SOW NexoDose Annual System Maintenance Plus 4 Option Years_FINAL.docx

STATEMENT OF WORK:

NexoDose System Annual Maintenance + 4 Option Years’ Service Contract

A. GENERAL GUIDANCE

1. Title of Project- Establish a Maintenance Contract for NexoDose system.

2. Scope of Work: Vendor shall work with Healthcare Technology Management Service at the Ralph H. Johnson VA Medical Center (RHJVAMC) to establish the protocols needed to remotely maintain the NexoDose system installed at RHJVAMC. In addition, the vendor will provide all materials to support the EXODOSE OUTBOUND API/HL7 Maintenance service agreement (24x7x365 remote service package, updates and upgrades), additional license increase for procedural growth as needed, with NEXODOSE Procedure Inc 25k installs as applicable. Service to be provided for one year with four (4) option years.

3. Background: In order to ensure the proper operation of the NexoDose monitoring system, RHJVAMC requires ongoing support, upgrades, and service on the system, guaranteeing satisfactory performance. The contractor shall maintain the system’s ability to enable enterprise-wide ionizing radiation data acquisition that supports Joint Commission standards as well as state regulations

4. Performance Period: The contractor shall complete the work required under this SOW during the one (1) calendar year period beginning on the award date, with four option years, unless otherwise directed by the Contracting officer (CO).

Estimated Period of Performance:

Base Year: November 1, 2021 – October 31, 2022 Option Year 1: November 1, 2022 – October 31, 2023 Option Year 2: November 1, 2023 – October 31, 2024 Option Year 3: November 1, 2024 – October 31, 2025 Option Year 4: November 1, 2025 – October 31, 2026

Type of Contract: Firm-Fixed- Price

B. GENERAL REQUIREMENTS:

The contractor shall be fully responsible and accountable for submitting documentation necessary to obtain the level of access required to remotely maintain the NexoDose system installed in the RHJVAMC. In addition, the contractor will provide 24/7 remote monitoring service spelled out below. These specifications are a statement of the minimum level of services that are to be provided under this contract. They are not intended to be, nor shall they be construed as, limiting specifications or requirements. At a minimum, the contractor shall be required to take all steps and measures to maximize the life expectancy and minimize downtime of the NexoDose system. In addition, the contractor shall be responsible for all costs associated with providing:

1. A 90-days Warranty

2. 4 hours of annual professional services

3. Annual on-site visits by technician for maintenance

4. Identification and troubleshooting of any missed communications and modality connections

5. Confirmation of proper identification of all hardware within the system

6. All software upgrades and builds upon release

7. Additional software/application training as needed

8. Installation of additional licenses and modality/server/API/HL7 connections as applicable

9. Updates, upgrades, maintenance, and support of NexoDose outbound API/HL7 EMR connection functionality

10. Maintenance, updates, and compliance (with Joint Commission and state regulations) of the NexoDose server and its enterprise-wide ionizing radiation data acquisition

11. 24/7/365 telephone emergency support

12. Annual remote access system review/checkup and report. All scheduled work on site shall be recorded with the contracting officer’s technical representative (COTR) or designee upon arrival and will provide the status of equipment prior to departure.

C. MAINTENANCE SERVICES

1. Materials to be furnished:

a. Contractor shall furnish any documents necessary to maintain remote access to the NexoDose server including coordination with RHJVAMC to gain administrative access to the NexoDose server.

b. Contractor will supply annual maintenance as well as four hours of annual service for any existing and newly installed NexoDose hardware and software at the RHJVAMC as delineated in Quote# 21044.

c. Contractor supply licenses with service, support and maintenance for 100,000 procedures plus an additional 10,000 procedures under the base contract with an additional 125,000 procedures in year two; 150,000 procedures plus an increase of 10,000 procedures in year three; 175,000 procedures plus an increase of 10,000 procedures in year four; and 200,000 procedures plus an increase of 10,000 procedures in year five. The proposed number of procedures per year are subject to annual procedure volume and price review with adjustments per real growth.

2. Reporting services/documentation:

a. Upon completion of any maintenance and/or repair services, the contractor shall report to the COTR or designee. Contractor will provide a written report detailing services performed, in writing if on-site, or by email if services are performed remotely.

b. The contractor shall be responsible for protecting the personal furnishing services under this contract. The parties agree that the contractor, contractor employees, agents and subcontractors shall not be considered VA employees for any purpose. Except in emergencies, and as it directed by the COTR, the contractor shall not be required to perform services on federal holidays.

E. WORK SCHEDULING AND REPORTING ACCOMPLISHMENTS

1. Maintenance agreement to include service calls, replacement parts and labor as specified above.

2. Annual on-site maintenance service visit plus 4 hours of professional services.

3. The contractor shall instruct his/her personnel who perform work under this contract to comply with the following procedures:

a. For on-site visits, he/she must contact the COTR or his/her designated representative when 1st arriving to the building. If the work is to be continuous, a check-in visit is required each day.

b. If he/she is providing remote service, COTR notification is not required but a written report of the remote services provided must be delivered to the COTR upon work completion.

4. At the completion of work, the contractor’s employees shall submit to the COTR or the designated representative a copy of a work order, repair order or a form which shall furnish the following information (NOTE – invoices will not be released for payment without a copy of service/inspection report):

· Name and address of the contractor

· Name of contractor’s employee in charge of the work

· Date(s) work performed in hours expended

· Brief description of work performed with equipment identification

· Signature of the contractors employed and signature block of the COTR or the designated representative for work performed on-site

F. CHANGES TO STATEMENT OF WORK

Any changes to this SOW will 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 CEO shall be borne by the contractor.

G. REPORTING REQUIREMENTS

The contractor shall obtain all necessary licenses and/or permits required to perform the work. In addition, the contractor shall provide the COTR with a copy of any licenses and/or permits obtained.

H. TRAVEL

All work is to be conducted at the Ralph H Johnson VAMC located at 109 Bee Street Charleston, South Carolina, either by site visit or remote connection. The contractor is responsible for any anticipated travel to the RHJVAMC. If travel to a subsidiary is required during the annual on-site technical service visit, RHJVAMC will provide means of transportation (usually a car or truck driven by a capital VA employee) to/from the subsidiary location.

I. GOVERNMENT RESPONSIBILITIES:

The Government shall be responsible for making the equipment available to the Contractor during normal business hours 8:00 am - 5:00 pm, Mon-Fri. If there is a need for work to be done after hours, the Government will arrange for the Contractor to have access to the equipment.

J. CONFIDENTIALITY AND DISCLOSURE

It is agreed that:

1. The preliminary final deliverables, and all associated working papers, application source code, and other material deemed relevant by capital VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U. S. Government and shall be submitted to the CO at the conclusion of the task order.

2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response.

3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

K. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

1. General Information Security:

1. Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, the contractor must abide by all Information and Information Technology Security requirements described in this contract when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media).

1. Contractor, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards and VA Directives and Handbooks as VA personnel, regarding information and information system security. These include but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce’s National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST’s Web site at:

http://checklists.nist.gov

1. Access to VA Information and VA Information Systems

1. 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 this agreement.

1. 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 contractor 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.

1. 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.

1. 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.

1. VA INFORMATION CUSTODIAL LANGUAGE

2. 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).

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’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.

2. 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.

2. 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.

2. 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.

2. 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.

2. 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.

2. 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.

2. 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.

2. 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.

2. 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.

2. 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.

1. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE:

1. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures must be equivalent, to those procedures used to secure VA systems. All external Internet connections to VA’s network involving VA information must be reviewed and approved by VA prior to implementation.

1. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

1. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor’s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

1. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

1. The contractor/subcontractor’s system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment. A Privacy Impact Assessment must be provided to the COR and approved by VA Privacy Service with annual review and updates as needed. Any deficiencies noted during the re-assessment must be provided to the VA contracting officer and the ISO for entry into VA’s POA&M management process. The contractor/subcontractor must use VA’s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

1. VA prohibits the installation and use of personally owned or contractor/subcontractor owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

1. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors hat contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

1. Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

0. Vendor must accept the system without the drive.

0. VA’s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or,

0. VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

0. Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then:

3. The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact.

3. Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be preapproved and described in the purchase order or contract.

3. A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (1) and (2) controls above are in place and completed. The ISO needs to maintain the documentation.

1. Conformance Standards

4. The Contractor will provide necessary support to obtain and maintain the Authority to Operate for the Cloud-based product. It is intended to host VHA-Certified Software in the Veterans Affairs Enterprise Cloud (VAEC) environment. The Contractor shall not be responsible for providing or acquiring cloud capacity or server hosting infrastructure for this contract. VA will furnish VAEC capacity as Government Furnished Equipment (GFE).

4. Assessment, Authorization, and Continuous Monitoring

1. The information system solution selected by the Contractor shall comply with the Federal Information Security Management Act (FISMA).

1. The Contractor shall comply with FedRAMP requirements as mandated by Federal laws and policies, including making available any documentation, physical access, and logical access needed to support this requirement.

1. The Contractor shall, where applicable, assist with the VA Authority to Operate (ATO) Process to help achieve agency authorization of the cloud service or migrated application.

1. If new or unanticipated threats or hazards are discovered by either VA or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party in accordance with the security appendix B.

1. The Contractor shall not release any data without the consent of VA in writing. All requests for release must be submitted in writing to the COR/CO.

Vi. 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 [Agency] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] 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. RHJ VAMC 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 RHJ VAMC 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 RHJ VAMC. 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 RHJ VAMC 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 [FACILITY] 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 RHJ VAMC policy.

8. The Contractor shall not create or maintain any records containing any non-public RHJ VAMC 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 RHJ VAMC 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 [FACILITY] 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 RHJVAMC-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.

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.