VA118-17-R-2324-A00001001.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

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10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

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1. CONTRACT ID CODE

FACILITY CODE

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Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

BY

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

A00001 10-27-2017

TAC-17-45306

Department of Veterans Affairs Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724

Department of Veterans Affairs Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724 To all Offerors/Bidders

VA118-17-R-2324

10-05-2017

X

X

10/30/2017 11:59PM ET

See narrative on page 2.

Matthew Truex Contracting Officer

1. The purpose of this amendment (A00001) to Solicitation VA118-17-R-2324 is to effect the following:

a. Revise Section H.1 ENTERPRISE SOFTWARE LICENSING AND SOFTWARE MAINTENANCE, to include definition for Software-as-a-Service.

b. Revise Section H.7, EHRM DATA CLAUSE.

c. Revise Section H.8, LABOR SUBJECT TO THE SERVICE CONTRACT LABOR STANDARDS.

d. Incorporate additional criteria to Section E.13, PROPOSAL SUBMISSION INSTRUCTIONS, Volume I – Technical. See Section E.13 for updates.

e. The proposal submission due date is extended to 10/30/2017 at 11:59PM ET.

2. All changes to the solicitation based on the aforementioned alterations are incorporated herein.

E.13 PROPOSAL SUBMISSION INSTRUCTIONS

Please note: This action is a sole-source direct award to Cerner Corporation under the authority of FAR 6.302-7.

The Offeror’s response shall be submitted in accordance with the following instructions:

The proposal shall be submitted by October 13th30th, 2017 at close of business11:59PM ET.

Any concerns should be addressed to:

Contract Specialist: Brandon Caltabilota, Brandon.Caltabilota@va.gov;

Contract Specialist: Michael Levchenko, Michael.Levchenko@va.gov;

Contracting Officer: Matthew Truex, Matthew.Truex@va.gov

(a) The response shall be submitted via email to the Contracting Officer and Contracting Specialist and must be in the following formats: Microsoft Word, Excel, or PDF.

(b) Please note that file size is limited to less than 5 MB. If your file exceeds the size limit, please send multiple emails. The technical volume and price volume shall be separate volumes. Additional areas may be separated into individual volumes.

(c) Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. A Table of Contents should be created using the Table of Contents feature in MS Word.

Volume I – Technical: The Technical volume is limited to 100 pages and shall include the following:

(a) Proposal Summary including:

Solicitation number;

Date submitted;

Contractor’s name;

Contractor task leader contact information;

All subcontractor(s) (as applicable);

Proposed start and finish dates;

Reference to any unique terms or conditions, or any requests to deviate from standard contract terms and conditions;

Deliverables and Schedules.

(b) The Offeror shall prepare a detailed written technical response that addresses the Offeror’s approach to meeting all the requirements detailed in the solicitation. In the Technical Volume, the Offeror shall propose a detailed technical approach that addresses all of the following:

(1) Project Management Support Approach (PWS Para. 5.1.1), specifically, Quality Management (5.1.1e), Risk Management (5.1.1k), Value Management (5.1.1n), and Communications Management (5.1.1h) for the project.

(2) VA Enterprise EHRM Baseline Preparation Approach (PWS Para. 5.5), specifically, Identity and Access Management, to include Account Provisioning (PWS Para. 5.5.2), and EHRM and VA System Integration (PWS Para. 5.5.3).

(3) Training Plans and Materials (PWS Para. 5.5.6).

(4) Change Management Approach (PWS Para. 5.5.7).

(5) Testing Approach (PWS Para. 5.5.8, inclusive of subparagraphs), Test and Evaluation Approach (PWS Para.5.6.11, inclusive of subparagraphs), Section 508 – Information and Communication Technology (ICT) Standards Approach (PWS Para. 8.10).

(6) Data Management Approach (PWS Para. 5.1.7), Data Migration Planning Approach (PWS Para. 5.1.8) and Analysis and Migration of Legacy Data Approach (PWS Para. 5.9).

(7) Wave Planning and Deployment Approach (PWS Para. 5.6).

(8) Contractor Governance, to include how the proposed effort will be organized and structured within the Contractor’s Organization

(9) Business Intelligence and Data Analytics Approach (PWS Para. 5.8);

(10) Seamless Interoperability / Joint Industry Outreach Approach (PWS Para. 5.10.4), to include i9Health Information Exchange.

(11) Final responses to the VA EHRM Functional and Non-Functional RTMs.

(12) Final Deployment Schedule (to include identification of all facilities included in each deployment/wave (VAMC/Clinics/Vet Centers, etc.), along with each of their corresponding sizing designations.

Volume II – Price:

The Offeror shall provide sufficient information to substantiate prices presented in the proposal, indicating a complete understanding of the requirements of this solicitation. The Offeror shall include substantiation for all proposed Prime and subcontractor elements of price.

If the offeror wants to provide additional information not specifically required in the Price Volume, the information may be supplied in the offeror’s format. All data provided by the offeror, whether in an Offeror format or Government format, shall be traceable throughout the various sections of the proposal.

For the purposes of preparing Price proposals, the offeror shall assume the date of contract award will be October 2017.

The Offeror shall submit the Price Proposal as an Excel 2010 file containing the calculations (including formulas) used to develop its proposed prices. The Section B Price Schedule containing the Contract Line Item Number/Sub-Line Item Number (CLIN/SLIN) proposed prices shall also be submitted in Excel. The Government requires the Offeror to propose unit prices, as applicable, and total prices that are two (2) decimal places and requires the unit prices and total prices to be displayed as two (2) decimal places, there shall be no rounding formulas. The Government requires the ability to manipulate the Excel file. Therefore, the Excel file shall not be password protected or contain locked cells. The Offeror shall provide in a Microsoft Word or Excel file a Table of Contents listing all back up attachments and titles that substantiate the numbers in the Price Proposal.

The Offeror shall complete Attachment 015 EHRM Labor Rate Schedule. Labor rates submitted within Attachment 015 will be established as Ceiling Rates.

Supporting narratives shall be submitted as Microsoft Word 2010.

The Offeror shall provide narrative within the Price volume detailing specific ground rules. Ground rules concern the form and content of the estimate. Ground rules also establish the scope of the estimate, distinguishing specifically between prices that are included and those excluded from the analysis.

The Offeror shall submit its Basis of Estimate (BOE), henceforth referred to as “BOE”, for the proposed prices in the Price Proposal Excel file detailing how all proposed prices were developed.

The BOE shall reference and provide traceability to the applicable IDIQ PWS section/subsection, CLIN, and deployment Wave for applicable deployment prices. The BOE shall explain the rationale behind all prices presented, and assumptions used. The BOE shall include assumptions contained in the proposal and provide an explanation of how the offeror developed its proposed pricing. Descriptions of the work to be performed shall be explicit regarding what work will or will not be included in the effort. The offeror shall distinguish between recurring and nonrecurring efforts.

If presenting analogies to historical pricing, the offeror must establish that the analogous historical pricing is in fact similar enough to the proposed pricing to constitute a valid analogy. When using historical or analogous data, the offeror shall describe why the pricing is comparable to the proposed program. The BOEs shall include reasons and justification for any adjustments made to programmatic, technical and actual price data for the historical pricing. The offeror shall document the basis for any adjustments applied to the historical data, such as complexity factors and normalization methods, to reflect the characteristics of the proposed pricing. Differences as well as similarities between the historical pricing and the proposed pricing shall be explained.

The Offeror shall submit its competitive published price lists, where applicable, and identify discounts offered on the items included in its proposal.

For proposed software, the Offeror shall provide vendor name, item part number, item description, quantity and bundled pricing, as appropriate. In its pricing backup submission, the Contractor shall provide DoD licensing/IP pricing proposed under the DHMSM contract.

For proposed hardware prices the Offeror shall provide the vendor name, item part number, item description, quantity, unit price, and the extended price calculations.

The Offeror shall also provide, as applicable, documentation of its prior sales to similarly situated customers identifying the item part number, item description, unit prices, quantities, and dates at which the same or similar items have been sold previously to commercial/non-Governmental and Governmental entities. The Offeror shall identify whether it was a competitive or non-competitive environment.

For certain services, the Offeror shall provide the labor categories, proposed labor rates, proposed labor hours, and the labor dollar calculations based on Contractor’s commercial practices. The Offeror shall also provide documentation, as applicable, of prior sales of the proposed labor categories/rates to similarly situated customers identifying the dates of performance, and agreed to labor rates. The Offeror shall identify whether it was a competitive or non-competitive environment. The final negotiated labor rates will be fixed on contract and will be used for subsequent task orders.

Any inconsistency, whether real or apparent, between promised performance and the proposed Price shall be explained in the BOE. For example, if the intended use of new and innovative procedures, processes or tools is the basis for an abnormally low Price, the nature of these innovative efforts and their impact on Price shall be explained and fully justified. As another example, if the offeror's investment is the basis for an abnormally low Price, this shall be explained.

The Offeror shall include, at a minimum, the following information for each BOE item:

(a) Labor:

(1) List of all Labor Category and labor rates by applicable contract year. Contract year is defined as 12 months from date of award, and each subsequent 12 month period.

(2) Labor hours for each Labor Category by applicable contract year.

(3) For each row in item 1, reference a single applicable IDIQ PWS sections/subsections and single CLIN.

(b) Bill of Materials (BOM):

(1) For each BOM element include:

(i) Type (i.e., hardware, COTS software, maintenance, etc.).

(ii) Brief description/purpose of BOM element.

(iii) BOM element Quantity (per applicable contract year).

(iv) BOM element Price (per applicable contract year).

(2) Identify materials by entity (Prime or subcontractor) by name.

(3) For each row in item 1, reference a single applicable IDIQ PWS sections/subsections and single CLIN.

(c) Travel Worksheet:

(1) For each travel element include:

(i) Total travel price (per applicable contract year).

(ii) Estimated number of trips.

(iii) Price per trip.

(2) For each row in item 1, reference a single applicable IDIQ PWS sections/subsections and single CLIN.

(d) Other Direct Prices (ODC) Worksheet:

(1) For each ODC element include, a description and total price.

(2) For each row in item 1, reference a single applicable IDIQ PWS section/subsection, single CLIN.

Additionally, the offeror shall provide, as required, unpriced copies of all BOEs, including narrative sections and spreadsheets, for the purposes of technical evaluation. The unpriced BOEs shall not contain any Price information. The unpriced BOEs will be provided to the technical evaluators for their consideration in evaluating.

Volume III – Solicitation, Offer, and Award Documents and Certifications/Representations:

Certifications and Representations - An authorized official of the firm shall sign the SF 1449 and all certifications requiring original signature. An Acrobat PDF file shall be created to capture the signatures for submission. This Volume shall contain the following:

(a) Solicitation Section A – Standard Form (SF1449) and Acknowledgement of Amendments, if any.

(b) Any proposed terms and conditions and/or assumptions upon which the proposal is predicated. The Offeror is hereby advised that any Offeror-imposed terms and conditions and/or assumptions which deviate from the Government’s material terms and conditions established by the Solicitation, may result in delays of contract award.

Volume IV – Small Business Subcontracting Plan:

(a) The Offeror shall provide a Small Business Subcontracting Plan that contains all of the elements required by FAR 52.219-9, as well as be in compliance with VA’s minimum goals set forth in VAAR clause 852.219-9. For submission of an individual subcontracting plan, the minimum goals for award of subcontracts to service-disabled Veteran-owned small business (SDVOSB) concerns and Veteran-owned small business (VOSB) concerns shall be at least 17% for the total dollars planned to be subcontracted to other than Contractor’s parent. For the sake of clarity, the subcontracted dollars will not include dollars allocated to software licenses, proprietary technical support services, or remote hosting services, etc.

(b) For submission of a commercial plan, the minimum goals for award of subcontracts to SDVOSB and VOSBsmall business concerns shall be at least 17% for small businesses (including SDVOSB 5%, VOSB 7%, HUBZone 3%, SDB 5%, WOSB 5%) for the total value of projected subcontracts (other and to Contractor’s parent) to support the sales for the commercial plan.

(c) If the Offeror does not have an approved Master Plan or approved Commercial Plan, then an Individual Subcontracting Plan must be submitted that includes an assurance that small businesses will be given the maximum practicable opportunity to participate in contract performance. The Subcontracting Plan is not a requirement for evaluation, but rather, a requirement for award to a Large Business and the Plan, as negotiated, will be incorporated into any resultant contract.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 ENTERPRISE SOFTWARE LICENSING AND SOFTWARE MAINTENANCE

a. Definitions.

Waves – A regional grouping of VA facilities targeted for the EHR deployment. The VA Enterprise consists of 48 Waves (not including Initial Operating Capability as defined in the PWS).

Enterprise – The Authorized end-users within the Enterprise which consists of the 171 VA hospitals, 939 clinics (including 179 outpatient clinics and 760 community-based outpatient clinics), and 380 Vet Centers at time of award are listed in Section D, Attachment 005, List of Enterprise Sites; and all infrastructure (including hardware, operating and data base management system) required to host the EHR system in accordance with the contract. Additional VA facilities may be added to, or subtracted from, Attachment 005, List of Enterprise Sites, from time to time, within the sole discretion of the VA, upon written notice from the Contracting Officer to the Contractor due to a new facility opening or an existing facility closing.

Enterprise Software – The software set forth in the Contractor’s proposal, including Cerner and third party products, required to deliver the functional requirements provided in Section D, Attachment 002, VA EHRM Functional RTM.

Non-Enterprise Software – Software not covered under the definition of Enterprise Software Including but not limited to certain Third Party Content, Transaction Services and Software-As-A-Service as set forth in the Contractor’s proposal.

Authorized end-users – Government and non-Government personnel authorized by the Government to use the VA EHRM. Each Authorized end-user shall have appropriate Government approved credentials to access the System.

Software Maintenance – Contractor’s ongoing efforts to keep the software in working order, including technical services which require contact with the Government in person, via Contractor’s website, electronic mail or telephone, in order to help the Government resolve a problem that the Government has reported. It also includes all releases of the software such as major releases, minor releases, maintenance releases, and patches.

Developmental Licenses – Enterprise software licenses and Non-Enterprise software licenses may include but not limited to licenses necessary for configuring the EHRM to support customized workflows and views in the applicable task order with the tools currently known as MPages Development Toolkit or CareAware.

Third Party Content – Non-patient specific technical data, which requires Enterprise Software or Non-Enterprise Software for delivery under the contract, but which is not owned by the Enterprise Software or Non-Enterprise Software vendor. Third Party Content can include, but is not limited to, technical data such as CPT codes and definitions.

b. Enterprise Software Licenses. The Enterprise Software for the VA EHRM system shall be licensed on a perpetual basis. At the beginning of each Deployment (Facility/Wave), the Government intends to purchase the portion of the enterprise associated with the end of that Deployment. The Government’s actual enterprise will be licensed to use the software for each Deployment upon receipt of a fully funded Task Order for the applicable Deployment fees. If during performance, the actual enterprise size is substantially more or less than the estimated enterprise size associated with that Deployment, the Government may, at its sole discretion, accelerate or delay the purchase of the next Deployment. Once the Government has purchased the final Deployment, the entire enterprise will be licensed.

c. Non-Enterprise Software Licenses. Software not covered under the definition of Enterprise Software. Non- Enterprise Software is not required to be licensed in accordance with paragraph b of this clause. However, all Non- Enterprise Software must be licensed in mutually agreed upon sufficient quantities to provide licensing for those Authorized End-Users within the Enterprise, as those terms are defined in paragraph a, that need to use such Non-Enterprise Software, regardless of their respective location. For software covered by the Non-Enterprise Software definition, the applicable third party license agreement may include true-up terms accounting for the difference between the licensed and actual user count under the following conditions: 1) the Prime Contractor agrees to report such costs to the Government for each true-up; 2) the mechanism for tracking user count is automated, does not impose additional requirements on the Government, complies with all cybersecurity and privacy requirements in the contract, is covered by the same License Agreement as the data base management software (DBMS) software (or by an agreement the Government has reviewed and approved prior to award); 3) the Government agrees to negotiate the cost implications of any increased user base overages in the subsequent maintenance years, in accordance with the applicable third party license agreement, between the estimated users and the actual users, subject to the availability of funds, or to deactivate the excess number of users.

d. Term of License. All Enterprise Software licenses acquired under the contract shall be perpetual licenses regardless of the expiration or termination of this contract or any lapses in maintenance. All Non-Enterprise Software licenses will be term licenses as specified in the applicable Task Order.

e. Software Maintenance and Version Support. Software maintenance will be ordered on an annual basis for a twelve (12) month term. At the end of the applicable term, Software maintenance may be renewed at the stated contractual rates, subject to any change in scope or purchases stated in a Task Order.

f. Product Capabilities. The contractor is required to deliver at least the capabilities listed in Section D, Attachment 002 VA EHRM Functional RTM. Notwithstanding this requirement, the Contractor shall deliver any additional capabilities that are part of its new releases of the Enterprise Software at no additional license fee as part of the cost of software maintenance fees.

g. External Capabilities. The Government may, during performance of this contract, purchase external modules either from the contractor or a third-party vendor to enable a desired future capability. As ordered under stand-alone task orders, the Contractor shall provide all integration and interface services necessary to integrate the external capability into the VA EHR solution. External modules acquired from a third-party vendor will require certain integration and interface services from the third-party vendor to integrate the external capabilities into the VA EHRM.

h. Existing Enterprise Software Agreements. The Contractor is authorized to order from existing Department of Veteran’s Affairs Enterprise Software Licensing (ESL) Agreements, or Federal Strategic Sourcing Initiative SmartBuy ESAs in accordance with FAR Subpart 51.1 Contractor Use of Government Supply Sources for the purpose of procuring / providing software licenses and software maintenance in the performance of this contract. A list of existing VA ESL agreements will be provided by the Government post award.

i. Third Party Content. Third Party Content shall be delivered in sufficient quantities and with licenses having sufficient terms to meet the Government needs as described in paragraph b of this clause. With respect to paragraph b requirements, Third Party Content is not required to be licensed on a perpetual basis. Third Party Content may be licensed as part of an Enterprise Software or a Non-Enterprise Software license agreement, rather than separately licensed.

j. Software-as-a-Service. Software-as-a-Service shall be delivered in sufficient quantities and with licenses having sufficient terms to meet the Government needs as described in paragraph b of this clause. With respect to paragraph b requirements, Software-as-a-Service is not required to be licensed on a perpetual basis. Software-as-a-Service may be licensed as part of an Enterprise Software or a Non-Enterprise Software license agreement, rather than separately licensed.

(End of clause)

H.7 EHRM DATA CLAUSE

EHRM Data includes, but is not limited to, all healthcare data generated by VA staff, VA devices, instruments, internal and external labs, VA facilities, patients, patient generated data, third-party providers that send data to VA (directly or through a patient), as well as analytics data, reports, studies, analyses, whether in draft or final form, in electronic, print, or other form,whether prepared by the Contractor or Government, and working papers associated with any of the above, relating in any way to the VA healthcare enterprise and VA implementation of the EHRM under this contract. However, EHRM Data does not include the Contractor’s commercial tools and analysis, and Contractor proprietary information related to implementation and delivery of the VA EHRM Solution. EHRM Data encompasses all forms of media containing such data including electronic and print.

EHRM Data is the exclusive property of the U.S. Government and shall be fully availableaccessible to the Government subject to current encryption requirements and joint DoD/VA governance,in an unencrypted manner, freely portable by the VA after contract award with sufficient notice to so that the EHRM Data can be moved by the VA at any time to any location and any platform of the VA’s choosing, and the Contractor for packaging and segmentingshall provide the EHRM Data to the VA in the format required by the VA.

EHRM Data will be provided to the Contractor in order for the Contractor to administer the services set forth in this contract. Except for the third party licensors whose licenses are attached to the Cerner End User License Agreement (Section D of the contract),) EHRM Data shall not be sold, licensed, analyzed, or shared with any other persons, organizations, or entities without the express written permission of the VA.

EHRM Data modified, updated, revised or changed in any manner by the Contractor during performance of the contract is Technical Datatechnical data as that term is definedused in FAR 52.227-14 (a),, Rights in Data—General (May 2014) and VA shall receive unlimited rights to all such data, and during contract performance, VA shall have unlimited access to EHRM Data and such Technical Dataany and all technical data produced by the Contractor after contract award. Such Technical Data.

At the conclusion of the contract the Contractor shall return to VA, in a format acceptable to VA, all EHRM Data, including but not limited to any and all technical data, generated and processed by the Contractor in performance of this Contract in order that such data can be used, stored, and maintained by the Government. The parties agree that the technical data generated, stored, and processed by the Contactor pursuant to this Contract may contain both Sensitive Information and Personally Identifiable Information (PII) and/or Protected Health Information (PHI)identifiable health information or personal health information of Veterans such that the disclosure thereof would violate the right of privacy or publicity of the individual to whom the information relates or the right of privacy and publicity of the VA. Accordingly, the Contractor relinquishes theits reservation of rights set forth in FAR 52.227-14 (b) (2) for all such TechnicalEHRM Data delivered to the Contracting Officer (CO).) at the conclusion of this contract.

The CO, in accordance with VA Departmental procedures, will be the sole authorized official to release verbally or in writing, any EHRM Data, such Technical Data described abovetechnical data or any other written or printed materials pertaining to the VA that are maintained and provided by the Contractor pursuant to the requirements of the contract. The Contractor will not release any such information without the express written permission of the VA.

At the conclusion of the Contract, and in accordance with PWS 5.13contract, the Contractor shall return to VA, in a format acceptable to VA, all EHRM Data, and such Technical Data described above, generated and processed by the Contractor in performance of this Contract in order that such EHRM Data and Technical Data can be used, stored, and maintained by the Government. Following successful completion of the PWS 5.13 Transition procedures and written instruction from the CO, the Contractor shall also delete all copies, in whole or in part, and any other documents or records derived from EHRM Data, once the Contractor is instructed to do so in writing.

(End of Clause)

H.8 LABOR SUBJECT TO THE SERVICE CONTRACT LABOR STANDARDS

The Basic Contract’s labor categories are considered bona fide executive, administrative, and professional labor, and therefore not applicable to the generally exempt from the Service Contract Labor Standards.

At the time of request for task order plan issuance, the Contractor shall be responsible for identifying any personnel subject to the Service Contract Act, and their corresponding region (state/county), within the Contractor’s proposed Task Execution Plan(s). To the extent that any labor is subject to the Service Contract Labor Standards and within scope of a Task Order and the Basic Contract, the Contracting Officer (CO) must shall identify such work under a separate CLIN Contract Line Item Number on the Task Order and apply wages in accordance with FAR 22.10, Service Contract Labor Standards statute.

The Basic Contract does not include all applicable flow-down clauses for labor categories subject to the Service Contract Labor Standards. Each Order must be tailored to include the appropriate clauses.

The clauses relating to the Service Contract Labor Standards (Section H.8) shall be included in an individual Order by the CO if they are deemed applicable to the Order.

(End of Clause)