7H20--Omnicell IVX VistA Interface Perpetual License Software Middleware

Page 2 of 2 Statement of Work VAMC Wilmington, Delaware DSS Software License and Service Level Agreement - Rx Framework - Perpetual License VAMC Wilmington, has purchased IVX Omnicell equipment for remote checking of Compounded Sterile Products. Remote checking will increase accuracy, improve record keeping, reduce the foot traffic in the IV clean room suite and hence improve overall compliance with the USP 797 and USP 800 chapters governing Sterile compounded Products. DSS software is required for functionality of the IVX Omnicell equipment. DSS software will transmit patient specific Sterile Compounded product orders to the IVX machine to process any needed compounding. Pharmacist can then request technicians to start compounding needed products. Each ingredient used to compound the final product along with its quantity, manufacturer, lot number and expiration date will be recorded electronically in IVX machine with DSS software. Essentially, DSS software is needed for IVX Omnicell equipment functionality. Contracting Officer s Representative Name: James Moore Section: 135 Facilities Services, Biomedical Engineering Address: 1601 Kirkwood Highway Wilmington DE 19808 Phone Number: +1 (555) 000-0000 Fax Number: no E-Mail Address: contact@example.gov Agreement Overview Product Description DSS Department Services Constraints/Dependencies Exclusions Deliverables Requesting Support Routine Requests (High, Medium, and Low Priorities) Emergency Requests Selecting a Priority Customer Service Escalations Other Considerations and Governing Agreements Term Equipment Personnel Changes Security & Privacy VA Access Software License Agreement Agreement Overview **This agreement represents a Service Level Agreement ("SLA" or "Agreement") between DSS, Inc. and Department of Veterans Affairs Veterans Health Administration ("VHA") for the provisioning of IT services required to support and sustain the software. This agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders. Product Description Veterans Health Administration ( VHA ) has purchased a license for Rx-Framework which helps providers prevent medication errors. Rx-Framework is a vendor-agnostic solution that integrates seamlessly with VistA and streamlines pharmacy workflows to help VA facilities achieve national patient safety goals related to medication management. Essentially DSS interface will integrate IV medications orders into Omnicell IVX machines. This enables electronic tracking of orders, medication and quantities used for preparation of sterile compounded products. Further it enables tracking of each product used from manufacturer, date of expiration as well as lot numbers. Specifically, this feature empowers pharmacy to have electronic data of any recalls and any medication s errors. Omnicell IVX has already been purchased by the facility and DSS interface is needed for functionality of IVX. DSS Department Services Technical and Installation Service DSS Technical & Installation Services ("TIS") 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, TIS staff will work with the VHA end-users to address their issues with licensed DSS products. Respond to issues reported to TIS 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. Assist the OI&T staff with keeping licensed DSS products up to date including assisting with updates over the telephone or VA Skype/Lync if requested and scheduled at least two-weeks in advance. Distribution of DSS Product updates via DSS Enterprise Manager for class 3 products, SFTP for Clinical applications, and VA Forum for all Class 1 products to the OI&T staff. Constraints/Dependencies There are a few items that may impact or compromise the ability of TIS 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, TIS 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 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, TIS 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 6 business days, the case will be closed. OI&T Staff Non-Response In order to categorize, diagnose, address, and ultimately resolve issues, TIS 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 6 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, TIS 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, TIS 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 TIS, 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. Critical and High issues should be communicated verbally over the phone to DSS as inquiries that are initiated from an email might be categorized incorrectly as the proper information might not be present to place the applicable priority. 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 TIS. Access Requirements In order to troubleshoot problems to critical systems, DSS Technical resources need to be able to access VA servers /VistA. If this access is not readily available, troubleshooting and issue resolution may be delayed or rendered unachievable, thus affecting patient care. Exclusions The following are excluded from this Agreement On-site DSS product updates (available through Premium Support Services) VHA VistA system updates and support Non-DSS and non-DSS partner applications including the operating system or database hosting software Infrastructure VA owned hardware support (available through Premium Support Services), even those purchased thru DSS, INC. On-site support (available through Premium Support Services) Staff augmentation (available through Premium Support Services) Premium reporting (available through Premium Support Services) Unlicensed DSS products More than basic assistance with server migrations and consolidations for licensed DSS Products (available through DSS Maintenance Services) End-user support that is not initiated via VA Enterprise Service Desk (ESD) Third-Party maintenance and technical support not related to the licensed software interfaced to an ICU and CIS-ARK system. Deliverables Upon request from the VA, DSS will deliver a report no later than 5 business days from initial request to the OI&T staff reports including: Summary of tickets opened for this product 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 this product. Summary of known errors impacting the site along with their status and expected release date and workaround. Reports will include the following; Reporter, Created Date, Resolution Date, Status, Summary, Location, Issue Number, Issue Type, and DSS Product. Requesting Support DSS Technical & Installation Services (TIS) is considered second level support for the OI&T staff for the licensed DSS product. Routine Requests (High, Medium, and Low Priorities) between the hours of 8:00 AM and 8:00 PM ET, excluding weekends and federal holidays, requests from the VHA are best initiated in the following preferred order: End-users contacting the local OI&T staff initiating their request for assistance Entering a VA ESD ticket which then gets forwarded to TIS once assigned Using our Support portal (https://support.dssinc.com) Calling the main TIS telephone number at +1 (555) 000-0000 Emailing contact@example.gov Regardless of who takes the call or receives the email, the DSS Analyst 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 the Support portal and augmented by use of the telephone. Emergency Requests For issues meeting the Critical criteria as described in the Priority matrix below; Emergency support is handled by calling the main TIS number. An experienced on-call DSS Analyst 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 documented in the Support portal. Requests will be triaged based on the priority as urgent (resolves in 2 hours or less), high (resolved within 2 business days), normal (resolved in 3 business days) or low (resolved in 4 business days). DSS Technical & Installation Services will respond within the timeframes listed above using the contact information provided by the person submitting the request for support. 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. In the event of an emergency, DSS is authorized to contact and notify its customers (and applicable VA personnel) and provide the expected start time and the planned duration of the emergency and if DSS expects all or any part of its service(s) to be unavailable during the emergency. Customer Service Escalations If requests for support 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: Call the DSS Technical Services Senior Manager, Mark Tablinsky, directly at +1 (555) 000-0000 or via email to: contact@example.gov. Call the DSS Technical & Installation Services Director, Scott Adler, directly at +1 (555) 000-0000 or via email to: contact@example.gov. 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 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 VA Contracting Office Representative (COR) immediately when an employee or contractor assigned to the VHA is no longer employed by DSS. In this case, the VA COR 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 TIS 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 based on 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 Facility Security Office (FSO) 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 FSO in advance if they will be unavailable for any period. Any required background investigations will be processed through the designated VA COR and/or point of contact for the contract. The COR or point of contact will list a member of the DSS FSO 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 FSO 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. If VA CAG access is not sufficient to fulfill the contract needs, Government Furnished Equipment (GFE) will be provided to the contractor. 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 ServiceNow ITSM Tool access will be provided as required for the contractor to fulfill their contractual obligations. Talent Management System access will be provided so that annual required VA training may be completed. Software License Agreement DOCUMENT STORAGE SYSTEMS, INC., Software License Agreement This Software License Agreement ( Agreement ) sets forth the terms and conditions upon which Document Storage Systems, Inc. ( DSS ) licenses the Software (as defined below) to the Ordering Activity that issues a Purchase Order (whether a task or delivery order) under the applicable Schedule contract into which this Agreement has been incorporated. LICENSE: DSS grants you a non-exclusive, perpetual license to use the software identified under Product Description above and 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 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: The Software and the Related Materials are owned by DSS 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 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 Agreement and accepts all of its terms and conditions and uses it at the new facility. 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 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: DSS 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, DSS will attempt to make the Software operate as warranted by providing corrections. If DSS 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. DSS 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 Agreement are your exclusive remedies and DSS' 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 Agreement shall not terminate except upon the failure of licensee to perform any of its obligations hereunder or otherwise comply with this Agreement. However, 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 the Software and Related Materials are licensed to the United States Government, U.S. Government Rights: Licensee agrees that the Software and Related Materials are "commercial computer software" or "commercial computer software documentation" or commercial technical data and/or computer databases and that, absent a written agreement with DSS to the contrary, licensee s rights with respect to such Software or Related Materials are Restricted Rights, as defined in FAR §52.227.19, and if for Department of Defense use, limited by the terms of this Agreement, 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 Software hereunder, and the limited rights use restrictions that pertain to computer software documentation as defined therein apply to the Related Materials hereunder. Specifically, the parties agree that all software and technical data is and has been privately developed at the expense of DSS 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 preempted by U.S. law) by the laws of the State of Missouri. Any claim arising out of this Agreement will be brought in a forum prescribed by applicable Federal law.