36C10G23R0007.docx

36C10G23R0007

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1. 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

VA-19-00075948

36C10G23R0007 01-30-2023 Tessa Smith Tessa.Smith2@va.gov 03-10-2023 11:00

EST

36C10G U.S. Department of Veterans Affairs OPAL | Strategic Acquisition Center 10300 Spotsylvania Ave | STE 400 Fredericksburg VA 22408-2697 X 541512 $30 Million Net 30 N/A X

VA119

Identified at the Task Order Level

36C10G U.S. Department of Veterans Affairs OPAL | Strategic Acquisition Center 10300 Spotsylvania Ave Fredericksburg VA 22408

See Invoice Instructions

See CONTINUATION Page Veterans Healthcare Administration (VHA), Office of Connected Care, Connected Care Integrated Network This Request for Proposal will result in a Firm Fixed Price IDIQ Contract.

See CONTINUATION Page X X Wendy Minch

VAOPA2021B7F7C16F

Table of Contents

A.2 GOVERNING LAW CLAUSE

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, as permitted by FAR 12.212. 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 (shrink-wrap), 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 USC § 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. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14. 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.

A.3 VETERAN SMALL BUSINESS CERTIFICATION (VETCERT)

Pursuant to the FY 2021 National Defense Authorization Act, certification authority for SDVOSBs and VOSBs has transferred from VA’s Center for Verification and Evaluation to the SBA. Any clause that references verification in the Vendor Information Pages database shall be understood to instead reference certification in SBA’s Veteran Small Business Certification Program (VetCert).

A.4 DATA RIGHTS

The Government shall receive Unlimited Rights to data first produced in performance of this contract IAW FAR 52.227-14, “Rights In Data-General” (MAY 2014). This includes all rights to source code and any and all documentation created in support thereof. License rights in any Commercial Computer Software shall be governed by FAR 52.227-19, “Commercial Computer Software License” (DEC 2007). Any data delivered shall be submitted and protected IAW VA handbook 6500.

A.5 QUALITY ASSURANCE

Performance will be measured in two contexts. One will be at the Task Order level using quality metrics specific to the nature of the work required on the Task Order (for instance, a Task Order for a web-based application may use metrics like abandonment rates, load times, etc.) which will be captured and tracked by VA. In some cases, the Government may specify required metrics for a specific Task Order Quality Assurance Surveillance Plan (QASP). It is the Government’s preference, when appropriate and practical, that performance information be provided via real-time tools (e.g. dashboards) made available to the Government rather than via separate paper or electronic reports. Performance at the Task Order level will also be measured in the categories of on-time delivery/schedule, and management. Additionally, for Task Orders that exceed the Simplified Acquisition Threshold, in order to meet Contractor Performance Information requirements in accordance with FAR Part 42.15, Contractor Performance Assessment Reporting System (CPARS) will be utilized.

A.6 GOVERNMENT INSPECTION AND OVERSIGHT

The Contractor shall cooperate with authorized Government offices in the areas of facilities access, audits, security incident notification, and hosting location.

Specifically, the Contractor (and any Subcontractors) shall:

Provide the CO, designated representative of the CO, and representatives of authorized Government offices, full and free physical and remote/logical access to the Contractor's (and Subcontractors') facilities, installations, operations documentation, databases, and personnel used for contract hosting services. This access shall be provided to the extent required to carry out audits, inspections, device scanning utilizing Government prescribed tools, investigations, or other reviews to ensure compliance with contractual requirements for IT and information security, and to safeguard against threats and hazards to the integrity, availability, and confidentiality of agency information in the possession or under the control of the Contractor (or Subcontractor) Fully cooperate with all audits, inspections, investigations, or other reviews conducted by or on behalf of the CO or other authorized Government offices as described in subparagraph (a). Full cooperation includes, but is not limited to, prompt disclosure (per agency policy) to authorized requests of data, information, and records requested in connection with any audit, inspection, investigation, or review, making employees of the Contractor available for interview by auditors, inspectors, and investigators upon request, and providing prompt access (per agency policy) to Contractor facilities, systems, data and personnel to the extent the auditors, inspectors, and investigators reasonably believe necessary to complete the audit, inspection, investigation, or other review. The Contractor's (and any Subcontractors') cooperation with audits, inspections, investigations, and reviews conducted under this clause will be provided at no additional cost to the Government Preserve such data, records, logs and other evidence which are reasonably necessary to conduct a thorough investigation of any computer security incident. A computer security incident (as defined in NIST SP 800-61, Computer Security Incident Handling Guide), including but not limited to, those constituting an actual or potential threat or hazard to the integrity, availability, or confidentiality of agency information in the possession or under the control of the Contractor (or Subcontractor), or to the function of information systems operated by the Contractor (or Subcontractor) in the performance of this contract Promptly notify the designated agency representative in the event of any computer security and privacy incident as described in paragraph (c) above. This notification requirement is in addition to any other notification requirements which may be required by law or this contract. Established Federal agency timeframes for reporting security and privacy incidents to the United States Computer Emergency Readiness Team (US-CERT), although not exhaustive, serve as a useful guideline for determining whether reports under this paragraph are made promptly. (See NIST SP 800-61, Computer Security Incident Handling Guide, Appendix J) Provide to the requestor (CO, a representative of the CO, or authorized Government offices) Government data, information, or records under the control of or in the possession of the Contractor pursuant to this contract, which the Agency or authorized Government offices, including the Office of Inspector General, may request in furtherance of other audits, inspections, investigations, reviews or litigation in which the Agency or other authorized Government offices are involved in the form specified at the task order level. Requests for production under this paragraph shall specify a deadline not less than 10 days for compliance which will determine whether response to the request has been made in a timely manner. Unless expressly provided otherwise elsewhere in this contract, the production of data, information, or records under this paragraph will be at no additional cost to the Government Include the substance of this Section, including the language herein any subcontract which would require or otherwise result in Subcontractor employees having access to agency information in the possession or under the control of the Contractor (or Subcontractor), or access to information systems operated by the Contractor (or Subcontractor) in the performance of this contract Ensure that all hosting services pertaining to this contract are performed within the United States of America, including the storage of agency data, information, and records under the control of or in the possession of the Contractor pursuant to this contract.

A.7 PURCHASE CARD:

Definitions:

“Government wide commercial purchase card” means a uniquely numbered credit card issued by a Contractor under GSA’s Government wide Contract for Fleet, Travel, and Purchase Card Services to named individual Government employees or entities to pay for official Government purchases.

The Contractor may accept payments for written orders made using the Government wide commercial purchase card in the amount of $10,000 or less. Orders above $10,000 shall be subject to invoicing instruction provided in the contract administration (Section B.3) The Contractor shall not process a transaction for payment through the purchase card clearinghouse until the purchased supplies have been accepted. Purchase card transactions shall be included in the quarterly sales reporting.

A.8 CONTRACTING OFFICER REPRESENTATIVE (COR) TASK AND BASE CONTRACT

CONTRACT MANAGEMENT

Government Support Task Order COR – TBD at Task Order Levels Base Contract COR There will be a Base Contracting Officer Representative for the Base IDIQ contract, appointed by the Contracting Officer and duties will be delegated in a designation letter. This COR will be responsible for the overarching COR efforts for the base IDIQ contract.

Task Order CORs:

Additionally, a COR shall be designated for each Task Order. The COR shall be appointed by the CO and duties will be delegated in a designation letter. The COR is the Requiring Activity’s designated representative. The COR designated for each Task Order shall provide the Contractor access to all available Government furnished information, facilities, material, equipment, and/or services as required to accomplish each Task Order. Contract surveillance duties shall be defined and accomplished IAW each Task Order’s QASP.

Contractor Program Management The Contractor shall establish a single management focal point, the Program Manager, to accomplish the administrative, managerial and financial aspects of this contract and all subsequent Task Orders. This individual shall be identified to the Strategic Acquisition Center (SAC) as the focal point for all programmatic issues.

A.9 CENTRALIZED VS. DECENTRALIZED

Task Orders (Services) shall not be decentralized and must be executed by a Strategic Acquisition Center (SAC) Contracting Officer (CO). Product Delivery Orders may be decentralized and may be executed by warranted field Contracting Officers. In the event that a field office is executing a Product Delivery Order, the activity shall notify the Base Appointed COR to ensure that it is within the scope and realm of Telehealth OCC Program Mission. Any decentralized Product Deliver Order shall only be used for Telehealth efforts and in accordance with VA Directive 6008. Ordering officers will NOT be appointed or delegated the responsibility to place orders against this contract.

The contractor shall submit a monthly report of the contract usage (obligations and options) to ensure that the contract value is not exceeded as orders may be decentralized.

A.10 SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT:

Definitions.

Licensee. The term “licensee” shall mean the U.S. Department of Veterans Affairs (“VA”) and is synonymous with “Government.”

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.

Software. The term “software” shall mean the licensed computer software product(s) cited in the Schedule of Supplies/Services.

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.

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.

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.

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).

Software License 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 The Government may use the software in a networked environment.

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).

All limitations of software usage are expressly stated in the Schedule of Supplies/Services and the Performance Work Statement/Product Description.

Software Maintenance and Technical Support

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.

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.

A.11 NOTIFICATION OF SUBSTITUTED AND BACK-ORDERED ITEMS:

The Contractor shall notify the Ordering Office point of contact within one (1) business day for non-emergency Orders and within four (4) hours of an emergency Order if any parts/materials cannot be delivered in accordance with the individual Order delivery requirements. To ensure that the correct items are shipped, the Contractor shall not substitute items without prior approval by the Contracting Officer and Contracting Officer Representative. Instances where the Contractor cannot meet the Government’s requirement(s), the Contractor shall notify the Contracting Officer and Contracting Officer Representative of the shortest delivery period available.

A.12 WARRANTY

Items acquired under this contract may require additional warranty protection beyond that provided under 52.212-4. Commercial warranties shall be transferred to the Government. The type of warranty and extent of coverage shall be determined on an individual Task Order basis.

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SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 SOLICITATION DESCRIPTION

This is a solicitation for commercial products and services prepared in accordance with FAR Part 12 and supplemented with additional information included herein.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01 and any updates thereafter.

Section B.2 below references the Price Schedule, which is attached as an excel sheet titled “Attachment D- B Table for Offerors_CCIN”.

The provision at 52.212-1, “Instructions to Offerors -- Commercial,” applies to this acquisition. See Section E below for addenda.

The provision at 52.212-2, “Evaluation -- Commercial Items,” does not apply to this acquisition. See Section E below for the Evaluation procedures and Basis for Award.

This solicitation is Full and Open under NAICS Code 541512 – Computer Systems Design Services.

The total Period of Performance (POP) is for seven (7) years (inclusive of a 5-year base and 2, one-year option periods). The contract POP is anticipated to begin on or around September 29, 2023.

Offerors shall submit all questions relating to the solicitation on Attachment E – RFP questions by the specified date and time to the Contracting officer and Contract Specialist as specified in the Instructions to Offerors.

B.2 SCHEDULE

The minimum dollar amount that the Government agrees to order under the contract award is $100,000.00 There is no further obligation by the Government after minimum guarantee is met. The maximum quantity (expressed as dollar value) under this contract is $2,000,000,000.00. This maximum quantity applies for the duration of the contract (which includes the base period plus any exercised options).

36C10G23R0007

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B.3 CONTRACT ADMINISTRATION:

All contract administration will be handled by the following individuals:

CONTRACTOR: TBD

GOVERNMENT:

Wendy Minch - Contracting Officer Strategic Acquisition Center-Fredericksburg U.S. Department of Veterans Affairs 10300 Spotsylvania Ave., STE 400 Fredericksburg, VA 22408

Deidre Parker - Contracting Specialist Strategic Acquisition Center-Fredericksburg U.S. Department of Veterans Affairs 10300 Spotsylvania Ave., STE 400 Fredericksburg, VA 22408

The CO reserves the right to designate Contracting Officer’s Representatives (COR) for the contract and/or for individual task orders issued hereunder. The CO will issue designation letters to any CORs and to the contractor that set forth in writing the extent of the COR’s authority to act on behalf of the CO, the limitations on the COR’s authority, and the period covered by the designation. In no event will any COR possess authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract or any task orders issued hereunder nor in any way direct the contractor or its subcontractors to operate in conflict with the terms and conditions of the contract or any task order.

B.4 INVOICES

Invoicing procedures will be addressed at the task order level. The following is information regarding the invoicing process.

A. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

B. INVOICES: Payments shall be made upon inspection and acceptance in arrears upon receipt of a properly prepared invoice. In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veteran Affairs Financial Services Center (VAFSC).

Invoices shall be submitted in arrears:

C. 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.

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-8917

Electronic invoice submission required in accordance with VAAR 852.232-72. Invoices shall be submitted to the email address below:

vafsccshd@va.gov

B.5 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018).

(a) Definitions. As used in this clause-

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of clause)

B.6 FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

CONTRACTOR INSTRUCTIONS FOR VHA CONTRACTS ONLY

VENDOR ELECTRONIC INVOICE SUBMISSION METHODS: Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

· VA’s Electronic invoice presentment and payment system-The FSC uses a third party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please see Tungsten contact information below to begin submitting electronic invoices, free of charge.

· A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

Vendor e-invoice Set-up information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center (FSC) in Austin, TX for payment processing. If you have questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below.

Tungsten Registration:

Tungsten/OB10 e-Invoice setup information: 1-877-489-6135 Tungsten/OB10 e-Invoice email: VA.Registration@ob10.com FSC e-Invoice contact information: 1-877-353-9791 FSC e-Invoice email: vafsccshd@va.gov http://www.fsc.va.gov/einvoice.asp

COMMUNICATIONS:

https://www.federalregister.gov/articles/2012/11/27/2012-28612/va-acquisition-regulation-electronic-submission-of-payment-requests

Submission of Proper Invoice - The following data must be included in an invoice for it to constitute a proper invoice:

a. Name and address of the contract

b. Invoice date and number

c. Item number, description, quantity, unit of measure, price, extended price and a total of supplies delivered or services performed.

1. Cumulative billing (per line item and total)

1. Final invoices must be marked ‘FINAL INVOICE’

1. Proof of supplies delivered or services performed MUST also be provided. Signature, printed name and title of Government receiving official and date of delivery or performance period must be included.

INVOICES THAT DO NOT COMPLY WITH THESE REQUIREMENTS SHALL BE REJECTED.

B.7 ACKNOWLEDGMENT OF AMENDMENTS:

The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.8 TECHNOLOGY REFRESH/ENHANCEMENT (TRE) PROCEDURES

During the performance of this contract, at the Task Order/ Delivery Order Level, the Government may solicit, and at the Contractor's discretion may submit Technology Refresh/Enhancement (TRE) proposals. TRE means any changes and/or enhancements within the functional categories and/or contract line items contained in this contract. The TRE shall contain the documentation by which any proposed change is described, justified, and submitted to the procuring activity for approval or disapproval. These TREs, must be within the general scope of this contract, may be requested by the government and/or proposed by the contractor, for certain requirements specified herein. The TREs may include but are not limited to enhancements, technology refresh or renewal, and/or for any other purpose which present a system or service performance advantage to the Government. Improvement in technology which better provides for the needs of patients, employees, or other users with disabilities is especially encouraged. Implementation of an approved TRE will occur by contract modification and may be a supplemental agreement to the base contract.

1. At a minimum, any proposal submitted by the Contractor pursuant to this section of the contract shall include the following information:

a. A statement to the effect that the proposal is being submitted pursuant to this language;

b. A detailed technical description of the proposed changes;

c. A detailed comparison between the existing contract requirements and the proposed changes, including the advantages and disadvantages of each;

d. An itemized list of each contract requirement, including any delivery schedules or completion dates that would, in the Contractor's opinion, be affected by the proposed changes;

e. An estimate of any change (increase or decrease) to the contract's price, including any related cost; in the event that there is a price change (particularly a price increase), a fair and reasonable price determination shall be conducted, therefore the Contractor may be required to submit supporting documentation to justify this pricing, and in some cases other than certified cost or pricing data may be required.

f. Price Challenge: For any items on contract, in the even that market changes support more favorable prices in the marketplace, the Government may issue a price challenge to the contractor asking for further rationale to support the current pricing. If rational does not support the current price on contract, then the Government has the right to remove the item from contract or issue a bilateral modification to the contract to adjust the price downward.

g. An estimate of the date by which the government should accept the proposal in order to receive maximum benefits; and,

h. The date until which the proposal is valid. (This date must provide reasonable time for the government to review the proposal.)

2. The Contractor may withdraw, in whole or in part, any improvement proposal which is not accepted by the Government within the specified time for acceptance.

3. The Contracting Officer shall accept or reject any improvement proposal by giving the Contractor written notice of such acceptance or rejection.

4. If the proposal is accepted, the Contracting Officer shall issue a contract modification to incorporate any necessary changes into the contract, including any increase or decrease in the contract price. Such adjustment shall be made in accordance with FAR 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services. Also reference (e) and (f) above.

5. Unless and until the contract is modified in writing to incorporate any changes resulting from the Government's acceptance of an improvement proposal, the Contractor shall continue to perform in accordance with the contract's existing terms and conditions.

6. The Contracting Officer's decision to accept or reject any improvement proposal shall be final and shall not be subject to the terms cited in the dispute's clause. Furthermore, the Government shall not be liable for the direct reimbursement of any proposal costs. In no event shall the Government be liable for any additional costs incurred by the Contractor due to the Government's delay in accepting or rejecting any improvement proposal.

7. The Contractor is requested to identify specifically any information contained in its improvement proposal which it considers confidential and/or proprietary and which it prefers not to be disclosed outside the government. The Contractor's identification of information as confidential and/or proprietary is for informational purposes only and shall not be binding on the government. The Contractor is advised that such information may be subject to releases under the Freedom of Information Act (5 U.S.C. 552).

B.9 UTILIZATION OF SUPPORT CONTRACTORS BY THE GOVERNMENT

a. Offerors are advised that non-government employees shall serve as advisor for assisting the government during evaluation of proposals. The government shall authorize these persons access only to those portions of the proposal data and limit discussion only for the purpose of providing technical advice on specialized matters or particular issues. They shall be expressly prohibited from scoring, ranking or recommending the selection of a source.

b. The Government is responsible for proper safeguards to ensure proposal evaluation objectivity. In this regard, the government exclusively retains all source selection decision authority and supporting decision responsibilities. Moreover, all participants in the proposal review process with access to source selection sensitive information are required to execute a government nondisclosure agreement.

c. Government support contractors who may be involved in review of proposals submitted in response to this solicitation are identified as follows:

Contractor name – Tessa Smith Contractor Company Name – Cameo Consulting Group, LLC Contractor Company Address - 2707 Fairhaven Ave 2707, Alexandria, VA 22303 Contractor phone number and email address – Tessa.Smith2@va.gov

d. Offerors who submit proposals in response to this solicitation do so with the express understanding that government support contractors serving as advisors in the proposal review process may have access to the Offeror’s proposal information, as described above. Offerors requiring nondisclosure agreements (NDAs) with any government support contractor are not relieved of solicitation submission time requirements, nor is the Government required to provide additional time to Offerors requiring their own bilateral nondisclosure agreements with any government support contractors.

e. Offerors requiring NDAs with any government support contractor shall:

1. Inform the contracting officer of the Offerors’ requirement;

2. Contact the Government support contractor and negotiate the necessary terms and conditions and obtain the contractor’s written agreement;

3. With the proposal submission, provide a signed copy of each executed nondisclosure agreement to the contracting officer; and

4. Indicate in the proposal that the support contractor(s) may utilize the Offerors’ proprietary data in evaluating the Offerors’ proposal.

f. The Offeror shall notify its prospective subcontractor(s) who are submitting proprietary information that the above government support contractors may require similar access to this information. Any such subcontractors may execute agreements directly with the above government support contractors or may authorize an Offeror to permit such access on such reasonable terms as the subcontractor may provide. For each such subcontractor agreement executed, Offerors shall provide copies of such agreements within their proposals and shall indicate in the proposals that the Government support contractor(s) may utilize subcontractor proprietary data in evaluating the subcontractor(s) proposal for this acquisition.

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SECTION C - CONTRACT CLAUSES

C.1 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/

(End of Clause)

C.2 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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 and Other Covered Entities (NOV 2021) (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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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:

[X] (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).

[X] (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) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the…