P09 - PD_ENCAPTION 4 SUPPORT for 1 Device_April 3.docx

INSTITUTE FOR LEARNING, EDUCATION AND DEVELOPMENT

PRODUCT DESCRIPTION

ENCAPTION 4 CLOSED CAPTIONING SUPPORT SERVICE

DEPARTMENT OF VETERANS AFFAIRS

INSTITUTE FOR LEARNING, EDUCATION AND DEVELOPMENT

ENCAPTION 4 CLOSED CAPTIONING SUPPORT SERVICE

Version 2.0 Dated April 3, 2026

1. Background: Institute for Learning, Education and Development (ILEAD), Production and Delivery (PD)Service Line in St. Louis, MO maintains a live broadcast facility and contracts support services for closed captioning on both “live” and “offline” captioning for all ILEAD video deliverables. ILEAD automates its captioning services with the use of closed captioning appliances that automatically convert speech to text captioning.

ILEAD owns EnCaption closed captioning automatic speed recognition (ASR) appliances requires support and software upgrades.

The Department of Veterans Affairs (VA) is currently undergoing a reorganization that may result in future changes to its organizational structure, processes, responsibilities, and priorities. Such changes could affect the customers, services, or support described in this Product Description. Accordingly, the Contractor shall remain adaptable and responsive to evolving VA requirements and work in close coordination with the Government to assess and implement necessary adjustments, as needed. Any resulting changes will be completed by bilateral contract modification.

2. Applicable Documents: No documents.

3. Product Specifications and Deliverables:

The Contractor shall provide annual EnCaption 4 Closed Captioning support services that includes 24/7 telephone and email support from US-based support engineers (includes software upgrades at no additional costs during the support coverage – typically 3 to 4 updates per year).

Covered EnCaption closed captioning ASR appliances:

SN: Chassis: 2347586 – 429700.

3.1. Required Product

Desired Product: SLA

Deliverable(s):

A. Support Service Contract

Table 1, Mandatory Deliverable Table

Due Date

SN: Chassis: 2347586 – 429700.

Government-Furnished Equipment (GFE): None

4. General Information:

4.1. Delivery Date: Annual support shall be delivered at date of contract award.

4.2. Place of Delivery and/or Installation: The remote annual support shall be delivered at ILEAD Jefferson Barracks VAMC , 1 Jefferson Barracks Drive , Building 56, St. Louis, MO. 63125.

4.3. Observance of Government Holidays. There are 11 Federal holidays set by law (USC Title 5 Section 6103). Under current definitions, four are set by date:

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday. The other six holidays are set by a day of the week and month:

4.4. Type of Contract: The Government anticipates award of a Firm Fixed-Price contract.

Records Management Language for Contracts When Federal agencies acquire goods or services, they need to determine what Federal records management requirements should be included in the contract. Federal contractors often create, send, or receive Federal records. Federal contracts should provide clear legal obligations describing how the contract employees must handle Federal records.

Agency records officers, procurement counsel, and acquisitions officers must discuss how to integrate records management obligations into their existing procurement processes. NARA has developed the following language to be included as an agency-specific term and condition in Federal contracts for a variety of services and products. The majority of contracts should include language on records management obligations, but each contract should be evaluated individually. For example, the data-rights paragraph (Paragraph 10 below) may not be appropriate for all contracts. Instead, agencies may be better served by one of the established data-rights clauses in the Federal Acquisition Regulations.

This language should not replace specific records management requirements included within Federal information system contracts.

RECORDS MANAGEMENT OBLIGATIONS

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

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

The term Federal record:

1. includes Institute for Learning, Education and Development (ILEAD) records.

2. does not include personal materials.

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

4. may include deliverables and documentation associated with deliverables.

C. Requirements

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

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

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

4. ILEAD 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 ILEAD 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 ILEAD. The agency must report promptly to NARA in accordance with 36 CFR 1230.

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

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

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

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

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

10. The ILEAD 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 ILEAD 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.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take ILEAD-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.