C03 - NNG15SD26B 36C10B26F0294 Both Parties.pdf

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DA10--FY26 NetApp Storage Maintenance (VA-26-00059074)
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36C10B26Q0456
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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. 24.19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

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

F367449-26-0000163

NNG15SD26B

36C10B26F0294

AWARDED:

EFFECTIVE:

See Block 16C 36C10B26Q0456

Jennifer McCloud/Jennifer.McCloud@va.gov 915-564-6100 ext 2086 07-31-2026

14:00 EST

Department of Veterans Affairs Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724

X 100

X

541519

150 Employees

N/A

See Delivery Schedule Department of Veterans Affairs Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724

50WM7 1

THUNDERCAT TECHNOLOGY, LLC

11190 SUNRISE VALLEY DR STE 200

PHONE: FAX:RESTON VA 20191-4393

EPHONE NO UEIUEI UER4AJLUB8D5

Department of Veterans Affairs Technology Acquisition Center Financial Services Center PO Box 149971 Austin TX 78714-8971

ES/SERVICES QU

See CONTINUATION Page

NetApp Storage Maintenance

See Continuation Pages

$399,989.60VACO-2026—4539XRDB-S1944000-S19340000—INFTECSERVS----257202-

FFACTIVITIES---787417830-00-FRNCHFND-----2026--------1-1-

X X

X ___________ 1 ________________________________ARD OF CONTRACT

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

Edgar Alonso-BernalEdgar Alonso-Bernal

EDGAR ALONSO-BERNAL

2026.09.03 07:50:15 -05'00'

Jean Kim, Contracts 09/03/2026

NASA SEWP: NNG15SD26B

Contract Order Number: 36C10B26F0294

B.1 Schedule of Supplies/Services

1. All products/services shall be in accordance with the Performance Work Statement, entitled “FY26-ESM-Storage Modernization Maintenance”, dated March 9, 2026 as set forth in Section D of this Task Order.

2. The Period of Performance is as follows: September 17, 2026 – September 30, 2027

3. ARM: 200672

4. Inspection/Acceptance: Destination

5. Delivery Address/Point of Contact: See Performance Work Statement

ITEM # SCHEDULE OF SUPPLIES/SERVICES QTY UNIT

of

ISSUE

UNIT PRICE AMOUNT

0001 NetApp 4-hr Parts Replacement; Part Number: CS- 4HR-REPLACEMENT (NetApp or Equivalent) Models AFF-A1K, NSM100 Period of Performance: September 17, 2026 – September 30, 2027

PSC: DK10

2 EA $28,860.48 $57,720.96

0002 ADVISOR PLUS; Part Number: CS-ADVISOR- PLUS2 (NetApp or Equivalent) Models AFF-A1K, NSM100 Period of Performance: September 17, 2026 – September 30, 2027

PSC: DK10

2 EA $2,589.75 $5,179.50

0003 NON-RETURNABLE DRIVES(HDDS/SSDS); Part Number: CS-NON-RETURNABLE-DRIVES (NetApp or Equivalent) Models AFF-A1K, NSM100 Period of Performance: September 17, 2026 – September 30, 2027

PSC:DK10

2 EA $9,802.68 $19,605.36

0004 SUPPORTEDGE PROTECT FOR GOVERNMENT;

Part Number: CS-PROTECT-FOR-GOVT (NetApp or Equivalent) Models AFF-A1K, NSM100 Period of Performance: September 17, 2026 – September 30, 2027

PSC: DK10

2 EA $14,431.40 $28,862.80

0005 SUPPORTEDGE ADVISOR; Part Number: CS-G1- SE-ADVISOR (NetApp or Equvialent) Models AFF-A1K, NSM100 Period of Performance: September 17, 2026 – September 30, 2027

PSC: DK10

2 EA $144,310.39 $288,620.98

BASE TOTAL $399,989.60

TOTAL ORDER VALUE $399,989.60

Governing Law Clause

Federal law and regulations, including the Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO), 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 RFO 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 USC § 5725), Source Code Harmonization and Reuse in Information Technology Act “SHARE IT Act” (P.L. 118-187), and RFO clauses 52.212-4, 52.227- 14 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. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by RFO 52.227-14, this includes any custom code developed for the purpose of performing under this contract. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ) in accordance with 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 modification (Standard Form 30) and shall only be made by a warranted

Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.

SOFTWARE LICENSE, SOFTWARE MAINTENANCE AND SOFTWARE 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 Contract/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) All limitations of software usage are expressly stated in the Schedule of Supplies/Services and the Performance Work Statement/Product Description.

d) The commercial computer software delivered under this contract may not be used, reproduced, or disclosed by the Government except as provided below or as expressly stated otherwise in this contract. The commercial computer software may be-

i. Used or copied for use with the computer(s) for which it was acquired, including use at any Government installation or agency to which the computer(s) may be transferred;

ii. Used or copied for use with a backup computer if any computer for which it was acquired is inoperative;

iii. Reproduced for safekeeping (archives) or backup purposes;

iv. Modified, adapted, or combined with other computer software;

v. Disclosed to and reproduced for use by support service Contractors or their subcontractors, subject to the same restrictions set forth in this contract; and

vi. Used or copied for use with a replacement computer.

e) Unauthorized Obligations.

i. Except as stated in paragraph (ii), when any supply or service acquired under this contract is subject to any commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C.

1341), the following shall govern:

1) Any such language, provision, or clause is unenforceable against the Government.

2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

3) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

ii. Paragraph (u)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

f) Commercial supplier agreements unenforceable clauses.

i. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under RFO 12).

ii. End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

iii. Law and disputes. This agreement is governed by Federal law. Any language purporting to subject the U.S.

Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

1) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted. Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in RFO 52.212-4(e).

2) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

3) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing.

4) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

iv. Updating terms. After award, the contractor may unilaterally revise commercial supplier agreement terms if they are not material. A material change is defined as:

1) Terms that change Government rights or obligations;

2) Terms that increase Government prices;

3) Terms that decrease overall level of service; or

4) Terms that limit any other Government right addressed elsewhere in this contract.

5) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

6) Any agreement license terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

v. No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

vi. Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S.

Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

vii. Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

1) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

2) This charge, if disputed by the ordering activity, will be resolved in accordance with RFO 52.212-4(e); no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

3) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(3). Software Maintenance and/or Technical Support.

a) If the Government desires to continue software maintenance and support beyond the period of performance identified in this Contract/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 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 or Product Description. However, prolonged delay (exceeding two business days) in resolving software problems will be noted in the Government’s various past performance records on the Contractor (e.g., www.cpars.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/Order at no cost.

B.2 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: See Block 17a

b. GOVERNMENT: Contracting Officer - See Block 31b

Department of Veterans Affairs Technology Acquisition Center-Austin 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 – Upon acceptance]

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.

See website at: http://www.fsc.va.gov/einvoice.asp

B.3 ACCOUNTING AND APPROPRIATION DATA

Funds in the amount of $399,989.60 are obligated on Purchase Order (PO) Number 36C10B26F0294 to pay for products/services on Contract Line-Item Numbers (CLIN) 0001-0005. The Contractor shall reference PO Number 36C10B26F0294 and CLIN on all invoices submitted for CLIN 0001-0005.

B.4 Performance Work Statement

PERFORMANCE WORK STATEMENT (PWS)

DEPARTMENT OF VETERANS AFFAIRS

Office of Information & Technology (OIT) Enterprise Storage Management (ESM)

FY26-ESM-Storage Modernization Maintenance

Date: March 9, 2026

VA-26-00059074

PWS Version Number: 1.0

1.0 BACKGROUND

The Department of Veterans Affairs (VA), Office of Information & Technology (OIT), Infrastructure Operations (IO), Platform Support (PS), Storage Management Service Line (SMSL), Enterprise Storage Management (ESM) service team strives to provide high quality, effective, and efficient Information Technology (IT) services to those responsible for providing care to the Veterans at the point-of-care as well as throughout all the points of the Veterans’ health care in an effective, timely and compassionate manner. VA depends on Information Management/Information Technology (IM/IT) systems to meet mission goals.

The SMSL ESM team requires comprehensive hardware maintenance services to ensure uninterrupted operational support for government owned NetApp equipment deployed at the Austin Information Technology Center (AITC) identified in the accompanying spreadsheet. This hardware maintenance support requirement includes the repair and/or replacement of faulty system components necessary to restore equipment to full operational capability and status. These Contractor-provided maintenance support services are required to ensure optimal performance, reliability, and availability of the ESM’s storage infrastructure.

2.0 APPLICABLE DOCUMENTS

In the performance of the tasks associated with this Performance Work Statement, the Contractor shall comply with the following:

1. “Federal Information Security Modernization Act of 2014”

2. Federal Information Processing Standards (FIPS) Publication 140-3, “Security

Requirements for Cryptographic Modules”, March 22, 2019

3. FIPS Pub 199. “Standards for Security Categorization of Federal Information and

Information Systems”, February 2004

4. FIPS Pub 200, “Minimum Security Requirements for Federal Information and

Information Systems”, March 2006

5. FIPS Pub 201-3, “Personal Identity Verification of Federal Employees and

Contractors”, January 2022

6. 10 U.S.C. § 2224, "Defense Information Assurance Program", as amended

7. 5 U.S.C. § 552a, as amended, “The Privacy Act of 1974”

8. Public Law 109-461 (P.L. 109-461), Veterans Benefits, Health Care, and

Information Technology Act of 2006, as amended, Title IX, Information Security Matters

9. 42 U.S.C. § 2000d “Title VI of the Civil Rights Act of 1964”, as amended

10. VA Directive 0710, “Personnel Vetting Program”, September 8, 2025, https://www.va.gov/vapubs/index.cfm

11. VA Handbook 0710, “Personnel Vetting Program”, September 8, 2025, https://www.va.gov/vapubs/index.cfm

12. VA Directive 6102, “Internet/Intranet Services”, August 5, 2019

13. 36 C.F.R. Part 1194 “Information and Communication Technology Standards and

Guidelines”, as amended

14. Office of Management and Budget (OMB) Circular A-130, “Managing Federal

Information as a Strategic Resource”“, July 28, 2016

15. 32 C.F.R. Part 199, “Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)”, as amended

16. NIST SP 800-66 Rev. 2, “Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule: A Cybersecurity Resource Guide”“, February 2024

17. 45 C.F.R Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”); and 45 C.F.R. Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”); as amended

18. Sections 504 and 508 of the Rehabilitation Act (29 U.S.C. § 794d), as amended

19. Homeland Security Presidential Directive (12) (HSPD-12), August 27, 2004

20. VA Directive 6500, “VA Cybersecurity Program”,, February 24, 2021 (see VA

NOTICE 24-18, dated September 27, 2024, “Update to VA Directive 6500 Cybersecurity Program”, and VA Notice 25-07, dated 3/18/25, “Amending VA Directive 6500 to incorporate M-24-15”)

21. VA Handbook 6500, “Risk Management Framework for VA Information Systems VA Information Security Program”,”, February 24, 2021 (see VA Notice 25-01, dated October 15, 2024, “Update to VA Handbook 6500 Risk Management Framework for VA Information Systems VA Information Security Program”, and VA Notice 25-06, dated 3/18/25, “Amending VA Directive 6500 to incorporate M- 24-15”, VA Notice 25-16, dated September 15, 2025, “Amending VA Handbook 6500 to Replace Enterprise Mission Assurance Support Services Tool With Office of Information Technology Governance Risk Compliance Tool, and VA Notice 25- 17, dated September 22, 2025, “Rescission Of Office Of Information Security (OIS) Deputy Assistant Secretary (DAS) Memorandum – Requirements of Proper Plan of Action and Milestones (POA&M) Completion)

22. VA Handbook 6500.2, “Management of Breaches Involving Sensitive Personal Information (SPI)”,”, June 30, 2023

23. VA Handbook 6500.6, “Contract Security”,”, March 12, 2010 (see VA Notice 24- 12, dated April 22, 2024, “Update to VA Handbook 6500.6, Contract Security, Appendix C VA Information and Information System Security/Privacy Language For Inclusion Into Contracts, As Appropriate”)

24. VA Handbook 6500.8, “Information System Contingency Planning”,”, March 25,

25. VA Handbook 6500.10, “Mobile Device Security Policy”,”, February 15, 2018 (see VA NOTICE 25-10, dated June 9, 2025, “Use of Personally Owned Mobile Devices Policy Amendment of Department of Veterans Affairs Handbook 6500.10”, and VA Notice 25-15, dated August 22, 2025, “Update to VA Handbook

6500.10 Mobile Device Security Policy”)

26. VA Handbook 6500.11, “VA Firewall Configuration”,”, August 22, 2017

27. OIT Process Asset Library (PAL), OIT Process Asset Library.

28. One-VA Technical Reference Model (TRM) (reference at https://www.va.gov/trm/TRMHomePage.aspx)

29. VA Directive 6508, “Implementation of Privacy Threshold Analysis and Privacy

Impact Assessment”,”, October 15, 2014

30. VA Directive 6510, “VA Identity, Credential and Access Management”,”, September 3, 2024

31. VA Handbook 6510, “VA Identity, Credential and Access Management”,”, September 27, 2024

32. VA Directive and Handbook 6513, “Secure External Connections”,”, October 12,

33. VA Directive 6300, “Records and Information Management”,”, September 21,

34. VA Handbook, 6300.1, “Records Management Procedures”,”, March 24, 2010

35. NIST SP 800-37 Rev 2, “Risk Management Framework for Information Systems and Organizations: A System Life Cycle Approach for Security and Privacy”, December 2018

36. NIST SP 800-53 Rev. 5, “Security and Privacy Controls for Federal Information Systems and Organizations”, September 23, 2020 (includes updates as of 12/10/2020)

37. VA Directive 0735, “Homeland Security Presidential Directive 12 (HSPD-12) Program”, October 26, 2015

38. VA Handbook 0735, “Homeland Security Presidential Directive 12 (HSPD-12) Program”, March 24, 2014

39. OMB Memorandum 05-24, “Implementation of Homeland Security Presidential Directive (HSPD) 12 – Policy for a Common Identification Standard for Federal Employees and Contractors”, August 5, 2005

40. OMB Memorandum M-19-17, “Enabling Mission Delivery Through Improved Identity, Credential, and Access Management”, May 21, 2019

41. OMB Memorandum, “Guidance for Homeland Security Presidential Directive (HSPD) 12 Implementation”, May 23, 2008

42. Federal Identity, Credential, and Access Management (FICAM) Architecture, June 30, 2023 (FICAM Architecture (idmanagement.gov))

43. NIST SP 800-116 Rev 1, “Guidelines for the Use of Personal Identity Verification (PIV) Credentials in Facility Access”, June 2018

44. NIST SP 800-63 Rev 4, 800-63A-4, 800-63B-4, 800-63C-4, “Digital Identity Guidelines”, August 1, 2025

45. NIST SP 800-157, “Guidelines for Derived PIV Credentials”, December 2014

46. VA Memorandum, VAIQ #7100147, “Continued Implementation of Homeland

Security Presidential Directive 12 (HSPD-12)”, April 29, 2011 (reference https://www.voa.va.gov/documentlistpublic.aspx?NodeID=514)

47. IAM Identity Management Business Requirements Guidance document, May 2013, (reference Enterprise Architecture Section, PIV/IAM (reference https://www.voa.va.gov/documentlistpublic.aspx?NodeID=514)

48. VA Memorandum “Personal Identity Verification (PIV) Logical Access Policy Clarification”, July 17, 2019, https://www.voa.va.gov/DocumentView.aspx?DocumentID=4896

49. Trusted Internet Connections (TIC) 3.0 Core Guidance Documents, https://www.cisa.gov/publication/tic-30-core-guidance-documents

50. OMB Memorandum M-19-26, “Update to the Trusted Internet Connections (TIC) Initiative”, September 12, 2019

51. OMB Memorandum M-08-23, “Securing the Federal Government’s Domain Name System Infrastructure”, August 22, 2008

52. Sections 524 and 525 of the Energy Independence and Security Act of 2007, (P.L.

110–140), December 19, 2007

53. Section 104 of the Energy Policy Act of 2005, (P.L. 109–58), August 8, 2005

54. Executive Order 13221, “Energy-Efficient Standby Power Devices”, August 2,

55. Executive Order 14148, “Initial Rescissions of Harmful Executive Orders and Actions”, dated January 20, 2025

56. VA Directive 0057, “VA Environmental Management Program”, October 25, 2022

57. OIS VAIQ #7424808 Memorandum, “Remote Access”, January 15, 2014, https://www.voa.va.gov/DocumentListPublic.aspx?NodeId=28

58. Clinger-Cohen Act of 1996, 40 U.S.C. §11101 and §11103

59. “Veteran Focused Integration Process (VIP) Guide 4.0”, March 2021, https://www.voa.va.gov/DocumentView.aspx?DocumentID=4371

60. VA Memorandum “Proper Use of Email and Other Messaging Services”, January

2, 2018, https://www.voa.va.gov/DocumentListPublic.aspx?NodeId=28

61. “Product Line Management Transformation Playbook” version 3.1, August 2023, https://www.voa.va.gov/DocumentView.aspx?DocumentID=4946

62. NIST SP 500-267B Revision 1, “USGv6 Profile”, November 2020

63. OMB Memorandum M-21-07, “Completing the Transition to Internet Protocol

Version 6 (IPv6)”, November 19, 2020

64. Social Security Number (SSN) Fraud Prevention Act of 2017

65. Section 240 of the Consolidated Appropriations Act (CAA) 2018, March 23, 2018

66. C.F.R Title 15 Part 7, “Securing the Information and Communications Technology and Services (ICTS) Supply Chain”, as amended

67. Executive Order 14028, “Executive Order on Improving the Nation's

Cybersecurity”, May 12, 2021, https://bidenwhitehouse.archives.gov/briefing-room/presidential-actions/2025/01/16/executive-order-on-strengthening-and-promoting-innovation-in-the-nations-cybersecurity/

68. OMB Memorandum M-22-09, “Moving the U.S. Government Toward Zero Trust Cybersecurity Principles”, January 26, 2022, https://www.whitehouse.gov/wp-content/uploads/2022/01/M-22-09.pdf.

69. NIST SP 800-52 Revision 2, “Guidelines for the Selection, Configuration, and Use of Transport Layer Security (TLS) Implementations

70. OMB M-26-05, “Adopting a Risk-based Approach to Software and Hardware Security”, January 23, 2026

71. OMB M-21-31, “Improving the Federal Government’s Investigative and Remediation Capabilities Related to Cybersecurity Incidents”, August 27, 2021

72. NIST SP 800-88 Revision 1 “Guidelines for Media Sanitization”, December 2014

73. CISA Binding Operational Directive (BOD) 19-02: “Vulnerability Remediation

Requirements of Internet-Accessible Systems”, April 29, 2019, BOD 19-02:

Vulnerability Remediation Requirements for Internet-Accessible Systems | CISA

74. CISA BOD 22-01: “Reducing the Significant Risk of Known Exploited Vulnerabilities”, November 3, 2021, BOD 22-01: Reducing the Significant Risk of Known Exploited Vulnerabilities | CISA

75. CISA BOD 23-01: Improving Asset Visibility and Vulnerability Detection on Federal Networks.” Cybersecurity & Infrastructure Security Agency (CISA), BOD 23-01: Improving Asset Visibility and Vulnerability Detection on Federal Networks

| CISA

76. VA Directive 6550, Pre-Procurement Assessment and Implementation of Medical Devices/Systems, June 03, 2019

77. VA Memorandum, “VA Security Controls”, January 17, 2025, https://www.voa.va.gov/DocumentView.aspx?DocumentID=5010

78. E.O. 13960, “Promoting the Use of Trustworthy Artificial Intelligence in the Federal Government”, December 3, 2020

79. E.O. 14319, “Preventing Woke AI in the Federal Government”, July 23, 2025

80. OMB Memorandum M-25-21, “Accelerating Federal Use of AI through Innovation, Governance, and Public Trust”, April 3, 2025

81. OMB Memorandum M-25-22, “Driving Efficient Acquisition of Artificial Intelligence in Government”, April 3, 2025

82. OMB Memorandum M-26-04, “Increasing Public Trust in Artificial Intelligence (AI)

Through Unbiased AI Principles”, December 11, 2025

3.0 SCOPE OF WORK

The Contractor shall provide services in accordance with (IAW) this PWS which establishes the requirements for hardware maintenance and support services for VA-owned storage systems and arrays at AITC locations (see PWS section 4.2), across specified model types and serial numbers for the designated periods of performance.

The Contractor shall provide, for each listed system, comprehensive support services as described below, ensuring optimal functionality and availability for all hardware assets under this contract.

Applicable Systems Table:

Loc. Model Description Serial Number(s) Period of

Performance AITC AFF-A1K Storage System 952453000500

952453000550 9/17/26 – 9/30/27

AITC NSM100 Disk Shelves 952442000421 952425000153 952442000402

9/17/26 – 9/30/27

* NOTE: See Attachment B for greater applicable system details.

4.0 PERFORMANCE DETAILS

4.1 PERFORMANCE PERIOD

The PoP shall be:

09/17/26-9/30/27 for CLINs 0001 through 0005

4.2 PLACE OF PERFORMANCE

Tasks under this PWS shall be performed under VA employee escort as applicable via remote (troubleshooting) and in VA facilities (see VA Facilities Table). Work may be performed at remote locations with prior concurrence from the Contracting Officer’s Representative (COR).

VA Facility Table:

Loc.

ID

Name Address POC

AITC Austin Information Technology Center

1615 Woodward St.

Austin, TX 78741

Will be provided at award

The Contractor shall follow all VA directives for onsite work, remote access, and data-handling protocols.

4.3 TRAVEL

The Contractor shall provide all necessary on-site maintenance, repair, and diagnostic services for the specified storage hardware. All travel required to reach the designated facility locations to perform these services is considered incidental to the performance of this contract.

All costs associated with travel, including but not limited to transportation, lodging, meals, and incidental expenses (as defined by the Federal Travel Regulation or standard commercial accounting practices), are included in the firm-fixed-price of the maintenance services. No separate line item for travel shall be billed to the Government.

The Contractor is responsible for ensuring that qualified personnel are available to meet the response time requirements specified in this PWS, regardless of the distance between the Contractor’s service centers and the hardware location. The Contractor shall not be entitled to additional compensation for travel time or expenses incurred during the performance of routine maintenance or emergency repairs.

5.0 SPECIFIC TASKS AND DELIVERABLES

5.1 HARDWARE MAINTENANCE

The Contractor shall provide hardware maintenance for the listed storage systems and arrays. This includes:

Continuous 24/7/365 remote and onsite support (including weekends and holidays).

A one (1) hour callback standard from initial service request receipt.

Onsite troubleshooting within four (4) hours if remote support is insufficient.

Onsite delivery and installation of replacement parts within four (4) hours when required.

Government retains all storage media containing sensitive or confidential data.

All defective parts replaced are retained by the Contractor.

Maintenance and support must cover both hardware and firmware/software integration, ensuring the system’s operational capability.

Service solutions must fully integrate with Applicable Systems Table equipment and be compatible with name brand or equivalent with equal or superior performance (e.g., minimum same form factor, IOPS, connectivity, and interface support).

Must meet VA FIPS, NIST, and security compliance standards for device repair and media handling.

The Contractor shall provide comprehensive hardware and software support, including firmware updates, remote diagnostics, and incident management. Services shall include:

Vulnerability and security patch management, and regulatory compliance guidance for Government environments.

All updates and patches must be OEM or equivalent, tested for compatibility with covered system models.

5.2 4-HOUR ONSITE PARTS REPLACEMENT

The Contractor shall provide expedited onsite parts replacement for covered systems, including:

Replacement components must be OEM or equivalent in form, fit, function, and reliability.

Response must not exceed four (4) hours from initial remote diagnostic confirmation.

Replacement parts shall include all hardware components (controllers, drives, shelf components, power supplies, etc.).

All replaced parts must be certified as compatible and validated against OEM or equivalent standards.

The Contractor shall enable the Government to retain failed drives (HDD/SSD) for data security including:

Replacement storage media must be OEM or equivalent, meeting original capacity, interface, and performance specifications.

All media removal procedures must comply with VA privacy and data control regulations.

5.3 ADVISOR SERVICES

The Contractor shall provide remote and onsite technical guidance, system optimization, performance analysis, and proactive issue identification, including:

Best practices, system health checks, and risk mitigation strategies.

Reporting on configuration, firmware/software versions, and security patch status.

Service delivered must be equivalent to OEM NetApp's Advisor Plus, supporting

AFF-A1K, A900, NSM100, NS224 & DS224 systems (or equivalent).

The Contractor shall provide additional technical services for configuration validation, including:

Proactive alerts, best practice recommendations, and escalation support.

Advisors must support systems as listed, providing equivalent coverage to OEM services.

5.4 DELIVERABLES

The Contractor shall submit completed asset support forms (Attachment A) electronically, including service call instructions, OEM confirmation of license/support purchase, and correlation between serials/CLINs. Attachment A shall include:

Form completion includes blocks 15-32 per contract instructions.

Service call instructions and support form (Attachment A), OEM or equivalent license confirmation.

NetApp Certificate of Support (or equivalent), submitted electronically to VA points of contact.

Escalation and onsite support documentation per performance standards.

5.5 PERFORMANCE STANDARDS

The Contractor shall adhere to the following performance standards:

All onsite response and parts delivery times (4-hour maximum) must be measured from initial remote diagnostic confirmation.

All replacement components, technical advisory, and media retention must adhere to VA and FEDRAMP, FIPS, and NIST compliance requirements.

Contractor shall provide relevant certification of support (e.g., NetApp Certificate of Support or equivalent).

Contractor performance will be evaluated based on responsiveness, accuracy of parts, and compliance with VA data protection requirements.

Any failure to meet required SLA will be documented and corrective action required.

5.6 SYSTEM-CLIN CROSS REFERENCE TABLE:

CLIN Description Model(s) Serial

Number(s) Qty Loc. PoP

4-Hour Onsite Parts Replacement (NetApp CS- 4HR-REPLACEMENT or Equivalent)

AFF-A1K,

NSM100

See “Applicable Systems Table above” under

3.0 Scope of

Work

2 AITC 9/17/26 –

9/30/27

Advisor Plus Service (NetApp CS-ADVISOR-PLUS2 or Equivalent)

AFF-A1K,

NSM100

See “Applicable Systems Table above” under

3.0 Scope of

Work

2 AITC 9/17/26 –

9/30/27

Non-Returnable Drives (NetApp CS-NON- RETURNABLE-DRIVES or Equivalent)

AFF-A1K,

NSM100

See “Applicable Systems Table above” under

3.0 Scope of

Work

2 AITC 9/17/26 –

9/30/27

0004 SupportEdge Protect for Government (NetApp CS-

AFF-A1K,

NSM100

See “Applicable Systems Table 2 AITC 9/17/26 –

9/30/27

CLIN Description Model(s) Serial Number(s) Qty Loc. PoP

PROTECT-FOR-GOVT or Equivalent) above” under

3.0 Scope of

Work

SupportEdge Advisor (NetApp CS-G1-SE-ADVISOR or Equivalent)

AFF-A1K,

NSM100

See “Applicable Systems Table above” under

3.0 Scope of

Work

2 AITC 9/17/26 –

9/30/27

6.0 GENERAL REQUIREMENTS

6.1 ENTERPRISE AND IT FRAMEWORK

6.1.1 VA TECHNICAL REFERENCE MODEL

The Contractor shall comply with the VA OIT Technical Reference Model (VA TRM).

Compliance with the VA TRM is achieved by using only technologies and standards that are listed as approved for use in the VA TRM. The Contractor shall provide all necessary information requested by VA to ensure TRM approval is obtained prior to use on VA’s network.

6.1.2 ZERO TRUST – VA CRITICAL SECURITY CONTROLS

VA has established minimum mandatory security requirements and requires that any network connected software system or service must meet the VA Critical Security Controls as outlined in the VA Memorandum, “VA Security Controls”, https://www.voa.va.gov/DocumentView.aspx?DocumentID=5010. VA Critical Security Controls identify the minimum mandatory requirements that must be implemented across all VA enterprise infrastructure, cloud computing environments, information systems, networks, and specialized devices (medical devices/systems, special-purpose systems, and research scientific computing devices) that process, store, and/or transmit VA data. Effective July 1, 2025, the Contractor shall implement these VA Critical Security Controls, within any network connected software system or service prior to being authorized for use in the VA. This functional requirement is not negotiable, and Plan of Action & Milestones (POAM) will not be accepted in the event these controls cannot be implemented for new systems. Critical Security Controls are intended to increase VA’s security posture and provide security and privacy risk visibility into the VA network and is not a new requirement. The Contractor’s failure to maintain these VA Critical Controls after implementation will result in VA discontinuing the use of the system.

6.1.3 FEDERAL IDENTITY, CREDENTIAL, AND ACCESS MANAGEMENT (FICAM)

The Contractor shall ensure Commercial Off-The-Shelf (COTS) product(s), software configuration and customization, and/or new software are Personal Identity Verification (PIV) card-enabled by accepting HSPD-12 PIV credentials using VA Enterprise

Architecture (EA), and VA Identity and Access Management (IAM) approved Enterprise Technology Guidelines (ETG). The Contractor shall ensure all Contractor delivered applications and systems comply with the VA Identity, Credential, and Access Management policies and guidelines set forth in Executive Order 14028, VA Handbook 6510 VA Identity and Access Management, VA Handbook 0735 Homeland Security Presidential Directive 12 (HSPD-12) Program, CISA Binding Operational Directive 23- 01, and align with the Federal Identity, Credential, and Access Management Roadmap and Implementation Guidance v2.0.

The Contractor shall ensure all Contractor delivered applications and systems provide user authentication services compliant with the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-63-3, VA Handbook 6500, and VA IAM enterprise requirements for direct, assertion based authentication, and/or trust based authentication, as determined by the ETGs. Direct authentication at a minimum must include Public Key Infrastructure (PKI) based authentication supportive of PIV card and/or Common Access Card (CAC), as determined by the business need.

The Contractor shall ensure all Contractor delivered applications and systems conform to the specific Identity and Access Management PIV requirements set forth in the Office of Management and Budget (OMB) Memoranda M-05-24, M-19-17, M-22-09, and NIST Federal Information Processing Standard (FIPS) 201-3. Contractor delivered applications and systems shall be on the FIPS 201 Approved Product List (APL). If the Contractor delivered application and system is not on the APL, the Contractor shall be responsible for taking the application and system through the FIPS 201 Evaluation Program.

The Contractor shall ensure all Contractor delivered applications and systems support:

1. Automated provisioning and are able to use enterprise provisioning service.

2. Interfacing with VA’s Master Person Index (MPI) to provision identity attributes, if the solution relies on VA user identities. MPI is the authoritative source for VA user identity data.

3. The VA defined unique identity (Secure Identifier [SEC ID] / Integrated Control Number [ICN]).

4. Multiple authenticators for a given identity and authenticators at every Authenticator Assurance Level (AAL) appropriate for the solution.

5. Identity proofing for each Identity Assurance Level (IAL) appropriate for the solution.

6. Federation for each Federation Assurance Level (FAL) appropriate for the solution, if applicable.

7. Two-factor authentication (2FA) through an applicable Technology Guideline as outlined in VA ETG.

8. A Security Assertion Markup Language (SAML) implementation if the solution relies on assertion-based authentication. Additional assertion implementations, besides the required SAML assertion, may be provided as long as they are compliant with NIST SP 800-63-3 guidelines.

9. Authentication/account binding based on trusted Hypertext Transfer Protocol (HTTP) headers if the solution relies on Trust based authentication.

10. Role Based Access Control.

11. Auditing and reporting capabilities.

12. Compliance with VIEWS 00155984, PIV Logical Access Policy Clarification https://www.voa.va.gov/DocumentView.aspx?DocumentID=4896.

The required Assurance Levels for this specific effort are Identity Assurance Level 3, Authenticator Assurance Level 3, and Federation Assurance Level 3.

6.1.4 INTERNET PROTOCOL VERSION 6 (IPv6)

The Contractor solution shall support IPv6-Only 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). Which defines IPv6-only as the state of an operational system or service when IPv4 protocol functions (addressing, packet forwarding) are not in use. The NIST USGv6 profile defines technical requirements for a product to be capable of operating in IPv6-Only environments. IPv6-Only 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, applications, and systems shall support all applicable functionality on native IPv6-Only as well as 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-Only and dual stack (IPv6 / IPv4) users and all internal infrastructure and applications shall support using native IPv6-Only and dual stack (IPv6 / IPv4) for all functionality and operations.

6.1.5 TRUSTED INTERNET CONNECTION (TIC)

The Contractor solution shall meet the requirements outlined in Office of Management and Budget Memorandum M-19-26, “Update to the Trusted Internet Connections (TIC) Initiative“ (https://www.whitehouse.gov/wp-content/uploads/2019/09/M-19-26.pdf), VA Directive 6513 “Secure External Connections”, and shall comply with the TIC 3.0 Core Guidance Documents, including all Volumes and TIC Use Cases, found at the Cybersecurity & Infrastructure Security Agency (CISA) (https://www.cisa.gov/publication/tic-30-core-guidance-documents).

6.1.6 STANDARD COMPUTER CONFIGURATION

The Contractor IT end user solution that is developed for use on standard VA computers shall be compatible with and be supported on the standard VA operating system, Windows 11, Edge (Chromium based), and 365 Apps for enterprise.

Applications delivered to VA and intended to be deployed to Windows 11 workstations shall be delivered as a signed .msi package with switches for silent and unattended installation and updates shall be…

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