FBODaily.com | FedBizOpps: SRCSGT | D | DSS Software License (telehealth)

FBO DAILY - FEDBIZOPPS ISSUE OF DECEMBER 20, 2018 FBO #6236
SOURCES SOUGHT

D -- DSS Software License (telehealth)

Notice Date: 12/18/2018
Notice Type: Synopsis
NAICS: 423430 — Computer and Computer Peripheral Equipment and Software Merchant Wholesalers
Contracting Office: Department of Veterans Affairs;Network Contracting Office 2;James J. Peters VA Medical Center;130 West Kingsbridge Road;Bronx NY 10468-3904
ZIP Code: 10468-3904
Solicitation Number: 36C24219Q0180
Response Due: 12/28/2018
Archive Date: 2/26/2019
Point of Contact: Henderson, Samantha
Small Business Set-Aside: N/A
Description: Document Type: Sources Sought Solicitation Number: N/A Original Response Date: December 28, 2018 NAICS CODE: 423430 Contracting Office Information: Department Of Veterans Affairs Network Contracting Office 3 130 W. Kingsbridge Road Rm. 9b16 Bronx NY 10468 Synopsis: Please note that this is not a request for quotes or proposals, the Government is seeking information for market research purposes only. The Department of Veterans Affairs, Bronx VA Medical Center, is conducting a market survey for qualified firms capable of providing the following services for Bronx VAMC. Telecare Record Manager Plus (TRM Plus) and Triage Expert Dual Purpose (TEDP) DSS Software License and Service Level Agreement PLEASE SEE STATEMENT OF WORK ATTACHED. The North American Industry Classification Systems (NAICS) is 423430. Responses to this notice must be submitting in writing via email and must be received no later than December 28, 2018. No telephone inquiries will be accepted. The purpose of this notice is to gain knowledge of potential qualified sources for this procurement relative to NAICS 423430. Qualified offerors shall be experienced in addition to providers (sellers) capable of supporting this facility. Responses to this notice will be used by the Government to make appropriate acquisition decisions. Responses to this notice should include company/individual name, a service capability statement, and examples of similar facilities which you have provided services to DUNS number, address, and point of contact. If your firm is a Service-Disabled Veteran Owned or Veteran Owned Small Business, you must be CERTIFIED in VetBiz (see internet site: http://vip.vetbiz.gov). Responses to this notice must be submitted in writing (email or fax) and received no later than December 28, 2018 at 3:00PMEST. A solicitation is not currently available. If a solicitation is issued, it will be announced on Federal Business opportunities website http://www.sam.gov at a later date, and all interested parties must respond to that solicitation announcement separately from the responses to this announcement. Email: Samantha.Henderson2@va.gov or fax: 718-741-4722. D O C U M E N T S T O R A G E S Y S T E M S, I N C. Telecare Record Manager Plus (TRM Plus) and Triage Expert Dual Purpose (TEDP) DSS Software License and Service Level Agreement Veterans Health Administration Effective January 23, 2017 This document captures and defines the work activities, deliverables, and timeline that Document Storage Systems, Inc. will execute against in the performance of the specified work for the Veterans Health Administration. It provides a preliminary delineation of roles and responsibilities, outlines the scope, and documents the exclusions. T A B L E O F C O N T E N T S Introduction 4 Product Description 4 DSS Department Services 4 Technical Services 4 Constraints/Dependencies 5 Exclusions 6 Requesting Technical and Installation 6 Selecting a Priority 7 Routine Requests (High, Medium, and Low Priorities) 9 Emergency Requests (Critical Priorities) 9 Customer Service Escalations 9 DSS R&D Department 10 DSS QA Department 10 DSS Installation Services 11 DSS Training Services 11 DSS Product Line Management (PLM) Department 12 DSS Company Information Security and Privacy Office (CISO) 12 Other Considerations and Governing Agreements 12 Term 12 Equipment 12 Personnel Changes 13 Security and Privacy 13 VA Access 13 Resources, Roles, and Responsibilities 14 Addendum A: Definitions & Key Terms 16 Software License Agreement 21 Introduction Product Description The Veterans Health Administration (VHA) has purchased a software license for the seamlessly integrated Telecare Record Manager Plus (TRM Plus)/Triage Expert Dual Purpose (TEDP). It enhances telephone triage decision-making by helping nurses accurately assess patient symptoms and quickly determine the proper course of action for treatment. The software Technical and Installation s nurse clinical decision-making by systematically assessing a Veteran s symptoms, while providing reference health information during the process, as well as the ability to acquire VistA data, call logs of TRM progress notes for facilities. DSS Department Services Technical and Installation Services Document Storage Systems (DSS) Technical and Installation Services will provide the following services as requested: Work directly with the Office of Information and Technology (OI&T) staff to address their issues with licensed DSS products. Upon VHA end users logging a ticket with the OI&T staff, DSS Technical and Installation Service will work with the VHA end-users to address their issues with licensed DSS products. Respond to issues reported to DSS Technical and Installation Service Services in accordance with this document within the response times defined in this document. Help the OI&T staff configure as necessary licensed DSS products to meet the VHA s and/or end-users needs within the scope of the licensed product. Advise the OI&T staff as a Subject Matter Expert (SME) as it relates to licensed DSS products and their standard configuration in internal meetings, new installations of licensed DSS products, and end-user activities. Advise the OI&T staff on issues involving licensed DSS product s infrastructure requirements including hardware, bandwidth, and best practices. Keep site Veterans Administration Medical Center (VAMC) and/or end-users aware of issues that may impact their usage of licensed DSS products through DSS Self Service Portal (http://Technical and Installation.dssinc.com). Upon request make available to the OI&T staff live reports including: Summary of tickets opened for licensed DSS products for the last 30 or seven days. Summary of incidents, service requests and problems currently open and those closed in the past seven days for licensed DSS products. Summary of known errors impacting the site along with their status and expected release date and workaround. Effective 01.01.2017 Page 4 of 31 TRM Plus-TEDP DSS Software License and Service Level Agreement Effective 01.01.2017 Page 10 of 31 Assist the OI&T staff with keeping licensed DSS products up to date including assisting with updates over the telephone or VA Lync if requested and scheduled at least two-weeks in advance. Distribution of DSS Product updates via DSS Enterprise Manager to the OI&T staff. Constraints/Dependencies There are a few items that may impact or compromise the ability of DSS Technical and Installation Service to provide the services outlined in this DSS Software License and Service Level Agreement (SLA). These include, but are not restricted to: Missing Information In order to categorize, diagnose, address, and ultimately resolve issues, DSS Technical and Installation Service needs specific information relating to the issue being reported from the OI&T staff. This specific information includes end-user name, end-user site, end-user phone number, end-user email address, product affected, problem, expected results, steps to reproduce, and screenshots if available. If all of this information is not received, then the categorization and diagnostic process will be delayed until it is collected, which may impact the commitments extended in this document. VHA End-User Non-Response In order to categorize, diagnose, address, and ultimately resolve issues, DSS Technical and Installation Services needs to be able to communicate with the VHA end-user. If the VHA end-user is non-responsive, then the categorization and diagnostic process will be delayed until it is collected which may impact the commitments extended in this document. In such cases when a VHA end-user is non-responsive for more than 10 business days, the case will be closed. OI&T Staff Non-Response In order to categorize, diagnose, address, and ultimately resolve issues DSS Technical and Installation Services needs to be able to communicate with the OI&T staff. If the OI&T staff is non-responsive then the categorization and diagnostic process will be delayed until it is collected which may impact the commitments extended in this document. In such cases when an OI&T staff member is non-responsive for more than 10 business days the issue will be closed. VHA End-Users and/or OI&T Staff without Public Key Infrastructure (PKI) In order to categorize, diagnose, address, and ultimately resolve issues, DSS Technical and Installation Services needs to be able to transfer data back and forth that may include Patient Health Information (PHI). Without PKI in place, the data must be scrubbed first, which either delays the transmission or, as in most cases, stops the transmission. Without this data, which may be included in logs or screenshots, the categorization and diagnostic process will be delayed until it is collected, which may impact the commitments extended in this document. Misclassification of Priority In order to categorize, diagnose, address, and ultimately resolve issues, DSS Technical and Installation Services needs to know the correct priority of the issue being reported. If the wrong priority is communicated or no information regarding priority is sent to DSS Technical and Installation Services, they may not provide services that match the severity or impact of the issue being reported, which may impact the commitments extended in this document. Out of Date DSS Products In order to categorize, diagnose, address, and ultimately resolve issues, the licensed DSS Products need to be up to date. If the licensed DSS Products are not up to date, then valuable time will be lost working on issues that may already be addressed through an update, which may impact the commitments extended in this document. DSS reserves the right to cease work on issues involving out of date or sunset software products if a VHA site has received advance notification and has had a reasonable amount of time to perform a required update with or without assistance from Technical and Installation Services. Exclusions There are some boundaries for these services; both internal and external. These include, but are not restricted to Technical and Installation of: On-site DSS product updates (available through Premium Technical and Installation Services) VHA VistA system updates and Technical and Installation Non-DSS and non-DSS partner applications including the operating system or database hosting software Infrastructure Hardware On-site Technical and Installation (available through Premium Technical and Installation Services) Staff augmentation (available through Premium Technical and Installation Services) Unlicensed DSS products More than basic assistance with server migrations and consolidations for licensed DSS Products (available through DSS Maintenance Services) End-user Technical and Installation that is not initiated by OI&T staff The replacement of DSS Installation Services with DSS Standard Technical and Installation Services Requesting Technical and Installation DSS Technical and Installation Services are considered second level Technical and Installation for the OI&T staff and as such can only be initiated by the OI&T staff. Selecting a Priority Reported incidents will be assigned a priority that best matches the severity and impact of the issue being reported as indicated by the table below. Priority Initial Response Follow Up Response Criteria 0-Critical 1 Hour 2 Hours Critical An urgent incident is a catastrophic incident of an operating environment where production systems are severely impacted, down or not functioning or an issue exists which may impact patient safety. A critical case requires continuous, 24x7 attention until resolved. Under this scenario, one of the following situations may exist: Patient safety issues as defined by Veterans Administration (VA) Directive Number 19-0201 "Patient Safety Notifications," June 2004. Loss of production data and no procedural work around exists. Complete loss of a core organizational or business process where work cannot reasonably continue. Systems that have failed over into backup or redundancy mode, or that have cut over to Continuity Management or similar availability. Examples: Site is down (server crash). One or more applications are inaccessible to all users. No workaround is available. Any issue where data completeness or accuracy is in question. 1-High 2 Hours* 22 Hours (2 business days)* High A high incident is a problem where a system is functioning, but in a severely reduced capacity. The situation is causing: Significant impact to portions of the business operations and productivity. No loss of production data and / or a procedural work around exists. The system is exposed to potential loss or interruption of service. Includes incidents that significantly impact development and/or production, but where an alternative operation is available. Examples: One or more users impacted from completing their task, but work around exists. Trainers or installers are on site and their activities are impaired or halted. 2-Medium 4 Hours* 33 Hours (3 business days)* Medium A medium incident involves partial non-critical functionality loss. A medium incident impairs some operations, but allows the user or an application to continue to function. This may be a minor incident with limited loss or no loss of functionality, or impact to the user's operation and incidents in which there is an easy circumvention or avoidance by the end user. Priority Initial Response Follow Up Response Criteria Examples: Quarterly update, one or more components are more than one quarter behind. Any component not installed on workstation(s). 3-Low 8 Hours* 44 Hours (4 business days)* Low A low incident has no impact on the quality, performance or functionality of the system. Low incidents have minimal organizational or business impact. Examples: Any issue that does not prevent use of the application. Quarterly updates with no components more than one quarter behind. Server migrations. Requests for additional training or web casts. Requests to add user to email list. * Indicates timeframe in business hours DSS Technical and Installation Services will respond within the timeframes listed above using the contact information provided by the person submitting the request for Technical and Installation. A response is defined as an acknowledgement of receipt of the issue, an action plan or a request for additional information in order to complete an action plan, and, if possible, an estimated time to resolution. Routine Requests (High, Medium, and Low Priorities) Between the hours of 8:00 AM and 7:00 PM ET excluding weekends and federal holidays requests from the VHA are best handled by: End users contacting the local OI&T staff initiating their request for assistance Entering a CA Technologies Service Desk Manager (CA SDM) ticket (for Class 1 products) with the VHA National Helpdesk which then gets forwarded to DSS Technical and Installation Services once assigned Using our self-help web-based solution (http://Technical and Installation.dssinc.com) Calling the main DSS Technical and Installation Services number at 561.284.7200 and then choosing the appropriate DSS Product. Emailing vha-service-desk@dssinc.com Regardless of who takes the call or receives the email, the Technical and Installation Specialist assigned to the software will be engaged to fulfill the services defined in this SLA as they are notified. Responses to routine requests will primarily be delivered using email and augmented by use of the telephone. Emergency Requests (Critical Priorities) For issues involving a VHA server crashing that hosts DSS products, patient safety (as defined by VA Directive Number 19-0201 Patient Safety Notifications, June 2004), or when one or more DSS Products are inaccessible to all the VHA end-users, emergency Technical and Installation is available to the OI&T staff. Emergency Technical and Installation is best handled by calling the main DSS Technical and Installation Services number at 561.284.7200 and then choosing option 1. This option forwards to an experienced on-call DSS Technical and Installation Specialist who will work with the OI&T staff to address their issues as quickly as possible. Responses to emergency requests will primarily be delivered using the telephone and augmented by use of email. All requests for emergency Technical and Installation received by anyone other than the OI&T staff will be redirected to the OI&T staff. Customer Service Escalations If requests for Technical and Installation are not being handled within the OI&T staff s expectations as defined within this SLA then the following customer service escalation path should be used: Contact the DSS Technical Services Senior Manager by asking for him after calling his main phone number at 561.284.7000. Currently, the DSS Technical Senior Service Manager is Mark Tablinsky and he can be reached directly at 561.284.7216 or Mtablinsky@dssinc.com. Contact the DSS Technical and Installation Services Vice-President by asking for him after calling his main phone number at 561.284.7000. Currently, the DSS Technical and Installation Services Vice President is Joe Alvaro and he can be reached directly at 561.284.7206 or jalvaro@dssinc.com. Contact the DSS Account Manager by asking for them after calling their main phone number at 561.284.7000. DSS R&D Department Research and Development (R&D) personnel apply their expertise in software development methodologies to provide for the design, coding, and maintenance of software systems and solutions. As such, R&D personnel perform a wide variety of software development activities and tasks within defined roles of expertise, including collaboration on a project or product delivery team, architecting software products and solutions, designing and developing Graphical User Interfaces (GUIs), database files and storage procedures, developing database interfaces, analyzing bugs and developing solutions, as well as assisting in troubleshooting of production and deployment issues. DSS QA Department The DSS Quality Assurance (QA) team ensures the highest quality products by performing positive, negative, integrative and regressive testing on every new feature and/or build. The quality assurance management approach uses industry practices such as ProPath/Project Management Accountability System (PMAS), Information Technology Infrastructure Library (ITIL) and Capability Maturity Model Integration (CMMI) processes to align the VA s desired business outcomes, project-management goals, and quality-performance standards. Our project management team customizes standard processes to VA s needs and conducts interviews to determine whether the proper processes are in place and followed. The Quality Assurance group will employ Hewlett Packard s (HP s) Quality Center to track, manage, facilitate, and analyze readiness and closely assess risk management after capturing such data, metrics, and analytics can be supplied to management and project stakeholders. The Quality Assurance team follows the current Agile and Scrum methodology guidelines as demonstrated below: The Quality Assurance team develops test plans for each release. Each plan provides a breakdown of the specific functions to be tested, and may include testing of interfaces and dependent systems as required. Clear completion criteria will be defined for each test plan. The extent of an individual test plan will vary depending on the criticality and class of the product, the size and complexity of the release, and external interface validations required. System testing may be iterative in nature, and is bounded by the functional scope of a release. Software, common services, patches and minor enhancements will be tested with Application Lifecycle Management (ALM) HP Quality Center and other tools available to the Quality Assurance team to verify that the product performs according to customer specifications and does not cause harm or performance degradation to other applications and services that exist in the same environment. For test execution, the team maintains many VistA servers for Software Quality Assurance (SQA) purposes. These VistA servers contain the most recent patches of all VistA software. This allows the QA team to produce meaningful VistA scripts, document VistA package business rules and produce functional analysis documentation. Fictitious patient names are used on DSS systems to Technical and Installation compliance with the VA Information Technology (IT) Security and Health Insurance Portability and Accountability Act (HIPAA) regulations protecting patient privacy. Test Procedures created by the Test Analyst using the VA s ProPath tool, help guide the component integration testing and includes: Component Integration Test Defect Log, Component Integration Test Evaluation Summary, Component Integration Test Execution Log, and the Software Quality Assurance Review Checklist. A Component Integration Test Evaluation Summary is created to provide information to the Go/No Go Release decision process. The goal is to ensure that the software systems are of the highest quality, conform to performance requirements and the systems are stable. DSS Installation Services The DSS Installation department will provide the services necessary to successfully complete the task that it was employed to do. Since the company has been formed, the DSS Installation department has been staffed and trained with professional and certified technical personnel. These installers are further certified to install the products. They perform installation both physically on site, or remotely as required at all facilities. DSS Training Services The DSS Training Department provides training and Technical and Installation to both Administrative and Clinical products. For Administrative products, the contractor will provide each medical center with training during normal business hours. Medical Center specific training will be scheduled per the VHA's Project Lead's direction. Training items will include, but are not limited to, product and data validation, configuration, modification of user permissions and access, assisting VA staff in data collection and aggregation, triaging application and technical and installation issues and training the administrative workflow process. The Contractor's implementation Technical and Installation team will be on site for end user, super user and administrative training as well as shoulder-to-shoulder mentoring. For our Clinical products, the contractor will provide each medical center with training during normal business hours. Medical Center specific training will be scheduled per the VHA Project Lead's direction. Training items will include, but are not limited to, product and data validation, configuration, mapping, building views, modification or user permissions and access, design and train clinical workflow processes, assist clinicians in data collection and aggregation, triage clinical and technical and installation issues. The Contractor's implementation Technical and Installation team will be on site for end user, super user and administrative training, as well as shoulder-to-shoulder mentoring. DSS Product Line Management (PLM) Department The PLM department understands the challenges related to managing large-scale initiatives that involve multiple stakeholders with competing objectives and how these can impact Electronic Health Record (EHR) projects. Project management teams analyzes project goals and objectives to gain a comprehensive understanding of the requirements and develops a structured strategy. Our nimble approach to project management gives us the flexibility and adaptability necessary to develop enhancements and monitor the effectiveness of assessment and reporting tools. All members of DSS project management teams adhere to industry best practices and methodologies, including Project Management Accountability System (PMAS), Capability Maturity Model Integration (CMMI), Information Technology Infrastructure Library (ITIL) and Project Management Institute (PMI). Each project management team is fully supported by subject matter experts, business analysts, software developers, quality assurance and documentation specialists, software installers, customer trainers and technical and Installation services. DSS Company Information Security and Privacy Office (CISO) The DSS CISO acts as the liaison between DSS employees, partners and VA with regard to VA background investigations, VA access, and ensuring that all contractors working on VA contracts are in compliance with VA policy and procedure and ensures HIPAA compliance across the organization. In order to ensure the timely onboarding of DSS employees and contractors for the project, as well as the facilitation of Virtual Private Network (VPN) account requests, VA Lync and VistA or server access requests, the VA must provide a designated Contracting Officer Representative (COR) or designated VA contact person, that the DSS Company Information Security and Privacy Office is able to work with regularly who is responsive to requests and to questions as they arise. Failure to do this, will result in downtime for the project. The DSS CISO is staffed with knowledgeable team members fluent in VA policy and procedure regarding VA background investigations and VA access. Other Considerations and Governing Agreements Term This SLA will commence upon issuance of a license for a DSS Product and will continue for as long as a DSS Product is licensed to the VHA. Early termination of the SLA, extension of coverage, and expansion of the scope must be agreed upon by both parties and contract officers. Equipment DSS will provide all of the necessary equipment for DSS employees and contractors to perform the services outlined in this SLA. All equipment used by DSS employees and contractors will meet the VHA s security and data encryption requirements. Personnel Changes DSS may provide, for the purposes of maintaining redundancy, additional employees and contractors to assist team members while performing the services outlined in this SLA. In these cases, DSS will ensure all the VHA requirements are met. DSS will notify the VHA Information Security Office (ISO) and Facility Chief Information Officer (FCIO) immediately when an employee or contractor assigned to the VHA is no longer employed by DSS. In this case, the VHA ISO and FCIO should immediately terminate access to all systems, physically and remotely. Security & Privacy DSS shall adhere to all VA Privacy & Security, the Privacy Act and HIPAA requirements when obtaining and reviewing diagnostic information. This includes all log files, error traps, screen capture images and database query results used to aid Technical and Installation in their troubleshooting activities. VA Access This contractor and subcontractor shall abide by the requirements of 41 CFR 60- 741.5(a) and 41 CFR 60-300.5(a). These regulations prohibit discrimination against qualified individuals on the basis of disability or protected veteran status, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities or protected veterans. The VA will provide the DSS CISO with the name(s) and contact information of the designated COR or point of contact for the contract, during or before the project kickoff call, so requests may be addressed in a timely fashion, as to not interfere with the rollout of the project. This individual will be responsive to requests and will notify the DSS CISO in advance if they will be unavailable for any period of time. Any required background investigations will be processed through the designated VA COR and/or point of contact for the contract and the COR or point of contact will list a member of the DSS CISO on the background investigation requests that are submitted to the Veterans Service Center (VSC) and the VA Security Investigation Center (SIC). They will also provide guidance as to the level of investigation that will be required for contractors working on this contract. In addition, the designated COR or point of contact for this contract will work with the DSS CISO to request and obtain Certificates of Investigation (COIs) and Certificates of Eligibility (COEs) from the VA SIC. This COR or point of contact for this contract will be responsible for collecting the annual Talent Management System (TMS) training, Contractor Rules of Behavior and Non-Disclosure Agreements from all contractors working on the contract. The VA will provide DSS contractors and specified partners with VA VPN account access and VA Citrix Access Gateway (CAG) Access. In addition, VA Personal Identity Verification (PIV) badge sponsorship, VA Lync access and VA facility access, to include VistA, server and product access, Forum access, and CA SDM access will be provided as required in order for the contractor to fulfill their contractual obligations. Talent Management System access will be provided so that annual required VA training may be completed. Resources, Roles, and Responsibilities Identified below are the resources, roles to be played, and their associated responsibilities: DSS Technical and Installation Services Director Technical and Installation Services Director is responsible for ensuring that the Technical and Installation Specialists and Product Technical and Installation Managers assigned to VHA have the resources they need to fulfill their obligations as defined in this SLA. Also serves as a customer service escalation point. DSS Development Director The Development Director is a key R&D department member involved in managerial aspects of the department as well as being a project team member involved in all aspects of software development. Development Directors specialize in the oversight of development for DSS markets such as government or commercial/open-source. Development Directors may have further designation of specialization in either application or M development; or they may oversee both types of development activities. DSS Installation Director The Installation Director is responsible for the management and coordination of VHA product installations. The Director is responsible for the management of the development and maintenance of product specific installation manual content. This individual is also responsible for the management of the training and certification of Installation staff. This role also manages in-house Installation and testing of all DSS and partner marketed software prior to installation. Lastly, the Installation Director is responsible for departmental reporting and budgeting. DSS QA Director The QA Director is responsible for overseeing all quality assurance efforts within the organization, including the development and implementation of the quality assurance program. The QA Director administers quality assurance management systems and develops and monitors quality assurance programs. This individual hires, trains and supervises QA staff and managers. DSS Director of Training The Director of Training oversees the Training and Implementation Department and is responsible for the overall Training Process from the time of the Purchase Order (PO) until the site is fully implemented. DSS Product Line Management Director The Product Line Management Director is responsible for the overall management of the management and delivery of DSS, Inc. products and services. This individual also oversees development projects for TRM Plus-TEDP DSS Software License and Service Level Agreement TRM Plus-TEDP DSS Software License and Service Level Agreement existing and new products/projects, product enhancements, modifications and/or bug fixes and acts as a mediator between DSS, Inc. and its partner companies. DSS Company Information Security and Privacy Office Manager The Company Information Security and Privacy Office Manager acts as the liaison between DSS employees, partners and the VA with regard to VA Access, background investigations, and VA compliance, as well as ensuring HIPAA compliance across the organization. This individual makes executive decisions on behalf of the department, communicates with DSS management and VA management, attends meetings in order to stay informed and in frequent contact with other DSS departments, and enforces privacy policies. This manager oversees the duties and activities of the Junior and Senior Company Information Security and Privacy Specialists. VHA End Users The VHA End Users are responsible for first contacting their local OI&T Single Point of Contact (SPOC) to report the issue at hand. VHA Local IT SPOC The VHA Local IT SPOC is responsible for helping the DSS Technical and Installation Specialist(s) and Supervisory Technical and Installation Specialist coordinate their fulfillment of the Services outlined in this SLA within the VHA. VHA ISO The VHA ISO is responsible for granting access requests to VA computer systems hosting DSS products when required for DSS Technical and Installation to perform the duties as outlined in this SLA or accompanying access requirement addenda. TRM Plus-TEDP DSS Software License and Service Level Agreement ADDENDUM A: ACRONYMS AND TERMS Acronym Definition AEMS Automated Engineering Management System ALM Application Lifecycle Management CA CA Technologies CAG Citrix Access Gateway CI Configuration Items CIO Chief Information Officer CISO Company Information Security and Privacy Office CMMI Capability Maturity Model Integration CO Contracting Officer COE Certificate of Eligibility COI Certificate of Investigation COR Contracting Officer Representative DSS Document Storage Systems, Inc. Acronym Definition DSS Products DSS or DSS Partner Proprietary Software Solution EHR Electronic Health Record FCIO Facility Chief Information Officer GFE Government Furnished Equipment GIP Generic Inventory Package GUI Graphical User Interface HIPAA Health Insurance Portability and Accountability Act HP Hewlett Packard ISO Information Security Officer IT Information Technology ITIL Information Technology Infrastructure Library M MUMPS MDIA Medical Device Isolation Architecture MERS Medical Equipment Reporting System Acronym Definition NMEA Non-mail enabled account OI&T Office of information and Technology PHI Protected Health Information PIV Personal Identity Verification PKI Public Key Infrastructure PLM Product Line Management PMAS Project Management Accountability System PMI Project Management Institute PO Purchase Order POC Point(s) of Contact QA Quality Assurance QAL Quality Assurance Lead QAM Quality Assurance Manager R&D Research and Development Acronym Definition S2S Site to Site SDM Service Desk Manager SIC Security Investigations Center SMC Cisco Secure Mobility Client VPN Solution SME Subject Matter Expert SOP Standard Operating Procedure SLA DSS Software License and Service Level Agreement SPOC Single Point of Contact SQA Software Quality Assurance TMS Talent Management System TRM Telecare Record Manager VA Veterans Administration VAMC Veterans Administration Medical Center VHA Veterans Health Administration Acronym Definition TEDP Triage Expert Dual Purpose VistA Veterans Health Information Systems and Technology Architecture VPN Virtual Private Network VSC Veterans Service Center Term Definition Problem A problem is the unknown cause of one or more incidents. The lifecycle includes proactive activities to detect and prevent future problems/incidents by diagnosing the root cause of incidents, determining the resolution of those incidents, the development of a known error sub-process to allow quicker diagnosis and resolution if future incidents do occur, and ensuring that the resolution is implemented through appropriate change control procedures. Incident An unplanned interruption to an Information Technology (IT) Service (e.g., use of an application) or a reduction in the Quality of an IT Service). Service Request A formal request from a user for something to be provided. (For example, a request for information or advice; to reset a password; or to install a workstation for a new user.) Service requests are managed by the request fulfillment process, usually in conjunction with the service desk. Service requests may be linked to a request for change as part of fulfilling the request. Known Error A Problem that has a documented root cause and a workaround solution DOCUMENT STORAGE SYSTEMS, INC. Software License Agreement DSS Telecare Record Manager Plus (TRM Plus) This Software License Agreement sets forth the terms and conditions upon which DSS licenses the Software to the Ordering Activity that issues a Purchase Order (whether a task or delivery order) under the applicable Schedule contract into which this Software License Agreement has been incorporated. We ask that you return the Registration contained in this package as soon as possible. LICENSE: Document Storage Systems, Inc. grants you a non-exclusive, limited license to use this DSS Telecare Record Manager Plus (TRM Plus) software product as identified in the applicable Purchase Order (the "Software"), and other related materials, including documentation ("Related Materials") subject to the terms and conditions set forth in this License Agreement. You are responsible for the selection of the Software to achieve your intended results, and for the installation, use, and results obtained from the Software. COPYRIGHT: This Software and the Related Materials are owned by Document Storage Systems, Inc. and are protected by United States copyright laws, trade secret statutes, and international treaty provisions. You must treat the Software and Related Materials like other copyrighted and trade secret material with the following exception. Under this License Agreement, you may only copy the Software as a step in its utilization, or for the purpose of having an archival or backup copy. All copyright notices must be reproduced on all copies. You may not copy the Related Materials. RESTRICTIONS ON USE AND TRANSFER: The Software is licensed to the facility indicated in the applicable Purchase Order. You may use the software on the servers or personal computers at the facility as stated in the Purchase Order. You may transfer all of your rights to the Software to another party if the other party receives a copy of this License Agreement and accepts all of its terms and conditions and uses it at the new facility accepting the Software license. If you transfer the Software, you must also transfer the Related Materials and all copies of the Software (or destroy those copies not transferred) to the other party. Such a transfer terminates your license to use the Software and the Related Materials. You may not use, copy of transfer copies of the Software and Related Materials except as provided for in this License Agreement, as required by the Federal Rules of Acquisition if the purchaser is a federal agency, or in the Purchase Order. You may not modify, reverse assemble or reverse compile the Software. You may not sub-license, rent, lease or assign the Software and Related Materials. LIMITED SOFTWARE WARRANTY: Document Storage Systems, Inc. warrants that the Software, unless modified, will perform substantially in accordance with the Related Materials for a period of ninety (90) days from the date of delivery to the original licensee. If notified in writing during this warranty period that the Software is defective, Document Storage Systems, Inc. will attempt to make the Software operate as warranted by providing corrections. If Document Storage Systems, Inc. is unable to correct the defects within ninety (90) days after the notification, you may terminate your license and obtain a refund by returning all copies of the Software and Related Materials, together with a copy of your license payment receipt. You assume all shipping and handling charges for return and replacement of the Software and Related Materials under this warranty. This limited warranty will apply only if the Software is licensed and located in the United States. Document Storage Systems, Inc. does not warrant that the functions contained in the Software and Related Materials will meet your requirements or that the operation of the Software will be error free, or that defects in the Software will be corrected. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state. LIMITATION OF REMEDIES AND LIABILITY: The remedies described in this License Agreement are your exclusive remedies and Document Storage Systems, Inc.'s entire liability. IN NO EVENT WILL DOCUMENT STORAGE SYSTEMS, INC. BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST BENEFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY BREACH OF WARRANTY. DOCUMENT STORAGE SYSTEMS, INC. LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL BE LIMITED TO THE MONEY PAID FOR THE SOFTWARE OBTAINED FROM DOCUMENT STORAGE SYSTEMS, INC. THAT CAUSED THE DAMAGES OR THAT IS THE SUBJECT MATTER, OR IS DIRECTLY RELATED TO, THE CAUSE OF ACTION. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. TERM: This License Agreement is effective until the end date indicated in the Purchase Order or it is otherwise terminated. You may terminate it at any time by destroying all copies of the Software and Related Materials in any form and otherwise in accordance with the procedures specified in the Contract, the Purchase Order, and applicable Federal regulations. Upon such termination, you agree to destroy all copies of the Software and Related Materials. GOVERNMENT LICENSES: RESTRICTED RIGHTS LEGEND In the event this product is licensed to the United States Government, U.S. Government Rights: Licensee agrees that the Licensed Software and Documentation is "commercial computer software" or "commercial computer software documentation" or commercial technical data and/or computer databases and that, absent a written agreement with Licensor to the contrary, Licensee s rights with respect to such Licensed Software or Documentation are Restricted Rights, as defined in FAR �52.227.19, and if for Department of Defense use, limited by the terms of this License, pursuant to DFARS �227.7202. Licensee s rights to use, modify, reproduce, release, perform, display, or disclose, these technical data and/or computer databases and/or commercial computer software and/or commercial computer software documentation are subject to the Limited Rights restrictions of DFARS �252.227-7015(b)(2) (November 1995) and/or subject to the restrictions of DFARS �227.7202- 1(a) (June 1995) and DFARS �227.7202-3(a) (June 1995), as applicable for Department of Defense procurements and the Limited Rights restrictions of FAR �52.227-14 (December 2007) and/or subject to the Restricted Rights provisions of FAR �52.227-14 (December 2007) and FAR �52.227-19 (December 2007), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements. Notwithstanding anything herein to the contrary, the parties agree that the restricted rights use restrictions of 52.227 that pertain to computer software as defined therein are applicable to the Licensed Software hereunder, and the limited rights use restrictions that pertain to computer software documentation as defined therein apply to documentation hereunder. Specifically, the parties agree that all software and technical data is and has been privately developed at the expense of Licensor and/or its third party suppliers. EXPORT LAW ASSURANCES: You acknowledge that the Software is subject to restrictions and controls imposed under the U. S. export Administration Act. You certify that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited under the Act. APPLICABLE LAWS: This Agreement is governed by the laws of the United States, including patent and copyright laws, and (to the extent not pre-empted by U.S. law) by the laws of the State Missouri. Any claim arising out of this License Agreement will be brought in a forum prescribed by applicable Federal law. Document Storage Systems, Inc., 12575 US Hwy 1, Suite 200, Juno Beach, Florida 33408 (561) 284-7000 Document Storage Systems, Inc. (DSS) & DSHI Systems, Inc. (DSHI) Software License Agreement Triage Expert Dual Purpose (TEDP) This Software License Agreement ( Agreement ) sets forth the terms and conditions upon which DSS and DSHI (DSS and DSHI are collectively referred to as, the Licensor ) licenses the Software to the Ordering Activity that issues a Purchase Order (whether a task or delivery order) under the applicable Schedule contract into which this Software License Agreement has been incorporated. Intent of Agreement: You have entered into this Agreement so you can access and use Licensor's Triage Expert Dual Purpose (TEDP) software product ("Software") in the performance of your clinical services. This Agreement restricts the use of the Software to your internal operations and computers. Scope of Agreement: This Agreement constitute the components of the agreement between you and Licensor concerning Licensor s provision of Software and your use of such Software. This Agreement replaces and supersedes any prior verbal understandings, written communications, and representations. Acceptance of Agreement: Access and utilization of Licensor's Software by you constitutes acceptance of the terms and conditions set forth in this Agreement. Term of Agreement: This Agreement shall remain in effect for one (1) year from the date of its execution unless it is prematurely terminated by an act of default or termination in accordance with Section 7. Provisions for renewals and extension of this Agreement are contained herein. TERMS AND CONDITIONS Limited License Software. Upon execution of this Agreement and compliance with all its terms including terms of all attached Schedules, Licensor hereby grants you a limited, nonexclusive, nontransferable License to use the Software for internal data operations at your site(s). Any third party software products, data files or modules provided to you relating to the Software shall be used solely with said Software. Limitations and Right to Limited License to Third Parties You may not resell, distribute, copy or sublicense the Software in any form, including portions thereof, except as specifically defined in this Agreement, without the prior written consent of the Licensor. Furthermore, Licensor has the right to sell or license at any time all versions of the Software and Data Files, including adaptations thereof, as well as all other products at any time without your permission. Limited License Limitations Except as expressly authorized herein, you shall not, nor assist any third party to: copy or modify the Software, except as necessary to incorporate it into your application in accordance with the terms of this Agreement; reverse engineer, disassemble or decompile the Software or in any way attempt to discover or reproduce the codes, techniques, formats, concepts, methods, ideas and information contained in or used to create the Software; publish, distribute, disclose, rent, license, sublicense or transfer to any third party any portion of the Software in any business arrangement or third party training or otherwise translate the Software by any means other than that specifically defined in this Agreement; invoke the Software, other than through documented API calls; publish, distribute, disclose, market, sell, rent or license Licensor's Software in any form on the Internet or an intranet other than specifically permitted by the terms of this Agreement. Licensee shall: protect the Software with at least the same degree of security and privacy as used for its own proprietary products and information; promptly notify Licensor if any breach of security of the Software may or is known to have occurred; promptly notify Licensor if any breach of security of the Software may or is known to have occurred; use the Software only on computer servers complying with Licensor s technical requirements; comply with all requirements of this Agreement. No license, right, or interest in any Licensor trademark, trade name, or service mark is granted hereunder. You are however authorized to name Licensor as the supplier of the Software for promotional purposes. Licensor has the right to display its copyright on the Software and all software applications produced and licensed by Licensor. You and Licensor may publish general press releases regarding this Agreement. The Software is licensed on a per Veteran Integrated Service Network (VISN) basis. An unlimited number of Software users within a licensed VISN are authorized to serve veterans within that same VISN. Licensed Software users may serve veterans outside their licensed VISN, provided that the VISN in which the veteran resides also maintains an active license to the Software. Fees and Payment Terms You will pay all the fees as specified in a valid purchase order, submitted by you and accepted by the Licensor. Title and Protection Licensor warrants that it is the owner of the entire right, title, and interest in and to the Software, that it has the sole right to grant license thereunder, and that it has not knowingly granted contracts or licenses thereunder to any entity that would restrict rights granted hereunder. Licensor retains title to all portions of the Software. The Software contains valuable proprietary information. Accordingly, you shall not disclose the Software to anyone other than your employees or consultants under nondisclosure obligations who have a need to know for purposes consistent with this Agreement. You shall ensure that anyone who has authorized access to the Software complies with the provisions of this agreement. Copyright Protection: Third Parties Licensor warrants that the Software does not infringe upon any United States copyright. Licensor shall have no liability if a claim of alleged infringement is based on: (i) a modification of the Software by anyone other than Licensor, or (ii) the use of the Software integrated into your applications as a single product or function, or (iii) use of the Software other than in accordance with the terms of this Agreement. If the Software is finally adjudged to so infringe, or in the Licensor's opinion is likely to become subject of such as claim, or in the defense or settlement of the action, the Licensor shall, as its option, either: (1) procure you the right to continue using the Software, (2) modify or replace the Software to make it non infringing while giving equivalent performance, or (3) refund the fee paid during the current Term, less appropriate usage amounts, upon return of the Software. Default and Termination You may terminate this Agreement at any time without cause. Licensor has no obligation to refund fees already paid by you for a termination that occurs prior to end of a year for which the license fees have previously been paid. Licensor may terminate this Agreement after default by you. Any of the following shall constitute an event of default: You fail to perform any of your obligations under Sections 3 Limited License Exclusions or Section 5 Title and Protection, ; or You fail to perform any other material obligation under this Agreement, including payment of moneys owed, and such failure remains uncured for more than thirty (30) days after receipt of written notice thereof. If an event of default occurs, the non-defaulting party, in addition to any other rights available to it under law or equity, may terminate this Agreement and all limited licenses granted hereunder by written notice to the defaulting party. Remedies shall be cumulative and there shall be no obligation to exercise a particular remedy. Within fifteen (15) days after termination of this Agreement, you shall certify in writing to Licensor that all copies of the Software in any form, including partial copies within modified versions, have been destroyed or returned to Licensor. Renewal or re-negotiation of this Agreement may be requested by either party with a minimum of sixty (60) days-notice prior to its expiration date. In this event, Licensor will provide current pricing and terms for its Software and services within thirty (30) days of the expiration date of this Agreement. In the event of default or termination of this Agreement, you agree that all the terms and limitations relating to nondisclosure, exclusions, and protection of Licensor's Software contained in sections 3.1, 5.3, 7.3, 9, and 17 shall survive after any such default or termination. Limited Warranty Licensor warrants that it has title to the Software and the authority to grant a license to access and use the Software. Licensor warrants that the Software will perform substantially in accordance with the Licensor's Documentation for the term of the Agreement. Licensor's and its suppliers' entire liability and your exclusive remedy shall be, at Licensor's option, either: (a) return of the price paid, or (b) repair or replacement of the Software that does not meet Licensor's Limited Warranty and which is returned to Licensor. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software or hardware will be warranted for the remainder of the original warranty period. LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE, THE DOCUMENTATION AND ANY ACCOMPANYING HARDWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSOR DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM ALL ERRORS AND OMISSIONS, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT USE OF THE SOFTWARE WILL BE INTEGRATED OR WITHOUT ERROR. LICENSOR DOES NOT RECOMMEND, ADVISE OR SUGGEST THAT ANY PHYSICIAN OR OTHER HEALTHCARE PROVIDER USE THE SOFTWARE FOR DIAGNOSTIC PURPOSES. Limitations of Liability IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO LICENSOR FOR THE SOFTWARE OR THE SERVICES FROM WHICH THIS CLAIM AROSE. THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY RISK, WHICH IS SET FORTH IN THIS SECTION. NEITHER LICENSOR, STEPHEN J. SCHUELER, M.D., THE MEDICAL STAFF CONSULTANTS, DEVELOPMENT STAFF, OR OTHER LICENSOR REPRESENTATIVE MAKE ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, ACCURACY, OR CURRENTNESS OF THE INFORMATION CONTAINED WITHIN THE SOFTWARE. ALL SUCH INFORMATION IS PROVIDED AS IS" TO YOU. LICENSOR SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE CAUSED IN WHOLE OR IN PART BY CIRCUMSTANCES BEYOND ITS CONTROL IN THE PROCURING, COLLECTING, INTERPRETING, COMPILING, COMMUNICATING, OR DELIVERING THE INFORMATION CONTAINED IN THE SOFTWARE. NOTWITHSTANDING, THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO DAMAGES THAT ARE THE RESULT OF GROSS NEGLIGENCE OR INTENTIONAL CONDUCT OF LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. THE PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO TERMINATION WITHOUT LIABILITY UPON THE OCCURRENCE OF ANY CIRCUMSTANCE BEYOND THE CONTROL OF EITHER PARTY SUCH AS ACTS OF GOD, WAR, GOVERNMENT REGULATIONS, DISASTER, STRIKES (EXCEPT THOSE INVOLVING THE EMPLOYEES OR AGENTS OF THE PARTY SEEKING THE PROTECTION OF THIS CLAUSE), CIVIL DISORDER, OR CURTAILMENT OF TRANSPORTATION FACILITIES TO THE EXTENT THAT SUCH CIRCUMSTANCE MAKES IT IMPOSSIBLE TO PROVIDE OR MAINTAIN THE SOFTWARE OR SERVICES. THE ABILITY TO TERMINATE THIS AGREEMENT WITHOUT LIABILITY PURSUANT TO THIS PARAGRAPH IS CONDITIONED UPON DELIVERY OF WRITTEN NOTICE TO THE OTHER PARTY SETTING FORTH THE BASIS FOR SUCH TERMINATION WITHIN TEN (10) DAYS AFTER LEARNING OF SUCH BASIS. Software Support Services Terms and Conditions You are responsible for all client computer installation, configuration, testing, and maintenance. You are also responsible for network administration setup, such as user and group creation, configuration and access rights verification. DSHI Systems, Inc. provides telephone support services, Monday through Friday, between the hours of 9 AM EST and 5 PM EST, excluding national holidays. A voice recorder will receive calls after business hours. The telephone support services number is 321-637-0321. You may also send electronic messages to DSHI Systems Inc. via Email at support@dshisystems.com. Responses to messages received during normal business hours will usually be made with 24 hours. The response will include identification of the problem, assuming that a problem does exist, and a plan for investigating and solving the problem. Licensor will provide updates to Software on a quarterly basis, free of charge, for the term of the Agreement. Time spent by Licensor technical support personnel solving problems that are unrelated to the Software will be billed at standard Licensor technical T&M rates. Data Shipping Methods and Shipping Costs Any transfer of documentation shall be transferred via secure FTP, email, or delivered to you on appropriate storage media, such as CD or DVD. Medical Data File Updates and Transfers Licensor will provide you with Medical Data Updates at a minimum of one (1) update per quarter, with the first update to be provided within six months following the initial access of the Software. Licensor will provide Licensee with any relevant changes in Documentation during the Term of this Agreement. Required Third Party Software Products The Software may require standard third party software products for normal operation, which shall be included in the Documentation. Such products shall be purchased, installed and configured by you according to the Documentation. Notices All notices shall be in writing and sent by first class mail, overnight mail, courier, or transmitted by facsimile (if confirmed by such mailing), to the addresses indicated on the first page of this Agreement, or such other address as either party may indicate with at least ten (10) days prior written notice to the other party. Assignment by Licensee You may not assign this Agreement (by operation of law or otherwise), license or sublicense the Software without the prior written consent of Licensor. Any prohibited assignment or licensing shall be null, void and in default. Assignment by Licensor Licensor may assign this Agreement (by operation of law or otherwise) or license the Software to another entity without you prior written consent. In the event of any such assignment or in the event of the purchase of a controlling interest of Licensor by a third party, Licensor warrants that the terms of any assignment or purchase shall include provisions for the following: You will be notified of any change in the controlling interest of Licensor by a third party; and all terms and conditions of this Agreement, including Software support, remain unchanged throughout the duration of this Agreement. Nondisclosure Obligation The terms, conditions, pricing and any other proprietary information related to this Agreement are confidential and shall not be disclosed, orally or in writing, by you to any third party without the prior written consent of Licensor or as required by State law. You shall protect the Software with at least the same degree of care and confidentiality, which you utilize for similar proprietary information that you do not wish disclosed to other parties. You may provide access to and use of the Software only to the degree necessary for third parties who are under contract with you to provide services related to hardware, software or system integration, programming and maintenance, provided any such third parties have executed a nondisclosure agreement pertaining to Licensor's proprietary property and provided this Agreement is not terminated. Copies of executed nondisclosure agreements with any third parties accessing the Software shall be forwarded to Licensor within 30 days of signature. General This Agreement is made in and shall be governed by the laws of the State of Florida, excluding choice of law principles. Venue shall be in Brevard County, Florida. The section headings herein are provided for convenience only and have no substantive effect on the interpretation of this Agreement. Except for your obligation to pay Licensor, neither party shall be liable for any failure to perform due to causes beyond its reasonable control. If any provision of this Agreement held to be unenforceable, this Agreement shall be construed without such provisions. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party's right to exercise such right or any other right in the future. Except for actions for nonpayment or breach of Licensor's proprietary rights in the Software, no action regardless of form, arising out of this Agreement may be brought by either party more than one year after the cause of action accrued. This Agreement may be amended only by a written document executed by a duly authorized representative of each of the parties. This Agreement may be executed in counterparts. Government Licenses: Restricted Rights Legend In the event this Software is licensed to the United States Government, all other terms of this license notwithstanding its use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in the applicable FAR governing the purchase. Definitions "Administrative Access" means remote access to the server limited license to run the Software by some secure log-on mechanism such as PC Anywhere, or other software product provided by Licensor, for the purpose of general monitoring and maintenance. "API" means any computerized application programming interface including but not limited to dynamic link libraries (dll), COM (objects), and ActiveX controls. "Documentation" means technical publications relating to the use of the Software, such as reference and user, and technical guides delivered by Licensor to you. "Medical Data Updates" means any of Licensor's proprietary medical content in any format including but not limited to machine-readable, database, and text file form. "Software" means any and all Licensor software, including but not limited to Triage Expert Dual Purpose. "T&M" means "time and materials" (as used herein, meaning a professional's hourly rate, plus out-of- pocket costs). NOTE: THIS NOTICE WAS NOT POSTED TO FEDBIZOPPS ON THE DATE INDICATED IN THE NOTICE ITSELF (18-DEC-2018); HOWEVER, IT DID APPEAR IN THE FEDBIZOPPS FTP FEED ON THIS DATE. PLEASE CONTACT 877-472-3779 or fbo.support@gsa.gov REGARDING THIS ISSUE.
Web Link: Link To Document
(https://www.fbo.gov/spg/VA/BroVANAP/VAMD/36C24219Q0180/listing.html)
Place of Performance: Zip Code: 10468-3904
Record: SN05177179-F 20181220/181218230020 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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D -- DSS Software License (telehealth)