government allows the maintenance and support to lapse and subsequently wishes to reinstate it, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed the subscription to lapse.

(4) Disabling Software Code. The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such disabling code is present, the contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the contractor agrees to remove such code upon the Government’s request at no extra cost to the Government. Inability of the contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of contract, and the Government may exercise its right to terminate for cause.

B.3 CONTRACT ADMINISTRATION DATA

(Continuation from Standard From 1449, block 18A)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: Alvarez LLC 161 Fort Evans Rd NE Ste 335 Leesburg, Virginia 20176-3375

b. GOVERNMENT: Matthew Newell

Contracting Officer 36C10B Department of Veterans Affairs Technology Acquisition Center 23 Christopher Way Eatontown NJ 07724

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] IAW Section B.4 Price Schedule

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

36C10B23Q0047 0001

11/14/2022

B.4 PRICE SCHEDULE

All deliverables must be submitted electronically to the VA Program Manager (PM), Contracting Officer’s Representative (COR), and Contracting Officer unless otherwise specified in the line item. Please be advised that in accordance with Federal Acquisition Regulation (FAR) Part 2.101, a “day” means, unless otherwise specified, a CALENDAR Day. Additionally, deliverables with due dates falling on a weekend or holiday shall be submitted the following Government workday after the weekend or holiday.

The Price Schedule contains Contract Line Items Numbers (CLIN) identified as not separately priced (NSP). This means the price for the line item is included in the price of another, related line item. The Contractor shall not invoice the Government for any portion of the contract line item which contains an NSP until the Contractor has delivered the total quantity of all related contract line items and the Government has accepted them.

F.O.B.: Destination Inspection/Acceptance: Destination Electronic Submission to: VA PM, COR, and CO

BASE PERIOD

Period of Performance (PoP) shall be November 18, 2022 through November 17, 2023.

CLIN DESCRIPTION QTY UNIT

UNIT

PRICE TOTAL PRICE

0001 GAINESVILLE

Clintegrity 360 | VA CDI Pro, Term, Annual IP Admissions Lic. (10K- 20K). Facility Annual License - up to 6 concurrent user licenses.

QVA-CDI-LG- SVC

Include SKU QVA CDI-LG-TRM when ordering.

POP: 11/18/2022 – 11/17/2023

1 EA $95,852.51 $95,852.51

0002 TAMPA, ORLANDO, BAY PINES,

MIAMI, WEST PALM BEACH, SAN

JUAN

Clintegrity 360 | VA CDI Pro, Term, Annual IP Admissions Lic. (2,001K- 10K). Facility Annual License - up to 4 concurrent user licenses.

QVA-CDI-MD- SVC

Include SKU QVA CDI-MD-TRM when ordering

6 EA $68,200.10 $409,200.60

POP: 11/18/2022 – 11/17/2023

0003 TAMPA, ORLANDO, BAY PINES,

MIAMI, WEST PALM BEACH, SAN

JUAN

Clintegrity | 360 VA CDI Pro, Term, Annual User Lic. (single facility)

QVA-CDI-USR- SVC

POP: 11/18/2022 – 11/17/2023

1 EA $13,892.62 $13,892.62

0004 CDI PROGRAM ONGOING

SUPPORT PACKAGE

VA CDI Pro Support Package includes: access to Web Based Didactic Training, Program Management Tools, CDI Physician Advisor, Physician Service

VACDI-PIMPL- PRO

POP: 11/18/2022 – 11/17/2023

7 EA $12,285.90 $86,001.30

0005 QUARTERLY INPATIENT CDI

AUDIT PER QUARTER, PER CDIS

TO INCLUDE 25 RETROSPECTIVE

AND 5 CONCURRENT REVIEWS

Consulting Fee, 1 Consultant, daily.

QCONSU-CON1

POP: 11/18/2022 – 11/17/2023

140 EA $2,034.85 $284,879.00

0006 QUARTERLY OUTPATIENT CDI

AUDIT PER QUARTER, PER CDIS

TO INCLUDE 30 RETROSPECTIVE

REVIEWS/FACILITY

Consulting Fee, 1 Consultant, daily.

QCONSU-CON1

POP: 11/18/2022 – 11/17/2023

56 EA $2,034.85 $113,951.6

0007 VA CDI PRO INPATIENT

CONTINUING EDUCATION

Consulting Fee, 1 Consultant, daily.

42 EA $2,034.85 $85,463.70

QCONSU-CON1

0008 PEER-TO-PEER MONTHLY

PHYSICIAN TRAINING

PHY-PP-CONS

Physician Peer to Peer Consulting Services (Per Hour)

POP: 11/18/2022 – 11/17/2023

156 EA $840.14 $131,061.84

0009 PEER-TO-PEER MONTHLY

PHYSICIAN TRAINING

HIM/Business Office Senior Consultant, per hour

QHIMBO-SCON

POP: 11/18/2022 – 11/17/2023

208 EA $200.50 $41,704.00

0010 INPATIENT CDI PEER-TO-PEER

PHYSICIAN EDUCATION

REFRESHER

Physician Peer to Peer Consulting Services (Per Hour)

PHY-PP-CONS

POP: 11/18/2022 – 11/17/2023

112 EA $756.12 $84,685.44

0011 OUTPATIENT CDI WORKFLOW

PROCESS (OPTIMIZATION)

Workflow Analysis, Revenue Improvement Professional Services/Product Utilization Enhancement Project, limited

QWFA-RIP-LCON

POP: 11/18/2022 – 11/17/2023

7 EA $20,476.50 $143,335.50

0012 WORKFLOW ANALYSIS

Workflow Analysis, Revenue Improvement Professional Services/Product Utilization Enhancement Project including 7 licenses for 7 hospitals.

7 EA $68,255.00 $477,785.00

QWFA-RI-PROS

0013 VA CDI PRO OUTPATIENT

SOFTWARE LICENSE / SERVICES

Nuance Clintegrity VA CDI Pro Outpatient; annual term license; on premise including 7 licenses for 7 hospital.

VACDI-OP-TERM

7 EA $16,210.56 $113,473.92

0014 VA CDI PRO OUTPATIENT

SOFTWARE LICENSE / SERVICES

Consulting Fee, 1 consultant daily.

QCONSU-CON1

POP: 11/18/2022 – 11/17/2023

21 EA $1,808.76 $1,808.76

0015 VA CDI PRO OUTPATIENT

SOFTWARE LICENSE / SERVICES

Implementation and Training Fee, daily rate, 1 instructor

QIMP-TRN1

POP: 11/18/2022 – 11/17/2023

1 EA 2,260.95 $47,479.95

0016 OUTPATIENT PEER-TO-PEER CDI

EDUCATION FOR PHYSICIANS

Workflow Analysis, Revenue Improvement Professional Services/Product Utilization Enhancement Project, limited

QWFA-RIP-LCON

POP: 11/18/2022 – 11/17/2023

7 EA $20,476.50 $143,335.50

TOTAL BASE PERIOD $2,273,911.24

OPTION PERIOD 1. THIS OPTION MAY BE EXERCISED IN ACCORDANCE WITH FAR 52.217-9

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000). Work shall not commence until, and unless, formal modification is issued by the Contracting Officer. If exercised, this option shall commence immediately after expiration of the base year.

Period of Performance (PoP) shall be November 18, 2023 through November 17, 2024.

CLIN DESCRIPTION QTY UNIT

UNIT

PRICE TOTAL PRICE

1001 GAINESVILLE

Clintegrity 360 | VA CDI Pro, Term, Annual IP Admissions Lic. (10K- 20K). Facility Annual License - up to 6 concurrent user licenses.

QVA-CDI-LG- SVC

Include SKU QVA CDI-LG-TRM when ordering.

POP: 11/18/2023 – 11/17/2024

1 EA $98,728.10 $98,728.10

1002 TAMPA, ORLANDO, BAY PINES,

MIAMI, WEST PALM BEACH, SAN

JUAN

Clintegrity 360 | VA CDI Pro, Term, Annual IP Admissions Lic. (2,001K- 10K). Facility Annual License - up to 4 concurrent user licenses.

QVA-CDI-MD- SVC

Include SKU QVA CDI-MD-TRM when ordering

POP: 11/18/2023 – 11/17/2024

6 EA $70,246.11 $421,476.66

1003 TAMPA, ORLANDO, BAY PINES,

MIAMI, WEST PALM BEACH, SAN

JUAN

Clintegrity | 360 VA CDI Pro, Term, Annual User Lic. (single facility)

QVA-CDI-USR- SVC

POP: 11/18/2023 – 11/17/2024

1 EA $14,309.40 $14,309.40

1004 CDI PROGRAM ONGOING

SUPPORT PACKAGE

7 EA $12,654.48 $88,581.36

VA CDI Pro Support Package includes: access to Web Based Didactic Training, Program Management Tools, CDI Physician Advisor, Physician Service

VACDI-PIMPL- PRO

POP: 11/18/2023 – 11/17/2024

1005 QUARTERLY INPATIENT CDI

AUDIT PER QUARTER, PER CDIS

TO INCLUDE 25 RETROSPECTIVE

AND 5 CONCURRENT REVIEWS

Consulting Fee, 1 Consultant, daily.

QCONSU-CON1

POP: 11/18/2023 – 11/17/2024

140 EA $2,095.90 $293,426.00

1006 QUARTERLY OUTPATIENT CDI

AUDIT PER QUARTER, PER CDIS

TO INCLUDE 30 RETROSPECTIVE

REVIEWS/FACILITY

Consulting Fee, 1 Consultant, daily.

QCONSU-CON1

POP: 11/18/2023 – 11/17/2024

56 EA $2,095.90 $117,370.40

1007 VA CDI PRO INPATIENT

CONTINUING EDUCATION

Consulting Fee, 1 Consultant, daily.

QCONSU-CON1

POP: 11/18/2023 – 11/17/2024

42 EA $2,095.90 $88,027.80

1008 PEER-TO-PEER MONTHLY

PHYSICIAN TRAINING

PHY-PP-CONS

Physician Peer to Peer Consulting Services (Per Hour)

POP: 11/18/2023 – 11/17/2024

156 EA $865.34 $134,993.04

1009 PEER-TO-PEER MONTHLY

PHYSICIAN TRAINING

208 EA $206.51 $42,954.08

HIM/Business Office Senior Consultant, per hour

QHIMBO-SCON

POP: 11/18/2023 – 11/17/2024

1010 INPATIENT CDI PEER-TO-PEER

PHYSICIAN EDUCATION

REFRESHER

Physician Peer to Peer Consulting Services (Per Hour)

PHY-PP-CONS

POP: 11/18/2023 – 11/17/2024

112 EA $778.81 $87,226.72

1011 OUTPATIENT CDI WORKFLOW

PROCESS (OPTIMIZATION)

Workflow Analysis, Revenue Improvement Professional Services/Product Utilization Enhancement Project, limited

QWFA-RIP-LCON

POP: 11/18/2023 – 11/17/2024

7 EA $21,090.80 $147,635.60

1012 WORKFLOW ANALYSIS

Workflow Analysis, Revenue Improvement Professional Services/Product Utilization Enhancement Project including 7 licenses for 7 hospitals.

QWFA-RI-PROS

POP: 11/18/2023 – 11/17/2024

7 EA $70,302.65 $492,118.55

1013 VA CDI PRO OUTPATIENT

SOFTWARE LICENSE / SERVICES

Nuance Clintegrity VA CDI Pro Outpatient; annual term license; on premise including 7 licenses for 7 hospitals.

VACDI-OP-TERM

POP: 11/18/2023 – 11/17/2024

7 EA $16,696.88 $116,878.16

1014 VA CDI PRO OUTPATIENT

SOFTWARE LICENSE / SERVICES

Consulting Fee, 1 consultant daily.

QCONSU-CON1

POP: 11/18/2023 – 11/17/2024

21 EA $2,328.78 $48,904.38

1015 VA CDI PRO OUTPATIENT

SOFTWARE LICENSE / SERVICES

Implementation and Training Fee, daily rate, 1 instructor

QIMP-TRN1

POP: 11/18/2023 – 11/17/2024

1 EA $1,808.76 $1,808.76

1016 OUTPATIENT PEER-TO-PEER CDI

EDUCATION FOR PHYSICIANS

Workflow Analysis, Revenue Improvement Professional Services/Product Utilization Enhancement Project, limited

QWFA-RIP-LCON

POP: 11/18/2023 – 11/17/2024

7 EA $21,090.80 $147,635.60

TOTAL OPTION PERIOD 1 $2,342,074.61

TOTAL PRICE $4,615,985.85

B.5 PRODUCT DESCRIPTION

PRODUCT DESCRIPTION (PD) TEMPLATE

DEPARTMENT OF VETERANS AFFAIRS

VA Sunshine Healthcare Network (VISN 8)

VISN 8 Business Development Office

Clinical Documentation Improvement (CDI) Pro

Date: 7/01/2022

TAC- VA-23-00001174

PD Version Number: 1.0

1.0 PRODUCT REQUIREMENTS

The required brand name Nuance Clintegrity 360 VA Clinical Documentation Improvement (CDI Pro) is a software product which interfaces with the medical record (CPRS) and VistA. The product is currently used by VISN 8 Business Development Program to effectively support and enhance effective, efficient CDI programs throughout VISN 8. Clinical Documentation Improvement is a process where the health record is manually reviewed either concurrently or retrospectively for ambiguous, conflicting, incomplete, or nonspecific provider documentation.

The Department of Veterans Affairs VISN 8 requires the following items for a period of service of a Base + one Option Year.

Period of Performance Base Year 11/18/2022 – 11/17/2023 Option Year 1

11/18/2023 – 11/17/2024

Part no. Description Qty Gainesville

QVA-CDI-LG- SVC Clintegrity 360 | VA CDI Pro, Term, Annual IP Admissions Lic. (10K-20K). Facility Annual License

- up to 6 concurrent user licenses. Include SKU QVA CDI-LG-TRM when ordering.

Tampa, Orlando, Bay Pines, Miami, West Palm Beach, San Juan QVA-CDI-MD- SVC Clintegrity 360 | VA CDI Pro, Term, Annual IP

Admissions Lic. (2,001K-10K). Facility Annual License - up to 4 concurrent user licenses. Include SKU QVA-CDI-MD-TRM when ordering.

QVA-CDI-USR- SVC Clintegrity | 360 VA CDI Pro, Term, Annual User Lic.

(single facility)

Continued Professional Services All VISN 8 Facilities (count: 7) CDI Program Ongoing Support Package

VACDI-PIMPL- PRO VA CDI Pro Post Implementation Professional Services

NOTE VA CDI Pro Support Package includes: access to Web Based Didactic Training, Program Management Tools, CDI Physician Advisor, Physician Service

Part no. Description Qty Quarterly Inpatient CDI Audit per quarter, per CDIS to include 25 retrospective and 5 concurrent reviews NOTE Quarterly IP CDI Audit per qrtr/per IP CDIS. Includes

25 retrospective & 5 concurrent reviews conducted during 1 week, summary analysis and webcast briefing x 1 inpatient CDI Specialist/facility. Recommended once per quarter per CDIS performing inpatient reviews.

NOTE Line item below are quoted at qty of 5 days per site per qtr. If not all sites require this service, qty may be adjusted for individual site purchase (5 days/site) and line item may be split into multiple lines items if needed to exercise this option.

QCONSU-CON1 Consulting Fee, daily rate, 1 consultant 35 (per consultant daily) NOTE Quarter 1 Option/facility

QCONSU-CON1 Consulting Fee, daily rate, 1 consultant 35(per consultant daily) NOTE Quarter 2 Option/facility

QCONSU-CON1 Consulting Fee, daily rate, 1 consultant 35 (per consultant daily) NOTE Quarter 3 Option/facility

QCONSU-CON1 Consulting Fee, daily rate, 1 consultant 35 (per consultant daily) NOTE Quarter 4 Option/facility

Quarterly Outpatient CDI Audit per quarter, per CDIS to include 30 retrospective reviews/facility

NOTE Quarterly Outpatient CDI Audit per facility. Includes 30 retrospective reviews (up to 10 of which can be ambulatory surgery charts) conducted during one week, summary analysis and webcast briefing per quarter x 1 outpatient CDI Specialists per facility

NOTE Line item below are quoted at qty of 2 days per site per qtr. If not all sites require this service, qty may be adjusted for individual site purchase (2 days/site) and line item may be split into multiple lines items if needed to exercise this option.

QCONSU-CON1 Consulting Fee, daily rate, 1 consultant

14 (per consultant daily) NOTE Quarter 1 Option/facility

QCONSU-CON1 Consulting Fee, daily rate, 1 consultant

14 (per consultant daily) NOTE Quarter 2 Option/facility

QCONSU-CON1 Consulting Fee, daily rate, 1 consultant

14 (per consultant daily) NOTE Quarter 3 Option/facility

QCONSU-CON1 Consulting Fee, daily rate, 1 consultant

14 (per consultant daily) NOTE Quarter 4 Option/facility

New Proposed CDI Solutions NOTE Includes 10% discount on VA CDI Pro IP Continuing

Education and IP CDI Peer-to-Peer Education Refresher

VA CDI Pro Inpatient Continuing Education QCONSU-CON1 Consulting Fee, daily rate, 1 consultant 42 (per consultant daily)

NOTE Unit price includes 5% VISN contract discount NOTE VA CDI Pro Post Implementation Continuing Education

Services (42 consulting days (estimated 6 days x 7 VAMCs))

NOTE Designed to meet VAMC needs include, but not limited to: Coding Clinic quarterly updates, CDI Challenging Scenarios Topic Education, “Clinical Rotation” (1-1 reviews of CDI workflow processes using Clintegrity VA CDI Pro software with live record reviews), VA CDI Pro IP new CDI user or refresher training (i.e., VA CDI Pro Reports/CDI Trak Reports, DRG Reconciliation training with case reviews, imports

NOTE Additional topics: VERA CDI and PSI Training, query tracking with query compliance, best practices, and live case(s), software best practices, introduction and best practices for Nuance University (Strategy Academy, Didactic, program resources, etc.), additional CDI audits beyond quarterly CDI audits in quote.

Peer-to-Peer Monthly Physician Training

PHY-PP-CONS Physician Peer to Peer Consulting Services (Per Hour)

QHIMBO-SCON HIM/Business Office Senior Consultant, per hour 208 NOTE Supports 12 monthly one-hour VISN-wide Physician

CDI Topic Education sessions over webcast, conducted two separate times and one quarterly single facility session for each of the seven VISN 8 VAMCs delivered by the Nuance Physician / CDI Consultant team delivered over a one-year period of performance.

Content typically includes 30-40 minutes of content with additional time for questions.

NOTE CDI topics may include: general CDI importance (IP and OP), HCCs, diagnostic topics such as: sepsis, pneumonia, respiratory failure, HF, Afib, renal failure, cerebral compression/edema, diabetes, deep tissue pressure injuries, social determinants of health, E&M

NOTE Includes development of session content, integration of VAMC's statistics and sample clarifications for quarterly VAMC sessions, and delivery via webcast.

NOTE Planning call with VA CDI leadership conducted at the start of the project and throughout with Nuance team of Physician Consultant, VA Outpatient CDI Consultant, VA Inpatient CDI Consultant, and Project Manager, which must take place a minimum of 3 weeks prior to first education session to define VISN monthly topics and schedule VISN and VAMC dates and times.

NOTE Each session may be billed upon delivery. Pricing reflects entire VISN purchase.

NOTE Signed Authorization/Release form must be received and processed 4 weeks in advance of scheduled education visit if VAMC plans to record any session.

Inpatient CDI Peer-to-Peer Physician Education Refresher

PHY-PP-CONS Physician Peer to Peer Consulting Services (Per Hour)

NOTE 2 day remote refresher Inpatient CDI Peer-to-Peer Physician Education sessions

NOTE Up to 4 general sessions per day (including leadership and HIMS/CDI meetings); 30-45 minute general sessions with 15 minute Q&A sessions; delivered by one Physician Consultant

NOTE Remote learning materials/content development of custom CDI training with outpatient focus and project management included in cost above.

Outpatient CDI Workflow Process (Optimization) QWFA-RIP-LCON Workflow Analysis, Revenue Improvement

Professional Services/Product Utilization Enhancement Project, limited

7 (per hospital)

NOTE Outpatient CDI audit retrospective review process assessment (current practices) and workflow training using VA tools based on OP CDI staff at that facility for key, targeted focus areas

NOTE Estimated 3-4 days delivered remotely plus additional remote analysis and support

Workflow Analysis QWFA-RI-PROS Workflow Analysis, Revenue Improvement

Professional Services/Product Utilization Enhancement Project

7 (per hospital)

NOTE Includes review of four service areas: e.g. - Same Day Surgery, Radiology Package, PACT, Cardiology (may substitute different service areas). Typically two four-

2.0 NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL

INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)

PROCUREMENTS (SECTION 508)

On January 18, 2017, the Architectural and Transportation Barriers Compliance Board (Access Board) revised and updated, in a single rulemaking, standards for electronic and information technology developed, procured, maintained, or used by Federal agencies covered by Section 508 of the Rehabilitation Act of 1973, as well as our guidelines for telecommunications equipment and customer premises equipment covered by Section 255 of the Communications Act of 1934. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities.

day weeks remote face-to-face and approximately two additional off site weeks, conducted remotely.

VA CDI Pro Outpatient Software License / Services VACDI-OP-TERM Nuance Clintegrity VA CDI Pro Outpatient; annual term license; on premise 7 (per hospital) NOTE 7 VISN 8 VAMCs

QCONSU-CON1 Consulting Fee, daily rate, 1 consultant 21 NOTE VA CDI Pro OP Implementation Training, 3 days remote implementation training per 7 VAMCs

QIMP-TRN1 Implementation and Training Fee, daily rate, 1 instructor

NOTE Installation and Configuration fee - 1 day will cover all facilities

Outpatient Peer-to-Peer CDI Education for Physicians QWFA-RIP-LCON Workflow Analysis, Revenue Improvement

Professional Services/Product Utilization Enhancement Project, limited

7 (per hospital)

NOTE Remote delivery of 2 days of custom CDI training with outpatient focus for approximately 200 physicians to extend physician training under the VA CDI Pro implementation services x 7 facilities.

NOTE Up to 4 general sessions per day (including leadership and HIMS/CDI meetings); 30-45 minute general sessions with 15 minute Q&A sessions; delivered by one Physician Consultant and one VA CDI/HIMS Consultant

NOTE Remote learning materials/content development of custom CDI training with outpatient focus and project management included in cost above.

2.1 SECTION 508 – INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)

STANDARDS

The Section 508 standards established by the Access Board are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure ICT.

These standards are found in their entirety at: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines. A printed copy of the standards will be supplied upon request.

Federal agencies must comply with the updated Section 508 Standards beginning on January 18, 2018. The Final Rule as published in the Federal Register is available from the Access Board: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule.

The Contractor shall comply with “508 Chapter 2: Scoping Requirements” for all electronic ICT and content delivered under this contract. Specifically, as appropriate for the technology and its functionality, the Contractor shall comply with the technical standards marked here:

E205 Electronic Content – (Accessibility Standard -WCAG 2.0 Level A and AA Guidelines)

E204 Functional Performance Criteria E206 Hardware Requirements E207 Software Requirements E208 Support Documentation and Services Requirements

2.2 COMPATABILITY WITH ASSISTIVE TECHNOLOGY

The standards do not require installation of specific accessibility-related software or attachment of an assistive technology device. Section 508 requires that ICT be compatible with such software and devices so that ICT can be accessible to and usable by individuals using assistive technology, including but not limited to screen readers, screen magnifiers, and speech recognition software.

2.3 ACCEPTANCE AND ACCEPTANCE TESTING

Deliverables resulting from this solicitation will be accepted based in part on satisfaction of the Section 508 Chapter 2: Scoping Requirements standards identified above.

The Government reserves the right to test for Section 508 Compliance before delivery.

The Contractor shall be able to demonstrate Section 508 Compliance upon Deliverables resulting from this solicitation will be accepted based in part on satisfaction of the Section 508 Chapter 2: Scoping Requirements standards identified above.

The Government reserves the right to test for Section 508 Compliance before delivery.

The Contractor shall be able to demonstrate Section 508 Compliance upon delivery.

3.0 SCHEDULE FOR DELIVERABLES

Place of Performance:

Bay Pines VA Healthcare System 10000 Bay Pines Boulevard Bay Pines, FL 33744

Miami VA Healthcare System 1201 N.W. 16th Street Miami, FL 33125

James A Haley Veterans Hospital/Tampa VAMC 13000 Bruce B. Downs Boulevard Tampa, FL 33612

North Florida/ South Georgia VA Healthcare System 1601 SW Archer Road Gainesville, FL 32608

Lake City VAMC 619 Marion Ave Lake City, FL 32025

Orlando VAMC 13800 Veterans Way Orlando, FL 32827

West Palm Beach VAMC 7305 N. Military Triangle Riviera Beach, FL 33410

VA Caribbean Healthcare System 10 Casia Street San Juan, PR 00921

Ship To and Mark For:

All deliveries will be electronic to:

Name: Jonathan Esteban Address: 140 Fountain Pkwy, Suite 600, St. Petersburg, FL 33716 Voice: (813) 560-6477 Email: jonathan.esteban@va.gov

4.0 GENERAL REQUIREMENTS

4.1 VA TECHNICAL REFERENCE MODEL

The Contractor shall support the VA enterprise management framework. In association with the framework, the Contractor shall comply with OI&T Technical Reference Model (VA TRM). The VA TRM is one component within the overall Enterprise Architecture (EA) that establishes a common vocabulary and structure for describing the information technology used to develop, operate, and maintain enterprise applications. Moreover, the VA TRM, which includes the Standards Profile and Product List, serves as a technology roadmap and tool for supporting OI&T. Architecture & Engineering Services (AES) has overall responsibility for the VA TRM.

4.2 SOCIAL SECURITY NUMBER (SSN) REDUCTION

The Contractor solution shall support the Social Security Number (SSN) Fraud Prevention Act (FPA) of 2017 which prohibits the inclusion of SSNs on any document sent by mail. The Contractor support shall also be performed in accordance with Section 240 of the Consolidated Appropriations Act (CAA) 2018, enacted March 23, 2018, which mandates VA to discontinue using SSNs to identify individuals in all VA information systems as the Primary Identifier. The Contractor shall ensure that any new IT solution discontinues the use of SSN as the Primary Identifier to replace the SSN with the Integrated Control Number (ICN) in all VA information systems for all individuals. The Contractor shall ensure that all Contractor delivered applications and systems integrate with the VA Master Person Index (MPI) for identity traits to include the use of the ICN as the Primary Identifier. The Contractor solution may only use a Social Security Number to identify an individual in an information system if and only if the use of such number is required to obtain information VA requires from an information system that is not under the jurisdiction of VA.

4.3 INTERNET PROTOCOL VERSION 6 (IPV6)

The Contractor solution shall support Internet Protocol Version 6 (IPv6) based upon the memo issued by the Office of Management and Budget (OMB) on November 19, 2020 (https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf). IPv6 technology, in accordance with the USGv6 Program (https://www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1), NIST Special Publication (SP) 500-267B Revision 1 “USGv6 Profile” (https://doi.org/10.6028/NIST.SP.500-267Br1), and NIST SP 800-119 “Guidelines for the Secure Deployment of IPv6” (https://doi.org/10.6028/NIST.SP.800-119), compliance shall be included in all IT infrastructures, application designs, application development, operational systems and sub-systems, and their integration. In addition to the above requirements, all devices shall support native IPv6 and dual stack (IPv6 / IPv4) connectivity without additional memory or other resources being provided by the Government, so that they can function in a mixed environment. All public/external facing servers and services (e.g.

web, email, DNS, ISP services, etc.) shall support native IPv6 and dual stack (IPv6 /

5.0 POINTS OF CONTACT

VA Program Manager:

Name: Shella Miller Address: 140 Fountain Pkwy, Suite 600, St. Petersburg, FL 33716 Voice: (813) 407-7819 Email: shella.miller@va.gov

Contracting Officer’s Representative:

Name: Jonathan Esteban Address: 140 Fountain Pkwy, Suite 600, St. Petersburg, FL 33716 Voice: (813) 560-6477 Email: jonathan.esteban@va.gov

Contracting Officer:

Name: Matthew Newell Address: 23 Christopher Way, Eatontown, NJ, 07724 Voice: 848-377-5170 Email: Matthew.Newell@va.gov

Contract Specialist:

Name: Tatiana Reyes Address: 23 Christopher Way, Eatontown, NJ, 07724 Voice: 848-377-5260 Email: Magda.Reyes2@va.gov

6.0 INFORMATION SECURITY CONSIDERATIONS:

The Assessment and Authorization (A&A) requirements do not apply, and a Security Accreditation Package is not required. All VA sensitive information shall be protected at all times in accordance with local security field office System Security Plans (SSP’s) and Authority to Operate (ATO)’s for all systems/LAN’s accessed while performing the tasks detailed in this Product Description.

A prohibition on unauthorized disclosure: “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).

A requirement for data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the Contractor/Subcontractor has access, the Contractor/Subcontractor shall immediately notify the COR and simultaneously, the designated ISO, and Privacy Officer for the contract. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph 6.a.

A requirement to pay liquidated damages in the event of a data breach: “In the event of a data breach or privacy incident involving SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of providing credit protection services to those individuals.” However, it is the policy of VA to forgo collection of liquidated damages in the event the Contractor provides payment of actual damages in an amount determined to be adequate by the agency.

Based on the determinations of the independent risk analysis, the Contractor shall be responsible for paying to VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

1) Notification;

2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

3) Data breach analysis;

4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs

A requirement for annual security/privacy awareness training: “Before being granted access to VA information or information systems, all Contractor employees and Subcontractor employees requiring such access shall complete on an annual basis either: (i) the VA security/privacy awareness training (contains VA security/privacy requirements) within 1 week of the initiation of the contract, or (ii) security awareness training provided or arranged by the contractor that conforms to VA’s security/privacy requirements as delineated in the hard copy of the VA security awareness training provided to the Contractor. If the Contractor provides their own training that conforms to VA’s requirements, they will provide the COR or CO, a yearly report (due annually on the date of the contract initiation) stating that all applicable employees involved in VA’s contract have received their annual security/privacy training that meets VA’s requirements and the total number of employees trained. See VA Handbook 6500.6, Appendix C, paragraph 9.

A requirement to sign VA’s Rules of Behavior: “Before being granted access to VA information or information systems, all Contractor employees and Subcontractor employees requiring such access shall sign on annual basis an acknowledgement that they have read, understand, and agree to abide by VA’s Contractor Rules of Behavior which is attached to this contract.” See VA Handbook 6500.6, Appendix C, paragraph 9, and Appendix D. Note: If a medical device vendor anticipates that the services under the contract will be performed by 10 or more individuals, the Contractor Rules of Behavior may be signed by the vendor’s designated representative. The contract must reflect by signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individuals review and understand the Contractor Rules of Behavior when accessing VA’s information and information systems.

ADDENDUM B – VA INFORMATION AND INFORMATION SYSTEM

SECURITY/PRIVACY LANGUAGE

B1. 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.

B2. 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 (e.g. Business Associate Agreement, Section 3G), 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 CO 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 CO must also be notified immediately by the Contractor or Subcontractor prior to an unfriendly termination.

B3. VA INFORMATION CUSTODIAL LANGUAGE

1. 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 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).

2. 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 information is returned to 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.

3. 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 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 CO within 30 days of termination of the contract.

4. 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 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.

5. 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.