NNG15SD56B 36C10B24F0102_Signed.pdf
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- Solicitation number
- 36C10B24Q0101
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This document is a firm-fixed-price delivery order issued under the NASA SEWP V GWAC contract NNG15SD56B. It is for Unicom software maintenance, updates, and technical support services for Unicom System Architect and Focal Point products.
The delivery order has a base period from April 3, 2024 to March 31, 2025 with three 12-month option periods if exercised. The total value of the order is $1,086,570.57, with $251,430.80 obligated for the base period. The products and quantities are detailed in the price schedule, including System Architect client, XT Read/Write, DODAF, FEA, and Publisher floating user maintenance, as well as Focal Point and Focal Point Stakeholder floating user maintenance. This is an unrestricted procurement issued by the Department of Veterans Affairs Technology Acquisition Center.
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PAGE 1 OF1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
F363151-24-0001077
NNG15SD56B 36C10B24F0102See block 31c.
Antonio R Walker 848-377-5316
36C10B Department of Veterans Affairs Technology Acquisition Center
23 Christopher Way Eatontown NJ 07724
X 100 x
334111
N/A x
36C10B
See Delivery Schedule
Eatontown NJ 07724
36C10B
Department of Veterans Affairs Technology Acquisition Center
23 Christopher Way Eatontown NJ 07724
8Y261
Unicom Government, Inc
15010 Conference Center Drive Suite 110
Chantilly, Virginia 20151-3852
FNKFHMMG52T6
36C10B
Department of Veterans Affairs Technology Acquisition Center Financial Services Center PO Box 149971 Austin TX 78714-8971
See CONTINUATION Page
Title: Unicom System Architect and Focal Point Maintenance
Points of contact:
Contract Specialist:
Antonio R Walker; Antonio.walker3@va.gov
Contracting Officer:
Troy Loveland; troy.loveland@va.gov
$251,430.80 See CONTINUATION Page
IT081---2024—251301—OMOPSUPSS---S1905200---2024-----OIT00495-LASCORP—VACO-
S19052000—204200001—00—0167ADD-1-1-
X 1
Troy Loveland Contracting Officer4/3/2024
K. Edward Newkirk Vice President and General Counsel
K. Edward Newkirk 4/3/2024
NNG15SD56B 36C10B24F0102
Table of Contents
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 GOVERNING LAW
B.2 SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT
B.3 CONTRACT ADMINISTRATION DATA
B.4 PRICE SCHEDULE
B.5 PRODUCT DESCRIPTION
SECTION C - CONTRACT CLAUSES
C.1 NASA SEWP RFQ INTRODUCTORY LANGUAGE
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (FEB 2024)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
1. Delivery Order 36C10B24F0102 titled “Unicom System Architect and Focal Point Maintenance” is issued on a Firm-Fixed-Price basis, in accordance with the terms and conditions of National Aeronautics and Space Administration Solutions for Enterprise-Wide Procurement V Government-Wide Acquisition Contract NNG15SD56B and modifications hereto.
2. All work shall be performed in accordance with the Product Description as set forth in
Section B.5.
3. The Delivery Order Period of Performance is as follows:
Base Period: April 3, 2024 to March 31, 2025 *Option Period 1: April 1, 2025 to March 31, 2026 *Option Period 2: April 1, 2026 to March 31, 2027 *Option Period 3: April 1, 2027 to March 31, 2028
* If exercised
4. The FFP value of this Delivery Order is as follows:
Base Period (Funded): $251,430.80 Option Period 1: $264,421.33 Option Period 2: $278,102.91 Option Period 3: $292,615.33
Total Delivery Order Value: $1,086,570.57
5. Funds in the amount of $251,430.80 have been obligated under Obligation Number 36C10B24F0102 to fully fund the base period of the Delivery Order.
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 GOVERNING LAW
Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Contract/Order. Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. §3901 et seq.), Contracts for Data Processing or Maintenance (38 U.S.C. § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this Clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this Clause shall prevail. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ). 28 U.S.C. §
516. At the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by contract/order modification (Standard Form 30) and shall only be effected by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.
B.2 SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT
(1) Definitions.
(a) Licensee. The term “licensee” shall mean the U.S. Department of Veterans Affairs (“VA”) and is synonymous with “Government.”
(b) Licensor. The term “licensor” shall mean the contractor having the necessary license or ownership rights to deliver license, software maintenance and support of the computer software being acquired. The term “contractor” is the party identified in Block 17a on the SF1449. If the contractor is a reseller and not the Licensor, the contractor remains responsible for performance under this order.
(c) Software. The term “software” shall mean the licensed computer software product(s) cited in the Schedule of Supplies/Services.
(d) Maintenance. The term “maintenance” is the process of enhancing and optimizing software, as well as remedying defects. It shall include all new fixes, patches, releases, updates, versions and upgrades, as further defined below.
(e) Technical Support. The term “technical support” refers to the range of services providing assistance for the software via the telephone, email, a website or otherwise.
(f) Release or Update. The term “release” or “update” are terms that refer to a revision of software that contains defect corrections, minor enhancements or improvements of the software’s functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware.
(g) Version or Upgrade. The term “version” or “upgrade” are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version
5.4 to 6).
(2) Software License
(a) Unless otherwise stated in the Schedule of Supplies/Services, the Performance Work Statement or Product Description, the software license provided to the Government is a perpetual, nonexclusive license to use the software
(b) The Government may use the software in a networked environment.
(c) Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d).
(d) All limitations of software usage are expressly stated in the Schedule of Supplies/Services and the Performance Work Statement/Product Description.
(3) Software Maintenance and Technical Support
(a) If the Government desires to continue software maintenance and support beyond the period of performance identified in this contract or order, the Government will issue a separate contract or order for maintenance and support. Conversely, if a contract or order for continuing software maintenance and technical support is not received the contractor is neither authorized nor permitted to renew any of the previously furnished services.
(b) The contractor shall provide software support services, which includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the contractor to its commercial customers so as to cause the software to perform according to its specifications, documentation or demonstrated claims.
(c) Any telephone support provided by contractor shall be at no additional cost.
(d) The contractor shall provide all maintenance services in a timely manner in accordance with the contractor’s customary practice or as defined in the Performance Work Statement/Product Description. However, prolonged delay (exceeding 2 business days) in resolving software problems will be noted in the Government’s various past performance records on the contractor (e.g., www.ppirs.gov).
(e) If the Government allows the maintenance and support to lapse and subsequently wishes to reinstate it, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed the subscription to lapse.
(4) Disabling Software Code. The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such disabling code is present, the contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the contractor agrees to remove such code upon the Government’s request at no extra cost to the Government. Inability of the contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of contract, and the Government may exercise its right to terminate for cause. In addition, the Government is permitted to remove the code as it deems appropriate and charge the Contractor for consideration for the time and effort expended in removing the code.
(5) Manuals and Publications. Upon Government request, the contractor shall furnish the most current version of the user manual and publications for all products/services provided under this contract or order at no cost.
B.3 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR: Unicom Government, Inc Chris Mereos, Chris.Mereos@unicomgov.com 15010 Conference Center Drive, Suite 110 Chantilly, VA 20151
b. GOVERNMENT: Troy Loveland Contracting Officer 36C10B Department of Veterans Affairs Technology Acquisition Center 23 Christopher Way Eatontown NJ 07724
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] After Government acceptance of Maintenance Services in Section B.4 and in accordance with Section B.5, Product Description
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
Department of Veterans Affairs Technology Acquisition Center Financial Services Center PO Box 149971 Austin TX 78714-8971
5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: N/A
B.4 PRICE SCHEDULE
Inspection/Acceptance/F.O.B: Destination
BASE PERIOD
The Period of Performance shall be April 3, 2024 through March 31, 2025.
Line Item Description QTY Unit Unit Price Total Price
0001 System Architect – Client Floating User Maintenance
PSC: DA10
Part Number: SACFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
39 EA $ 3,663.54 $ 142,878.06
0002 System Architect – XT Read/Write Floating User Maintenance
PSC: DA10
Part Number: SAXTRWFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
45 EA $ 1,397.00 $ 62,865.00
0003 System Architect – Dodaf Add on Floating User Maintenance
PSC: DA10
Part Number: SAXTRFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
34 EA $ 753.11 $ 25,605.74
0004 System Architect - FEA Add on Floating User Maintenance
PSC: DA10
Part Number: SAPFFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
5 EA $ 942.00 $ 4,710.00
0005 System Architect - Publisher Add on Floating User Maintenance
PSC: DA10
Part Number: SAPFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
2 EA $ 3,490.00 $ 6,980.00
0006 Focal Point Floating User Maintenance
PSC: DA10
Part Number: FPPUF-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
2 EA $ 3,502.00 $ 7,004.00
0007 Focal Point Stakeholder Floating User Maintenance
PSC: DA10
Part number: FPSPUF-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
2 EA $ 694.00 $ 1,388.00
Total Base Price $ 251,430.80
Option Period One
The 12-month option period may be exercised in accordance with the clause in Section C entitled FAR 52.217-9 “Option to Extend the Term of the Contract”. If exercised, the period of performance for Option Period One shall commence immediately upon the expiration of the Base Period.
1001 System Architect – Client Floating User Maintenance
PSC: DA10
Part Number: SACFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
39 EA $ 3,846.71 $ 150,021.69
1002 System Architect – XT Read/Write Floating User Maintenance
PSC: DA10
Part Number: SAXTRWFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
45 EA $ 1,466.84 $ 66,007.80
1003 System Architect – Dodaf Add on Floating User Maintenance
PSC: DA10
Part Number: SAXTRFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
34 EA $ 790.76 $ 26,885.84
1004 System Architect - FEA Add on Floating User Maintenance
PSC: DA10
Part Number: SAPFFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
5 EA $ 989.20 $ 4,946.00
1005 System Architect - Publisher Add on Floating User Maintenance
PSC: DA10
Part Number: SAPFU-0420-M
2 EA $ 3,664.50 $ 7,329.00
Manufacturer Reference Number: 9245558
Account Number: 9360808
1006 Focal Point Floating User Maintenance
PSC: DA10
Part Number: FPPUF-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
2 EA $ 3,852.00 $ 7,704.00
1007 Focal Point Stakeholder Floating User Maintenance
PSC: DA10
Part number: FPSPUF-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
2 EA $ 763.50 $ 1,527.00
Total Option Period One $ 264,421.33
Option Period Two
The 12-month option period may be exercised in accordance with the clause in Section C entitled FAR 52.217-9 “Option to Extend the Term of the Contract.” If exercised, the period of performance for Option Period two shall commence immediately upon the expiration of Option Period One.
2001 System Architect – Client Floating User Maintenance
PSC: DA10
Part Number: SACFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
39 EA $ 4,039.05 $ 157,522.95
2002 System Architect – XT Read/Write Floating User Maintenance
PSC: DA10
Part Number: SAXTRWFU-0420-M
45 EA $ 1,540.18 $ 69,308.10
Manufacturer Reference Number: 9245558
Account Number: 9360808
2003 System Architect – Dodaf Add on Floating User Maintenance
PSC: DA10
Part Number: SAXTRFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
34 EA $ 830.29 $ 28,229.86
2004 System Architect - FEA Add on Floating User Maintenance
PSC: DA10
Part Number: SAPFFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
5 EA $ 1,038.60 $ 5,193.00
2005 System Architect - Publisher Add on Floating User Maintenance
PSC: DA10
Part Number: SAPFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
2 EA $ 3,847.50 $ 7,695.00
2006 Focal Point Floating User Maintenance
PSC: DA10
Part Number: FPPUF-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
2 EA $ 4,237.00 $ 8,474.00
2007 Focal Point Stakeholder Floating User Maintenance
2 EA $ 840.00 $ 1,680.00
PSC: DA10
Part number: FPSPUF-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
Total Option Period Two $ 278,102.91
Option Period Three
The 12-month option period may be exercised in accordance with the clause in Section C entitled FAR 52.217-9 “Option to Extend the Term of the Contract.” If exercised, the period of performance for Option Period three shall commence immediately upon the expiration of Option Period Two.
3001 System Architect – Client Floating User Maintenance
PSC: DA10
Part Number: SACFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
39 EA $ 4,241.00 $ 165,399.00
3002 System Architect – XT Read/Write Floating User Maintenance
PSC: DA10
Part Number: SAXTRWFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
45 EA $ 1,617.17 $ 72,772.65
3003 System Architect – Dodaf Add on Floating User Maintenance
PSC: DA10
Part Number: SAXTRFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
34 EA $ 871.82 $ 29,641.88
3004 System Architect - FEA Add on Floating User Maintenance
PSC: DA10
Part Number: SAPFFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
5 EA $ 1,090.60 $ 5,453.00
3005 System Architect - Publisher Add on Floating User Maintenance
PSC: DA10
Part Number: SAPFU-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
2 EA $ 4,090.00 $ 8,180.00
3006 Focal Point Floating User Maintenance
PSC: DA10
Part Number: FPPUF-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
2 EA $ 4,660.50 $ 9,321.00
3007 Focal Point Stakeholder Floating User Maintenance
PSC: DA10
Part number: FPSPUF-0420-M
Manufacturer Reference Number: 9245558
Account Number: 9360808
2 EA $ 924.00 $ 1,848.00
Total Option Period Three $ 292,615.33
Total Base and Option Periods $ 1,086,570.57
B.5 PRODUCT DESCRIPTION
PRODUCT DESCRIPTION
DEPARTMENT OF VETERANS AFFAIRS
Office of Information and Technology (OI&T)
Architecture and Engineering Service (AES)
Unicom System Architect and Focal Point Maintenance
Date: March 27, 2024
VA-24-00014946
Product Description Version Number: 1.1
1.0 REQUIREMENTS:
The Department of Veterans Affairs (VA) Office of Information and Technology (OI&T), Demand Management Division, Architecture and Engineering Service, has a requirement to renew Unicom software maintenance, updates, and manufacturer telephone and web-based technical support services for a broad range of Unicom System Architect and Focal Point products (see table below). The maintenance and support services shall include resolution to problem tickets via the Unicom Support Web Portal, resolution to phone calls via the Unicom Support Help Desk, release of software hotfixes and software version updates, security patches, electronic distribution of maintenance updates or new releases, and authority access control methods. Product support services will enable VA to continue its mission by providing maintenance on the standard manufacturer user license agreement for existing VA Unicom product perpetual licenses. These services support VA’s mission by providing software for use via the web, on desktop workstations, laptop computers, and servers. VA will obtain or make use of support provided upon usage of the Unicom customer support website, and through a toll-free customer support phone number. Access to Unicom support services will be controlled by the VA Customer Representative listed below, who will be assigned the role as named Unicom Primary Customer Account designee for services provided by this delivery order. Through a Unicom maintenance agreement, all perpetual Unicom licenses, which VA already owns, are serviceable through access to the Unicom online services.
The period of performance shall be April 3, 2024 through March 31, 2025, with three (3) 12-month option periods.
The Unicom Manufacturer Reference Number (customer number) and Account Number for this acquisition is listed in the table below.
Part # Description/Part Number
Qty Manufacturer Ref
Account #
SACFU-0420-M System Architect - Client Floating User Maintenance
39 9245558 9360808
SAXTRWFU-
0420-M
System Architect - XT Read/Write Floating User Maintenance
45 9245558 9360808
SAXTRFU-0420-M System Architect – Dodaf Add on Floating User Maintenance
34 9245558 9360808
SAPFFU-0420-M System Architect - FEA Add on Floating User Maintenance
5 9245558 9360808
SAPFU-0420-M System Architect - Publisher Add on Floating User Maintenance
2 9245558 9360808
FPPUF-0420-M Focal Point Floating User Maintenance
2 9245558 9360808
FPSPUF-0420-M Focal Point Stakeholder Floating User Maintenance
2 9245558 9360808
2.0 NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL
INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)
PROCUREMENTS (SECTION 508)
On January 18, 2017, the Architectural and Transportation Barriers Compliance Board (Access Board) revised and updated, in a single rulemaking, standards for electronic and information technology developed, procured, maintained, or used by Federal agencies covered by Section 508 of the Rehabilitation Act of 1973, as well as our guidelines for telecommunications equipment and customer premises equipment covered by Section 255 of the Communications Act of 1934. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities.
2.1 SECTION 508 – INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)
STANDARDS
The Section 508 standards established by the Access Board are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure ICT. These standards are found in their entirety at: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines. A printed copy of the standards will be supplied upon request.
Federal agencies must comply with the updated Section 508 Standards beginning on January 18, 2018. The Final Rule as published in the Federal Register is available from the Access Board:
https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule.
The Contractor shall comply with “508 Chapter 2: Scoping Requirements” for all electronic ICT and content delivered under this contract. Specifically, as appropriate for the technology and its functionality, the Contractor shall comply with the technical standards marked here:
E205 Electronic Content – (Accessibility Standard -WCAG 2.0 Level A and AA Guidelines)
E204 Functional Performance Criteria E206 Hardware Requirements E207 Software Requirements E208 Support Documentation and Services Requirements
2.2 COMPATABILITY WITH ASSISTIVE TECHNOLOGY
The standards do not require installation of specific accessibility-related software or attachment of an assistive technology device. Section 508 requires that ICT be compatible with such software and devices so that ICT can be accessible to and usable by individuals using assistive technology, including but not limited to screen readers, screen magnifiers, and speech recognition software.
2.3 ACCEPTANCE AND ACCEPTANCE TESTING
Deliverables resulting from this solicitation will be accepted based in part on satisfaction of the Section 508 Chapter 2: Scoping Requirements standards identified above.
The Government reserves the right to test for Section 508 Compliance before delivery. The Contractor shall be able to demonstrate Section 508 Compliance upon delivery.
3.0 SHIPMENT OF HARDWARE OR EQUIPMENT
Inspection: Destination Acceptance: Destination Free on Board (FOB): Destination
Ship To and Mark For:
Primary: Alternate:
Name: Nicholas Bogden Name: Doris Burton-Stevenson Address: Address:
Voice: 202-344-5653 Voice: 202-461-4339 Email: Nicholas.bogden@va.gov Email: Doris.Stevenson-
Burton@va.gov
3.1 SPECIAL SHIPPING INSTRUCTIONS
Access to software and customer support and knowledge management portals will be provided through user accounts and available for electronic download. Please deliver Unicom electronic keys for System Architect and Focal Point Maintenance renewal to Nicholas Bogden (government representative) and Hafiz Rahman (contractor support representative).
4.0 GENERAL REQUIREMENTS
4.1 VA TECHNICAL REFERENCE MODEL
The Contractor shall support the VA enterprise management framework. In association with the framework, the Contractor shall comply with OI&T Technical Reference Model (VA TRM).
The VA TRM is one component within the overall Enterprise Architecture (EA) that establishes a common vocabulary and structure for describing the information technology used to develop, operate, and maintain enterprise applications. Moreover, the VA TRM, which includes the Standards Profile and Product List, serves as a technology roadmap and tool for supporting OI&T. Architecture & Engineering Services (AES) has overall responsibility for the VA TRM.
4.2 SOCIAL SECURITY NUMBER (SSN) REDUCTION
The Contractor solution shall support the Social Security Number (SSN) Fraud Prevention Act (FPA) of 2017 which prohibits the inclusion of SSNs on any document sent by mail. The Contractor support shall also be performed in accordance with Section 240 of the Consolidated Appropriations Act (CAA) 2018, enacted March 23, 2018, which mandates VA to discontinue using SSNs to identify individuals in all VA information systems as the Primary Identifier. The Contractor shall ensure that any new IT solution discontinues the use of SSN as the Primary Identifier to replace the SSN with the Integrated Control Number (ICN) in all VA information systems for all individuals. The Contractor shall ensure that all Contractor delivered applications and systems integrate with the VA Master Person Index (MPI) for identity traits to include the use of the ICN as the Primary Identifier. The Contractor solution may only use a Social Security Number to identify an individual in an information system if and only if the use of such number is required to obtain information VA requires from an information system that is not under the jurisdiction of VA.
4.3 INTERNET PROTOCOL VERSION 6 (IPV6)
The Contractor solution shall support Internet Protocol Version 6 (IPv6) based upon the memo issued by the Office of Management and Budget (OMB) on November 19, 2020 (https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf). IPv6 technology, in accordance with the USGv6 Program (https://www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1), NIST Special Publication (SP) 500-267B Revision 1 “USGv6 Profile” (https://doi.org/10.6028/NIST.SP.500-267Br1), and NIST SP 800-119 “Guidelines for the Secure Deployment of IPv6” (https://doi.org/10.6028/NIST.SP.800-119), compliance shall be included in all IT infrastructures, application designs, application development, operational systems and sub-systems, and their integration. In addition to the above requirements, all devices shall support native IPv6 and dual stack (IPv6 / IPv4) connectivity without additional memory or other resources being provided by the Government, so that they can function in a mixed environment. All public/external facing servers and services (e.g. web, email, DNS, ISP services, etc.) shall support native IPv6 and dual stack (IPv6 / IPv4) users and all internal infrastructure and applications shall communicate using native IPv6 and dual stack (IPv6 / IPv4) operations.
4.4 SOFTWARE AND LICENSING REQUIREMENTS
The Contractor shall be responsible for the provision of all software licenses and any associated licensing maintenance required for any development, delivery, integration, operation, and/or maintenance associated with its proposed application(s), software products, software solution, and/or system including, but not limited to, any and all application(s), software and/or software products that comprise, are a part of, or integrate with the Contractor’s proposed application(s), software products, software solution, and/or system for the life of any resulting contract.
4.5 INFORMATION SECURITY CONSIDERATIONS:
The Assessment and Authorization (A&A) requirements do not apply and a Security Accreditation Package is not required.
All VA sensitive information shall be protected at all times in accordance with local security field office System Security Plans (SSP’s) and Authority to Operate (ATO)’s for all systems/LAN’s accessed while performing the tasks detailed in this Product Description.
5.0 POINT(S) OF CONTACT:
VA Program Manager Name: Jennifer Knowlden Voice: 214-929-9136 Email: jennifer.knowlden@va.gov
Contracting Officer Name: Troy Loveland Address: 23 Christopher Way
Eatontown, NJ 07724 Voice: 848-377-5271 Email: Troy.Loveland@va.gov
Contract Specialist Name: Antonio Rayshon Walker Voice: 848-377-5316 Email: Antonio.Walker3@va.gov
VA Customer Representative Name: Nicholas Bogden Voice: 202-344-5653 Email: Nicholas.bogden@va.gov
VA Invoice Representative Name: Doris Stevenson-Burton Email: doris.stevenson-burton@va.gov
SECTION C - CONTRACT CLAUSES
C.1 NASA SEWP RFQ INTRODUCTORY LANGUAGE
All clauses and provisions from the Federal Acquisition Regulation (FAR), NASA FAR Supplement, and the Goddard Space Flight Center Regulation from the applicable NASA Solutions for Enterprise Wide Procurement (SEWP) V Government-Wide Acquisition Contract (GWAC), and the specific NASA SEWP V contract referenced on the SF1449 in Block 2, are hereby incorporated by reference.
The full text of any FAR and NASA SEWP V clauses which are incorporated by reference may be obtained at the following URLs:
FAR: http://www.acquisition.gov/far/index.html
NASA SEWP V: http://www.sewp.nasa.gov
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
FAR
Number
Title Date
52.204-4
52.212-4
52.227-1
SURVEILLANCE SERVICES OR EQUIPMENT
PRINTED OR COPIED DOUBLE-SIDED ON
POSTCONSUMER FIBER CONTENT PAPER
CONTRACT TERMS AND CONDITIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
AUTHORIZATION AND CONSENT
MAY 2011
NOV 2023
JUN 2020
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT
AND COPYRIGHT INFRINGEMENT
JUN 2020
52.227-19 852.203-70 852.232-72
COMMERCIAL COMPUTER SOFTWARE LICENSE
COMMERCIAL ADVERTISING
ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
DEC 2007
MAY 2018
NOV 2018
C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (FEB 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712);
this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
(6) [Reserved].
_X_ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).
_X_ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(ii) Alternate I (Dec 2023) of 52.204–30.
(12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
(14) [Reserved].
(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
(17) [Reserved]
(18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
(ii) Alternate I (Mar 2020) of 52.219-6.
(19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
(ii) Alternate I (Mar 2020) of 52.219-7.
(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).
(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).
(ii) Alternate I (Nov 2016) of 52.219-9.
(iii) Alternate II (Nov 2016) of 52.219-9.
(iv) Alternate III (Jun 2020) of 52.219-9.
(v) Alternate IV (Sep 2023) of 52.219-9.
(22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
(ii) Alternate I (Mar 2020) of 52.219-13.
(23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).
(26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) ( 15 U.S.C. 632(a)(2)).
(ii) Alternate I (Mar 2020) of 52.219-28.
(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).
(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).
(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).
(33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
(ii) Alternate I (Feb 1999) of 52.222-26.
(35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(ii) Alternate I (Jul 2014) of 52.222-35.
(36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(ii) Alternate I (Jul 2014) of 52.222-36.
(37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
(39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
(44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Oct 2015) of 52.223-13.
(45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun2014) of 52.223-14.
(46) 52.223-15, Energy Efficiency in Energy- Consuming Products (May 2020) ( 42 U.S.C. 8259b).
(47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
(49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(50) 52.223-21, Foams (Jun2016) (E.O. 13693).
(51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
(ii) Alternate I (Jan 2017) of 52.224-3.
(52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
(ii) Alternate I (Oct 2022) of 52.225-1.
(53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.
chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
(ii) Alternate I [Reserved].
(iii) Alternate II (Dec 2022) of 52.225-3.
(iv) Alternate III (Feb 2024) of 52.225-3.
(v) Alternate IV (Oct 2022) of 52.225-3.
(54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
(59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
(60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
(63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
(64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
_X_ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
_X_ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
(67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
(1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x…
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