6515 DSS Databridge Licensing & Support

STATEMENT OF WORKVISN 23 DSS Databridge License renewal and software support contractSCOPE:  The VISN 23 has purchased a license for the DSS CIS-DataBridge product that requires an annual maintenance and telephone support services contract.  This maintenance agreement is for bug fixes and enhancements, online and telephone technical support, and other services described in this SOW as well as software license renewal.  These support services and renewal apply to all facilities in VISN 23 per chart on attachment 1.CONTRACT PERIOD:  Contract period shall be a base year from October 1, 2022 through September 30, 2023.  With four option years thereafter.SERVICES PROVIDED:Software license renewal according to attachment 2:Telephone and on-line support including: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 & Installation Services will work

with the VHA end-users to address their issues with licensed DSS products.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 awareof issues that may impact their usage of licensed DSS products through DSS’ Self Service Portal (http://support.dssinc.com).Upon request, make available to the OI&T staff live reports including:Summary of tickets opened for licensed DSS products for whatever period of time during the contract year.Summary of incidents, service requests and problems currently open and those closed for whatever period of time during the contract year for licensed DSS products.Summary of known errors impacting the site along with their status and expected release date and workaround.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.Services shall be initiated as follows:Routine Requests :Between the hours of 8:00 AM and 7:00 PM ET, excluding weekends and federalHolidays, requests from the VHA are best handled by:End users contacting the local OI&T staff initiating their request for assistanceEntering 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 & Installation Services once assignedUsing our self-help web-based solution (http://support.dssinc.com)Calling the main DSS Technical & Installation Services number at 561.284.7200 and then choosing the appropriate DSS Product.Emailing vha-service-desk@dssinc.comEmergency Requests (Critical Priorities):For issues involving a VHA server crashing that hosts DSS products, patient safety  or when one or more DSS Products are inaccessible to all the VISN 23 end-users, emergency support is available to the OI&T staff.   Emergency support is best handled by calling the main DSS Technical & Installation Services number at 561.284.7200 and then choosing option 1.  This option forwards to an experienced on-call DSS Technical & Installation Services 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 support received by anyone other than the OI&T staff will be redirected to the OI&T staff.Customer Service Escalations: If requests for support are not being handled within the OI&T staff’s expectations as defined within this SOW then the following customer service escalation path should be used:1. Call the DSS main number at 561.284.7000 to contact the DSS Technical & Installation Services Senior Manager. Currently, the DSS Technical Senior Service Manager is Mark Tablinsky. He can be reached directly at 561.284.7216 or Mtablinsky@dssinc.com.2. Call the DSS main number at 561.284.7000 to contact the DSS Technical & Installation Services Vice-President. Currently, the DSS Technical & Installation Services Vice-President is Joe Alvaro. He can be reached directly at 561.284.7206 or jalvaro@dssinc.com.3. Call the DSS main number at 561.284.7000 to contact the DSS Account Manager.In addition VA has Access to:DSS Training Services The DSS Training Department provides training and support 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 support issues and training the administrative workflow process. The Contractor's implementation support 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 support issues. The Contractor's implementation support team will be on site for end-user, super-user and administrative training, as well as shoulder-to-shoulder mentoring.DSS Product LineManagement (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 analyze 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), CMMI, 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 ServicesDSS 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. The COR or designated VA contact person works with the DSS Company Information Security and Privacy Office regularly and 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.Exclusions:There are some boundaries for these services; both internal and external. These include:On-site DSS product updates (available through Premium Technical Services)VHA VistA system updates and supportNon-DSS and non-DSS partner applications including the operating system or database hosting softwareInfrastructureHardwareOn-site support (available through Premium Technical Services)Staff augmentation (available through Premium Technical Services)Unlicensed DSS productsMore than basic assistance with server migrations and consolidations for licensed DSS Products (available through DSS Maintenance Services)End-user support that is not initiated by OI&T staffThe replacement of DSS Installation Services with DSS Standard Technical ServicesAttachment 1: Facility list for VISN 23FacilityAddressDes Moines Division - VA Central Iowa Health Care System3600 30th StreetDes Moines, IA 50310Iowa City VA Medical Center601 Highway 6 WestIowa City, IA 52246-2208Fargo VA Medical Center2101 Elm StreetFargo, ND 58102Minneapolis VA Medical CenterOne Veterans DriveMinneapolis, MN 55417Omaha Division - VA Nebraska Western Iowa Health Care System4101 Woolworth Ave.Omaha, NE 68105VA Black Hills Healthcare System113 Comanche RoadFort Meade, SD  57741Sioux Falls VA Medical Center2501 W. 22nd Street,PO Box 5046Sioux Falls, SD 57117St. Cloud VA Medical Center4801 Veterans DrSaint Cloud, MN 56303Attachment 2:                                   DOCUMENT STORAGE SYSTEMS, INC.Software License Agreement - FacilityDSS CIS Databridge VistA InterfaceThis 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.1. LICENSE: Document Storage Systems, Inc. grants you a non-exclusive, limited license to use this DSS CIS Databridge VistA Interface software product (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.2. 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.3. 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.4. 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.5. 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 FRO 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.6. TERM: This License Agreement is effective until 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.7. GOVERNMENT LICENSES: RESTRICTED RIGHTS LEGENDIn 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.8. 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.9. 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