EMDS 2.0 QA's 6.docx

Questions and Answers VA EMDS 2.0 36C10B-22-R-0118

1. Question: Requesting an extension to Solicitation 36C10B22R0118 until July 29, 2022.

Answer: Due to VA program needs no extension will be granted at this time.

1. Question: Requesting that the Department of Veterans Affairs (VA) entertain receiving and responding to questions that arise during our review of the solicitation

Answer: Potential offerors are free to submit questions. Please submit questions not later than Wednesday June 22, 2022 4:00pm EST.

1. Question: We are attempting to add pricing under the UNIT PRICE column on the Pricing Schedule – but when an item is no charge -and we try adding $0.00 the field – it remains blank.

Answer: Please see Amendment 0001 for updated Attachment B – Price Schedule EMDS 2.0 – 36C10B22R0118 Version 2.

1. Question: Will the Government please update Attachment 1 - VA Facilities to include a Column F titled "Signal Strength" or direct offerors to add this column to Attachment 1?

Answer: Please see Amendment 0002 for updated Attachment A - VA Facilities EMDS 2.0 - 36C10B22R0118 Version 2.

1. Question: Will the Government please clarify if the minimum required signal strength for exterior locations is -100 dBm or -110 dBm?

Answer: Please see Amendment 0002 section E.8

1. Question: Will the Government please confirm that the signal strengths given for exterior and interior locations are minimum limits and not maximum limits?

Answer: Please see Amendment 0002, PWS 5.8 and Section E.8

1. Question: Will the Government please delete the requirement for a separate no answer / busy transfer feature, as it is no longer commercially available and superseded by automated feature sets including call waiting, three-way calling, and call forwarding.

Answer: Please see Amendment 0002, PWS 5.2.2 and 5.3.1

1. Question: Will the Government please clarify if 15GB is a minimum, maximum, or fixed data requirement?

Answer: Please see Amendment 0002, PWS 5.4.1

1. Question: Will the Government please consider removing requirements for wall chargers and wired or wireless headsets as included items with the order of OEM voice phones and smartphones, as the OEMs no longer include these items with their phone devices.

Answer: No

1. Question: Will the Government consider removing this requirement, or changing the requirement to identify DHS as the authorizing agency for activation of WPS?

Answer: No VA has the authority

1. Question: Will the Government please clarify if a statement of compliance with this requirement is sufficient or if the Government requires proposal submission of a copy of its SAM record in its entirety.

Answer: See FAR provision 52.212-3, which states, The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

1. Question: Will the Government consider using an existing GWAC (i.e., GSA Schedule 70) for this procurement, and receive the benefits of pre-negotiated and approved terms and conditions for the same products and services requested under this procurement, thereby saving the Government considerable time and effort.

Answer: No

1. Question: Will the Government please provide addresses for the Seattle Regional Counsel Office (line 322) and Sacramento Veterans Center (line 483) in Attachment A - VA Facilities?

Answer: Please see Amendment 0002, Attachment A – VA Facilities Version 2

1. Question: Will the Government accept electronic signatures on SF1449?

Answer: Yes

1. Question: With respect to PWS 5.9 Outage Notifications, will the Government please specify methods or techniques for event notification, whether system-generated or initiated by the assigned customer service representative?

Answer: Please see Amendment 0002, PWS 5.9

1. Question: Will the Government please clarify if the periodicity for the device upgrade list is monthly or quarterly?

Answer: Please see Amendment 0002, PWS 5.1.4

1. Question: Will the Government allow the Offeror to retain the 5% seed stock inventory and allocate devices upon request, by location, thereby ensuring compliance with Sections 5.2 and 5.5 of the PWS?

Answer: In accordance with PWS 5.5, The Contractor shall ensure new devices from seed stock shall be available upon request at a minimum of 5% of the total contract device count.

1. Question: Will the Government please correct the CLIN descriptions for CLINs x001 and x004 to show that these devices are not Smartphones.

Answer: Please see Amendment 0003 for updated Attachment B – Price Schedule EMDS 2.0 – 36C10B22R0118 Version 3.

CLINs X004 remains unchanged because the CLIN is for National Security, Public Safety, and First Responders for both basic and smart phones.

1. Question: Will the Government consider removing "Unlimited" from PWS 5.4.2 Data Plan for M2M Only, as unlimited data plans for M2M devices are not commercially available.

Answer: Please see RFP Amendment 0004

1. Question: Is it the Government's intent to provide all users under CLINs x001, x002, and x004 with the National Security, Public Safety and First Responder network features and services of PWS 5.13.3?

Answer: Please see Amendment 0004 for updated Attachment B – Price Schedule EMDS 2.0 – 36C10B22R0118 Version 4.

1. Question: Will the Government provide a definition and use case for "out of warranty devices"?

Answer: Please see PWS 5.14 for the definition of warranty.

1. Question: Will the Government consider deleting items 5.3.c-f, as they are devices and not voice plan features?

Answer: No

1. Question: Will the Government please confirm that "options" in the Basis for Award section means "option periods", as used in Attachment B - Price Schedule EMDS 2.0 - 36C10B22R0118 Version 2?

Answer: The phrase “…all options” within the Basis for Award is self-explanatory

1. Question: Will the Government please consider removing requirement 5.4, Item #9, to disable audio recording, video recording, and all recording functionality?

Answer: No

1. Question: Will the Government please add separate CLINs for Guam, American Samoa, and Saipan smartphone rate plans?

Answer: Per the instructions in, Attachment B – Price Schedule EMDS 2.0 – 36C10B22R0118 Version 4, Only fill in the Yellow Tabs that have Yellow cells for input.

1. Question: Will the Government please consider adding the Philippines to the CLIN description for CLIN x016 - International NTE.

Answer: Per the instructions in, Attachment B – Price Schedule EMDS 2.0 – 36C10B22R0118 Version 4, Only fill in the Yellow Tabs that have Yellow cells for input.

1. Question: Will the Government please consider adding separate CLINs or pricing entries for OIT Wearables NRC and MRC?

Answer: No

1. Question: Will the Government please unlock all columns to the right of Column H so that cost backup information can be entered?

Answer: No, please see Amendment 0004, instructions tab has been updated in Attachment B – Price Schedule EMDS 2.0 – 36C10B22R0118 Version 4

1. Question: Will the new response due date be updated on the attached? Block 8 – currently has due date of 27 June 2022.

Answer: Please see Amendment 0004.

1. Question: Can the VA please revise to clarify that temporary basis means a period not to exceed 90 days? Any duration beyond 90 days is considered permanent roaming and US based licenses may not provide permanent international wireless service.

Answer: No. It is VA’s understanding that terms of international coverage vary by location and network technologies. Offerors are free to include assumptions with their proposals.

1. Question: Can the Government please remove “dedicated to public safety”, this unduly restricts competition as other companies offer priority/preemption public safety services that do not require a "dedicated" network.

Answer: See Amendment 0006, PWS 3.0

1. Question: Please provide further clarification on this requirement. For example, please identify the VA's Telecom Expense Management System (i.e. SAP, Ariba, etc..), identify any API-type requirements, etc. Also, is there a cost associated with connecting to the VA's Telecom Expense Management System? If so, what are those expected costs?

Answer: See Amendment 0007, PWS 3.0.

1. Question: Can the VA provide further clarification on the parameters that would make device replacement necessary? Please revise the solicitation to clarify that the device refresh date for devices purchased under the prior contract continues to apply until the end of that refresh date (e.g., completion of 24 months of service) even after a device transitions to this new contract.

Answer: See Amendment 0006, PWS 5.2

1. Question: For consistency, please align with Question 1. Please revise 2nd sentence to "This task (which will be priced separately) is to provide temporary (up to 90 days) international coverage to identified devices."

Answer: Please see answer to question 30.

1. Question: This section appears to describe voice device capabilities rather than plan features (e.g., caller ID display, hands free, etc.) Please revise to "The Contractor shall provide voice plan(s) that shall include Smartphones and Basic Phones with the service plan which shall include the following features"

Answer: See Amendment 0006, PWS 5.2.1

1. Question: Please change to read that only Smart Phones must be QWERTY capable, either physical or virtual. Basic Devices do not have this capability.

Answer: See Amendment 0006, PWS 5.3

1. Question: To ensure consistency with customary commercial practice, please revise 5.3.1.4 to read "As commercially available, devices shall block all toll calls not included in the unlimited minutes plan, including directory assist (e.g., 411), premium rate numbers (e.g., 900 numbers) unless specifically requested in writing from the COR.

Answer: This requirement is commercial.

1. Question: Please revise to include that, Visual Voicemail on smartphones shall always be enabled and active, feature is device dependent.

Answer: This feature is not device dependent

1. Question: Please revise requirement for Rich Communication Services (RCS) to include the following caveats: • Only available on certain devices/software versions • Only available in specific carrier’s wireless coverage area • Requires opt-in and agreement to terms by the VA

Answer: No

1. Question: Please revise to "When a compatible device and service plan are used, Fourth Generation (4G) or higher data rates shall apply."

Answer: No

1. Question: Is the VA willing to accept proposed customized voice + bolt on options? If yes, please revise the RFP to clarify and change the pricing sheet as well.

Answer: See Amendment 0006, PWS 5.4

1. Question: Please change this requirement to: "Two to five unlocked devices types shall be provided at no additional cost, per device type (i.e. voice, smartphone, data), and shown on the Contractor-provided VA Government website. At a minimum, one device shall be iOS VA Security Technical Implementation Guide (STIG) Approved and one device will be Android VA STIG Approved to the extent commercially available."

Answer: See Amendment 0006, PWS 5.4.1.5.

1. Question: Please change this requirement to: "Pooling - All M2M data ordered shall be pooled at the contract level, except Unlimited Data plans."

Answer: Please refer to question 19

1. Question: Please change to "6. The Contractor shall provide an emergency responder or network priority plans for designated sites and staff, as commercially available".

Answer: See Amendment 0006, PWS 5.4.2

1. Question: Please change this requirement to "The seed stock pool shall refresh to the full 5% at the beginning of each PoP option period, in accordance with commercial practices, at no cost to VA, until the devices are activated. (No seed stock to be provided for iPads and M2M devices, basic phones, and MiFi’s.)"

Answer: This requirement is commercial.

1. Question: How does this work if the COR is unavailable (off during the designated holiday's listed in the RFP) or it is a weekend? Can there be an automatic notification option added?

Answer: In accordance with PWS 5.9, in the event the COR in unavailable the VA National Service Desk will be available, automatic notification option will not be added at this time

1. Question: Please remove “within 180 days prior to the EOL date” and replace with “as practicably possible when notified by the OEM.”

Answer: No

1. Question: Where do we add Wireless Network Performance and other items that require pricing but do not have a section represented on the pricing sheet?

Answer: See Amendment 0007, Attachment B - Price Schedule Version 5.

1. Question: Does this mean we can only charge surcharges that are legally mandated and can we agree to the percentage limit?

Answer: As stated in PWS 5.19 Taxes, surcharges, and FCC Required Charges, means any State or Federal tax or Federal Communication Commission required taxes or fees for cellular service, expressed as a percentage but only chargeable to the items as required under State or Federal law. The percentage limit is set forth in Attachment B – Price Schedule Version 4

1. Question: There are several places that if we can't add rows to the pricing sheet, then the customer would need to. Row 26 - QWERTY; Row 27 - Large screen Tablets; Row 28 - Out of Warranty Devices; Row 39 - Rugged device, etc could all require multiple devices (operating systems) and would need different pricing.

Answer: See Amendment 0007, Attachment B - Price Schedule Version 5.

1. Question: Pricing Sheet - are we allowed to add rows for multiple equipment/accessory options?

Answer: No

1. Question: Smartphone reference included in non-SP sections (lines 6, 9).

Answer: See answer to question 18.

CLINs X004 remains unchanged because the CLIN is for National Security, Public Safety, and First Responders for both basic and smart phones.

1. Question: Smartphone devices (lines 32, 33) 256GB, 64GB - do these need an iOS and Android version? Is this N-1?

Answer: See Amendment 0007, Attachment B - Price Schedule Version 5.

1. Question: QWERTY keyboard (line 26) is the a basic or smartphone device? (or both)

Answer: Smartphone with no data plan

1. Question: Could the VA separate line items for smartphone and basic phones for n-1 devices as well as android and IOS for out of warranty phones.

Answer: See Amendment 0007, Attachment B - Price Schedule Version 5.

1. Question: Could you specify whether the ruggedized device is a smartphone or basic phone

Answer: Ruggedized device is a basic phone

1. Question: Please change this to read "Monthly invoicing upon acceptance of services. Invoices shall only include service charges related to activated devices"

Answer: No

1. Question: Please remove the restriction of commercial EULAs/TOS to only data rights. Contractors will not be able to offer products/services that use vendors that require passing through their EULA/TOS to customers, such as Rich Communication Services. Also, restricting terms in this way is not consistent with commercial practice and FAR 12.302(c). (Please note that the GSA has formally addressed federal requirement conflicts with commercial supplier agreements in 552.212-4(w).)

Answer: The Governing Law clause specifically relates to commercial license agreements. VA has been including the clause when acquiring commercial software and data for many years, without issue. VA will make a commercial license agreement an addendum to its Contract/Order if it is “consistent with Federal law and otherwise satisfies the Government’s need” as permitted by FAR 12.212, Computer Software. VA cannot accept a license that violates Federal law or regulation. Changes to incorporate other types of agreements may be made by mutual agreement of the parties consistent with FAR 52.212-4(c), Contract Terms and Conditions—Commercial Products and Commercial Services, Changes. Any additional changes to the Contract/Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. The General Services Acquisition Regulation (GSAR) contains agency acquisition policies and practices, contract clauses, solicitation provisions, and forms that control the relationship between GSA and contractors and prospective contractors. VA is not subject to clauses and provisions under GSAR.

1. Question: Does the VA's MDM block all users from downloading any non-VA approved app?

Answer: Yes

1. Question: Please extend the proposal deadline to permit sufficient time for offerors to read and digest the 70 listed "applicable documents" that consist of hundreds, if not thousands of pages of security and other requirements. Offerors will need sufficient time to confirm the applicability of these requirements to commercial systems supporting COTS devices and access to commercial wireless service plans in addition to whether commercial systems currently meet the standards/requirements therein.

Answer: No, this section was included in the RFI that was posted to SAM.gov on April 23, 2021, RFP was posted on June 13, 2022

1. Question: Because ad hoc reporting is undefined and cannot reasonably be required to be included in fixed prices, please revise to add " and as mutually agreed."

Answer: No

1. Question: Because ad hoc reporting is undefined and cannot reasonably be required to be included in fixed prices, please revise to "The Contractor shall provide mutually agreed upon Ad hoc reports for the purpose of responding to such as inquiries as VA leadership requests, Congressional inquiries, etc."

Answer: No

1. Question: Please revise to permit Microsoft Word "and/or" Project formats.

Answer: See Amendment 0006, PWS 5.1.4

1. Question: Please clarify whether offerors must provide 1-3 devices or 2-5 as stated in section 5.4.1 item 5.

Answer: See Amendment 0006, PWS 5.2

1. Question: Does "one to three options" mean, 1 - 3 smartphone devices, 1 - 3 basic phone devices, and 1 - 3 mobile broadband devices regardless of which plan they are on?

Answer: VA requires two to five of each device type

1. Question: Is the list of items under #1 required for "all Smartphone and Basic Phones" - especially c. Smartphone and d. Basic Phone? It appears these two items should be "or" not "and." Not all commercial plans work for both Smartphones and Basic Phones.

Answer: Yes, it is required for all Smartphone and Basic Phones

1. Question: Please remove "buddy" upgrades as that type of upgrade only applies to consumers (not large customers).

Answer: No

1. Question: For items 3 & 4, please remove "Devices shall" as the features are what puts the block in place (not a device capability).

Answer: See Amendment 0006, PWS 5.3.1

1. Question: Please revise the 2nd sentence to "The Contractor shall provide devices used for data that include the following features as commercially available" in order to accommodate the fact that not all data devices need and/or offer all listed features. (For example, data cards do not have vibration alert.)

Answer: See Amendment 0006, PWS 5.4

1. Question: What will be the format (e.g., device model numbers) and frequency of communications for the approved devices list?

Answer: See PWS 5.4.1

1. Question: What is the VA's MDM application? How is it loaded (e.g., over-the-air)? This is not standard in service plans and cost of this additional service will need to be determined for pricing strategies.

Answer: VA’s Mobile Device Management uses Airwatch, loaded through Device Enrollment Program.

1. Question: Please remove. Manufacturers provide commercial warranty and service providers do not have control over how long they provide hardware/software support.

Answer: No

1. Question: Please revise to "Fourth Generation (4G) or higher data rates on the carrier's domestic network." Not all roaming partners offer only 4G at this time and their technology is outside the control of offerors.

Answer: No

1. Question: Please add at the end "to the extent customer is using a compatible device and plan."

Answer: No

1. Question: See Question 64 above for conflict with 5.2.

Answer: See Amendment 0006, PWS 5.2

1. Question: Does the VA only require submission of 1 test device for testing before the device is added to the approved products list? Also, do all Contractors need to submit a device for testing if the Contractors are offering the same device?

Answer: See Amendment 0006, PWS 5.4.1

1. Question: Reference PWS 5.4.1(7), The price of the device(s) added to VA’s approved devices list, including support services, shall be equal to or lower than the current contract pricing for the same product. Please remove as this is commercially impracticable and does not contemplate the fact that OEMs increase device prices commensurate with new technological developments/advances.

Answer: See Amendment 0006, PWS 5.4.1 and PWS 5.4.3

1. Question: Please remove the requirement for unlimited data for as yet developed M2M applications. For example, future equipment with M2M capabilities could potentially consume terabytes of data resulting in network congestion that will negatively impact all users.

Answer: Please see Amendment 0004

1. Question: Please revise to All M2M data other than unlimited plans shall be pooled at the contract level" because unlimited plans cannot pool with a metered plan

Answer: Please refer to question 19

1. Question: Please add "as commercially available" because we are not able to predict what OEMs will provide in the future.

Answer: See Amendment 0006, PWS 5.4.3

1. Question: Please add "subject to commercial launch, modification to the contract, and device and plan compatibility." to ensure consistency with commercial practices and the FAR.

Answer: See Amendment 0006, PWS 5.4.3(4)

1. Question: Please add "subject to the VA's return of any seed stock that is unused, which must be received prior to deploying device refresh/technology upgrade."

Answer: No

1. Question: Please add "as commercially available" to maximize competition. Two weeks is not sufficient time to onboard subcontractors, launch products or secure FedRamp approval. Making this change will provide time for offerors to enhance solution offerings.

Answer: See Amendment 0006, PWS 5.6

1. Question: Please revise to "The Contractor shall provide commercially available voice and data coverage for use at and around all VA facilities in Attachment A - VA Facilities. These locations are in the 50 United States, District of Columbia, Puerto Rico, Guam, American Samoa, Saipan, and Philippines." FAR 12.302.(c) prohibits the Government from" includ[ing] any additional terms or conditions in a solicitation or contract for commercial products or commercial services in a manner that is inconsistent with customary commercial practice for the item being acquired unless a waiver is approved in accordance with agency procedures." Commercial wireless service plans provide access to the company's commercial wireless networks and coverage offered is commercial-off-the-shelf. Wireless carriers have (and must have) sole discretion to determine how best to invest their capital for network design, building and maintenance. It is not customary for a customer to define "Reliable Service Coverage" or to specify network signal strength because it would be impossible to manage different customers' conflicting requirements in a network utilized by a company's entire customer base - network performance impacts every customer and not just the VA. In addition, the VA's attempt to impose performance requirements on a commercial network is concerning because 1) the VA is not soliciting, or paying for, network design, installation and maintenance; 2) these requirements do not equate to actual connectivity (for example, the FCC's website about wireless coverage states "wireless phone calls can be affected by severe weather, topographical features, or large structures or other objects between your phone and the nearest cell site" and "service breaks can occur even in areas that appear to be covered"); 3) these overly broad coverage requirements would force Contractors to engage in significant work and expense to enhance their networks for centimeters of indoor and outdoor locations that do not meet the measurements, even if service still works; 4) the Government defining a carrier’s coverage area is simply backward from how it works in the industry; 5) Contractors do not guarantee 100% coverage (see carrier commercial coverage maps on their websites) outdoors and/or indoors; 6) these requirements do not contemplate space needed for equipment, or other variables that need to be factored into any network enhancements or solutions; and 7) the VA is overstepping its authority. These coverage requirements should be removed and replaced with the standard commercial practice of a customer asking for the Contractor’s commercially available coverage and making decisions based on which carrier's coverage best meets the VA's needs.

Answer: See Amendment 0006, PWS 5.8

1. Question: Please remove all references to specific dBm levels because their use to measure coverage is arbitrary and overly broad. Decibel ratings vary depending on specific location and device types. A single decibel measurement is not indicative of the network performance, data speeds, signal to noise ratio, or cell site loading for data services. Similarly, a decibel measurement is not necessarily indicative of voice call quality or signal to noise ratio and cell site loading at a particular time of day. For example, as drafted, the VA is requiring Contractors to ensure every square centimeter of a geographic area provides signal at the specified dBm level regardless of whether the signal is near the core or edge of the geographic area or whether calls are being completed despite the decibel measurement (e.g., calls are completed at other dBm levels than those specified).

Answer: No

1. Question: Please revise to "Upon mutual agreement, the Government, will authorize the Contractor to provide an in-building solution (i.e. repeaters, boosters, femtocell), which may be at no additional charge, to correct any indoor coverage issues identified by the Government." Indoor coverage is not guaranteed with customary commercial service and may not be possible in all instances. For example, the Government often prohibits indoor signal in certain locations (e.g., SCIFs) or where the wireless signal might cause RF interference with Government systems. The FCC even disclaims coverage maps on its website as only depicting coverage a customer can expect to receive when outdoors and stationary - and not when a user is indoors or in a moving vehicle - which reflect customary commercial practice in the industry.

Answer: No, VA has depicted the coverage requirements, it is up to the offeror to determine on how to mitigate poor service indoors

1. Question: Please remove as customary commercial practice does not include providing customers with signal readings for a service outage or other network performance data. Such information is highly confidential and sharing is predicated on an NDA. Please also note that this requirement is ambiguous because "service outage" is not defined. The Government does not have the right to require network performance data for a commercial wireless network that a company designs, builds and manages solely at its expense on behalf of millions of customers.

Answer: This requirement is commercial.

1. Question: Please remove the requirement for "additional coverage plans" as plans specifically for rural areas are not commercially available. Please also see concerns about similar requirements for coverage outside of customary commercial practice in questions above.

Answer: See Amendment 0006, PWS 5.8.1

1. Question: Please add "if the device permits accommodating a dual SIM."

Answer: See Amendment 0006, PWS 5.8.1

1. Question: What is the purpose of a "waiver" when the commercial wireless networks offer service as available?

Answer: See Amendment 0006, PWS 5.8.1

1. Question: Because Outage Notifications (PWS 5.9) are not consistent with commercial practice, we request the VA remove the existing section and replace it with a requirement to describe the offeror's commercial outage notification capabilities.

Answer: No, outage notifications are being provided under VA’s current task orders, which were issued under a commercial contract

1. Question: Because technology development 5 - 10 years in the future cannot be predicted or priced, please add "...at prices proposed by the contractor."

Answer: No

1. Question: To ensure alignment with customary commercial practices, please revise to " The Contractor shall monitor the commercial wireless marketplace and technologies and notify the CO and COR if any devices or plans are required to be changed or updated to accommodate the latest technology. If any wireless devices are approaching the end of their lifetime (EOL) (e.g., if a contractor Original Equipment Manufacturer (OEM) will no longer be marketing, selling, or promoting a particular device/technology, or limiting or ending support for said device/technology), or being decommissioned, the Contractor shall provide written notification to the COR and CO within 180 days prior to the EOL date. The Contractor shall update the affected devices and plans defined in this PWS with device or plan refresh information for VA approval. The Government reserves the right to reject any Contractor proposed device or plan, at no cost to VA. The Contractor will provide a device that is typically one generation behind the most current market offering; that meets the requirements of the RFP and shall be offered with select service plans on the VA-accessible, password-protected, web-based, portal. Contractors will make these devices available within 30 days of the contractor's release date. All said devices must include wall charger, charging cable, and any other receptacle required to power the device. With new emerging technologies, the Contractor will have 18 months to upgrade legacy devices to the new network technology at zero cost to VA." Removal of "network components is critical as the contractor has sole authority to determine how to manage its commercial network and spend the company's capital. The network is not a VA asset and the VA does not have authority to mandate network performance levels or information about a private network. Removal of "at no additional cost" and "zero cost" is essential because it is unreasonable and speculative to include $0 COTS devices that have not yet been developed, priced or launched by the OEMs. This is also inconsistent with requirements for 1-generation behind hardware, as we cannot predict the timeframes within which OEMs will launch new COTS devices in the future. Revision of "VA-only" to "VA-accessible" portal is essential because development of a custom portal is not customarily part of commercial wireless service plans, but access to the contractor's commercial portal is.

Answer: Please see Amendment 0006, PWS 5.11

1. Question: Please remove everything except the last sentence as the VA does not have the authority to require information about a commercial wireless network that is a shared asset among millions of customers and managed/financed solely at private expense. Network information is highly confidential and contractors might not want to share such information with public agencies subject to FOIA. This language also presumes that future network enhancements will be deployed ubiquitously and current technologies are not necessarily launched in all locations at the same time (for example, different 5 spectrum offerings).

Answer: This requirement is commercial.

1. Question: Please add after first sentence, "If the Contractor participates in E-Cycle, it will make E-Cycle available in accordance with its current commercial system capabilities."

Answer: See Amendment 0006, PWS 5.12

1. Question: To ensure this is consistent with customary commercial practices, please replace this language with "The Contractor shall include in its proposal a description or provide a copy of its emergency response process plan to include items such as: the procedures to deploy (temporary) mobile cellular sites for restoration of wireless services (voice and data) to the affected areas, emergency numbers to call, and any other information needed to ensure service is restored in a timely and effective manner." and adjust any page limitations to accommodate the submission of such information. Because company commercial portals might not have capability to post documents, these changes will ensure compliance with FAR 12.302(c).

Answer: See Amendment 0007, PWS 5.13.1 and Attachment B - Price Schedule Version 5.

1. Question:1) Please remove "purpose built for public safety" and "Dedicated Core" as they are unduly restrictive of competition because other carriers offer comparable public safety offerings.

Question:2) Please confirm that "interoperability" means that the service interoperates with other wireless carriers.

Answer: (1) See Amendment 0006, PWS 5.13.3, (2) Yes

1. Question: Please revise to "The Contractor shall offer IoT and wearable products and plans, to include but not limited to, commercially available LTE routers, smart watches, . . . ." to ensure this remains a commercial item contract.

Answer: See Amendment 0006, PWS 5.13.4

1. Question: Did the VA mean "The Contractor shall notify the VA COR on a bi-annual basis . . . "?

Answer: Please see RFP Amendment 0006, PWS 5.13.4

1. Question: Where do offerors include prices for unlocked devices?

Answer: Where PWS 5.17 is referenced in Attachment B - Price Schedule Version 5.

1. Question: Please revise "VA-only" to "VA-accessible" to ensure that contractors' only obligation is to provide access to its commercial portal (customized portal design/development is not included in the price of commercial service plans and is inconsistent with FAR 12.302(c)).

Answer: Please see Amendment 0006, PWS 5.18.

1. Question: Please revise the requirement to include taxes/fees as a single percentage, as any applicable taxes (e.g., foreign fees, assessments or other charges) are billed only based on the jurisdiction in which the subscriber’s wireless number is set up and located. FAR 12.302(c) prohibits agencies from tailoring how a contractor charges taxes/fees.

Answer: The Price schedule is already set up to calculate a 6% single percentage for the taxes and FCC charges line item.

1. Question: To ensure compliance with FAR 12.302(c), please revise all security requirements to ensure they apply only to the extent that they are consistent with customary commercial practices and that a contractor is providing IT services. Commercial wireless networks and business systems are not VA information systems or part of the VA's enterprise architecture. In addition, security requirements outside of customary commercial practices may require significant system enhancements that are not contemplated in commercial service plans, devices or prices. If the VA needs security enhancements, such as apps for enhanced communication security above the commercial wireless network, the VA should solicit those separately.

Answer: This requirement is commercial.

1. Question: Please remove, It has been determined that Protected Health Information (PHI) may be disclosed or accessed, and a signed Business Associate Agreement (BAA) shall be required, this language or add language stating that Contractor(s) are not responsible for the security of PHI transmitted over their networks and that a BAA is not required. According to HHS, the HIPPA rules to not require a telecommunications service provider (TSP) to enter into a BAA that has only transient access to the PHI it transmits, because the vendor is acting merely as a conduit for the PHI. Due to the nature of the service being acquired (transient access), no BAA is required.

Answer: See Amendment 0006, PWS 6.5

1. Question: Please remove Section 6.5 and all subsections as Contractor personnel are not employees or contractors of the VA subject to VA personnel policies and background checks and no VA sensitive information is required to be provided to Contractors to provide the VA with COTS wireless devices and connectivity to the Contractor's commercial wireless network. The VA is not paying any labor rates for Contractor personnel, and thus there are no positions (no less sensitive positions) under the contract(s).

Answer: See Amendment 0006, PWS 6.5, and Amendment 0007, PWS 6.5.1 and 6.5.2.

1. Question: What are the specific metrics against which contractors will be measured to determine if performance is "satisfactory or higher"? As written, these are arbitrary requirements. For example, A.5. includes a standard for software development, which is outside the scope of the PWS and C includes standards for staffing, yet staffing is not a requirement as no labor rates are being solicited or proposed.

Answer: See Amendment 0007, PWS 6.7.

1. Question: Please remove section 6.7 pursuant to FAR 12.208, which states “Contracts for commercial products shall rely on contractors' existing quality assurance systems as a substitute for Government inspection and testing before tender for acceptance unless customary market practices for the commercial product being acquired include in- process inspection.” (emphasis added) (see also 46.202-1 “When acquiring commercial products (see part 12), the Government shall rely on contractors' existing quality assurance systems as a substitute for Government inspection and testing before tender for acceptance unless customary market practices for the commercial product being acquired include in-process inspection. . . The Government shall rely on the contractor to accomplish all inspection and testing needed to ensure that commercial services acquired conform to contract requirements before they are tendered to the Government.” (emphasis added)) Removal of this section will ensure compliance with FAR 12.208, 46.202-1 and 12.302(c).

Answer: This requirement is commercial.

1. Question: Please revise to "Packing Slips/Labels and Lists shall also include the following as commercially available:" as commercial packing may or may not include all items specified and commercial packing slips cannot be customized.

Answer: No, the requirements for packing slips/labels are consistent with commercial contracting even if minor modifications to the process would be needed for contractor compliance

1. Question: To ensure compliance with FAR 12.302(c), please revise the additional VA Requirements (e.g., cyber and information security requirements) to ensure they apply only to the extent that they are consistent with customary commercial practices for wireless service and COTS devices. For example, many of the sections would apply only if the VA was purchasing IT infrastructure, which is not within the scope of the PWS. Commercial wireless networks and business systems are not VA information systems or part of the VA's enterprise architecture. In addition, security requirements outside of customary commercial practices may require significant system enhancements that are not contemplated in commercial service plans, devices or prices. If the VA needs security enhancements, such as apps for enhanced communication security above the commercial wireless network, the VA should solicit those separately.

Answer: See Amendment 0007, Addendum A.

1. Question: To ensure compliance with FAR 12.302(c), please add a sentence stating, "The requirements of Addendum B apply only to the extent that they are consistent with customary commercial practices for wireless service and COTS devices." For example, many of the sections would apply only if the VA was purchasing IT infrastructure, which is not within the scope of the PWS. Commercial wireless networks and business systems are not VA information systems or part of the VA's enterprise architecture and cannot be required to be customized. In addition, security requirements outside of customary commercial practices may require significant system enhancements that are not contemplated in commercial service plans, devices or prices.

Answer: Per VA Information Security Officer Addendum B has to remain in the Solicitation and resultant contract as written.

1. Question: Please remove the following clauses as they are not required in commercial item contracts pursuant to FAR 12.301 (as well as the enabling provisions of the clauses that do not specify they are required in commercial item contracts):

52.203-3 52.203-12 52.203-17 52.203-19 52.204-4 52.222-24 52.227-1 52.227-2 52.232-18 52.242-13

Answer: See Amendment 0007, Section C

1. Question: Please remove this clause as it is not in the CFR; also the FAR Councils have issued a proposed rule under 852.219-75 in March 2022 with a different subject and have not yet released that clause as a final rule.

Answer: See Amendment 0006, Section C

1. Question: The VA states that it is awarding firm-fixed-price contracts. Does this mean that the VA is awarding specific quantities and there will not be any ordering offices submitting individual orders or RFQs to compete individual task orders?

Answer: In accordance with provision FAR 52.216-1, The Government contemplates award of three Firm-Fixed-Price contracts resulting from this solicitation. The contracts are not ordering vehicles, there will be no subsequent task orders

1. Question: How will the VA determine which lines/facilities are awarded to each of the 3 contractors that receive awards?

Answer: The process is set forth in E.7

1. Question: Please revise the evaluation scheme to remove LPTA. FAR 15.101-2(d) directs contracting officers to avoid LPTA for procurements predominantly for the acquisition of telecommunications devices and services such as the COTS devices and commercial plans being solicited here. LPTA is also not appropriate under FAR 15.101-2(c), because the VA cannot reasonably meet all 6 requirements in light of the variation between each wireless carrier’s commercial wireless networks, device offerings, customer service support etc. For example: The VA’s arbitrary and ambiguous coverage measures and standards are not comprehensively and clearly described; the VA could realize value from a proposal that exceeds the minimum technical or performance requirements; the VA must exercise subjective judgment in evaluating proposals, especially with regard to coverage and devices offered; technical proposals, especially relating to coverage, could provide value or benefit to the VA; based on requirements as drafted, the VA could not reasonably determine that the lowest price reflects the total cost (especially for in-building or other desirable service enhancements that are not reasonably required to be included at no additional charge).

Answer: Source Selection process is not going to be changed.

1. Question: Please see questions and comments related to coverage performance requirements above (e.g., section 5.8) These standards are not reasonable and should be revised

Answer: Refer to question 85.

1. Question: Regarding the optional text archiving, will VA consider products that are not currently FedRamp Authorized, but are interested in pursuing an Agency Authority to operate directly with the VA?

Answer: No

1. Question: Regarding the optional text archiving, will VA consider products that are not currently FedRamp Authorized, but are willing to pursue provisional authorization through the FedRAMP Joint Authorization Board (JAB) if the contract is awarded?

Answer: No

1. Question: Please confirm that these clauses apply solely to the Text Message Archiving Optional item (not commercial wireless equipment and services): B.2; 2.0; 5.6; 6.0; 6.1; 6.2; 6.3; 6.4; Addendum A; Addendum B. Or alternatively, will VA add the following to each clause: “While it is anticipated that access to VA systems would not be required as a part of this effort, should such access be required, the following shall apply”

Answer: See answers to questions 109 and 110, and see Amendment 0007, PWS 6.0.

1. Question: Request for an extension of sixty (60) days to the due date.

Answer: Please see Amendment 0006.

7/7/2022 3:32:58 PM