36C10X22Q0269_2.docx

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

SET-ASIDE

Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

POINT OF CONTACT*

Contract Specialist Jennifer Mack Jennifer.Mack1@va.gov

(202) 320-0225

PLACE OF PERFORMANCE

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Amendment to a Previous Combined Solicitation

Amendment to a Previous Combined Solicitation

DESCRIPTION

Page 1 of

Amendment to a Previous Combined Solicitation

GENERAL INFORMATION

SET-ASIDE

Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

POINT OF CONTACT*

Contracting Officer: Anne Hicks anne.hicks@va.gov

Contract Specialist: Jennifer Mack jennifer.mack1@va.gov

PLACE OF PERFORMANCE

810 Vermont Ave NW

Suite 1175

Washington, DC

DESCRIPTION

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: 36C10X22Q0269, issued as a Request for Quotes (RFQ)

Posted Date: 09/01/2022 Original Response Date: 09/13/2022 Current Response Date: 10:00 a.m. EST 09/20/2022 Product or Service Code: 7610 Pamphlets/Books Set Aside: N/A/Full and Open NAICS Code: 511120

Contracting Office Address US Department of Veterans Affairs 810 Vermont Ave, NW, Suite 1175 Washington, DC 20420

Questions and Answers Question 1. Whether companies from Outside USA can apply for this?

(like, from India or Canada) – Answer 1. Per FAR Part 25, Companies outside of the US may submit proposals for evaluation provided they are not prohibited countries.

Question 2. Whether we need to come over there for meetings?

Answer 2. No, in accordance with the Performance Statement of Work travel is not applicable to this requirement.

Question 3. Can we perform the tasks (related to RFP) outside USA?

(like, from India or Canada) Answer 3. If customer service and support are available 24/7 this is not an issue and may be subject to ISSO approval.

Question 4. Can we submit the proposals via email?

Answer 4. Yes, proposals will be accepted by email as instructed in the Instructions to Offerors in the RFQ.

Question 5. Could be pushed to Friday, September 16th.

Answer 5. The closing date has been extended until 10:00 a.m. EST, September 20, 2022.

Question 6. In the limitations Column could you define what "one per reference" means? Does that mean one page per reference?

Answer 6. The language is being removed from this Column.

Question 7. Can we lengthen the technical response and shorten the past performance section? We would appreciate it if you could allow us a minimum of 25 pages for the technical response and 5 pages for the past performance, not including the 3 resume pages.

To ensure that vendors can present a complete and compliant Technical Capability that addresses all requirements, we respectfully request that the Volume I page limit increases from 6 pages to 35 pages.

Answer 7. Yes, the technical response has been revised and the Volume 1 Page limit increased to 75 pages.

Question 8. Do title pages, cover letters, and tables of content count against the page limits of each volume?

Answer 8. No, title pages, cover letters, and tables of contents are not identified in the RFQ as part of the page limits of each volume.

Question 9. Contract Line Items Price Schedule (Pages 4-10). Page 4 of the solicitation states that “all interested companies shall provide quotations for the following contract line items.” And to be considered responsive, “contractors shall quote and be able to provide all lines items.” The CLIN Schedule includes columns for both Price Per User and Total Price. Not every offeror provides pricing in the same way. For example, this offeror does not provide Per User pricing. Rather, we provide a monthly guaranteed price for the number of users needed by OGC. It is in providing this flat-rate fee for all users that we can achieve the most advantageous price for our customers. With this understanding that not all offerors price their services in the same fashion, will OGC allow offerors to fully fill out the CLIN Schedule possible, consistent with its standard pricing models, without being deemed non-responsive?

Answer 9. Yes, OGC will allow offerors to use a monthly guaranteed price for the number of users needed and will allow offerors to fill out the CLIN Schedule to the fullest extent possible, consistent with their standard pricing models, without being deemed non-responsive.

Question 10. Section 2.0 – Objectives (Page 10). In Section 2.0, it states OGC has up to but not limited to 1,200 or more users. However, in the contract line items price schedule starting on

Page 3 of the solicitation, CLIN 0001 indicates a need for 900 users. Each Option Year also indicates an increased user count across CLINs (e.g., CLIN 1001 has 1,041 users, CLIN 2001 has 1,145, etc.). Can OGC clarify the number of users requiring access to the proposed legal research subscriptions (CLINs 0001-4001)?

Answer 10. The total number of potential users is 1200, however because this is a multiple award agreement a successful offeror may receive an order for fewer than 1200.

Question 11. Does the increase in users for comparable CLINs (e.g., X001, X002, X003, etc.) reflect the anticipated increase in the number of users each option year?

Answer 11. This is the estimated number per year. However, because this is a multiple award agreement a successful offeror may receive an order for fewer than the total number of users included in the CLINS.

Question 12. Section 2.0 Objectives (Page 10). Section 2.0 states that the purpose of the acquisition is to “establish a Decentralized Multiple Award Basic Purchasing Agreements for Legal Research Subscriptions…” It also states that the BPAs “shall also meet requirements for smaller specialized subscription accounts with access to specific research database repositories and tools…”

If the OGC chooses to award a BPA to more than one offeror, is it a correct understanding that only one offeror will be awarded per CLIN. For example, one offeror will be awarded the Primary Legal CLIN (CLIN X001), but the same or other offerors may be awarded the smaller specialized packages (CLINs X002, X003, X004, X005, X006, X007). In other words, there will not be more than one offeror awarded the same package. Can OGC please clarify?

Answer 12. No, successful offerors will be awarded all CLINs. Each offeror must be able to provide all clin service however each user may not require all CLINs.

Question 13. Does OGC expect that the individual task orders will be for the estimated number of users listed in the solicitation? For example, the task order for CLIN 0001 will be close to 900 users? Or is it feasible that an offeror may receive a task order for a much smaller subset of users (e.g., 10 users)? The reason that this is important to understand is that an offeror may provide larger discounts for a greater volume of users. If there is no guaranteed quantity of purchase, then there is no incentive for offerors to provide volume discounts. Please clarify.

Answer 13. Because this is a multiple award agreement a successful offeror may receive an order for fewer than the total number estimated in the solicitation.

Question 14. If OGC awards multiple BPAs, is it a correct understanding that each offeror may receive a Task Order or P-Card for the CLINs awarded to them each contract year? If this is not a correct understanding, can OGC please clarify?

Answer 14. Yes

Question 15. Section 3.2 Docket (Page 12). Docket research and tracking can sometimes be expensive due to the royalties charged for this type of data. To help ensure that offerors provide OGC with their most competitive price offer, can OGC please provide additional information about the docket research and tracking usage under OGC’s current contract, including the following:

a. What is OGC’s standard use case regarding dockets access? Can OGC please provide usage information of the dockets court access? If the OGC requires the tracking of dockets:

b. Can OGC please provide usage information with respect to tracking of dockets (e.g., rough number and common courts)?

c. Does OGC anticipate that future use of tracking dockets will be in line with current usage? Or is an increase in usage anticipated?

d. Can OGC please indicate what percentage of the cases involved daily tracks, weekly tracks, and monthly tracks?

e. Can OGC please identify if there are any specific state courts of interest for docket tracks?

f. If the OGC requires access to the underlying docket filings in PDF: Can OGC please provide information regarding PDF usage (e.g., rough number, common courts)?

g. Can OGC please identify if there are any specific state courts of interest for PDFs?

h. Does OGC anticipate that future use of PDFs will be in line with current usage? Or is an increase in usage anticipated? Section 3.5 – Federal Contract Law Resources (Page 12). On page 12, Federal Contract Law Resources mentions the need for “training resources.” Can OGC clarify what training resources it requires (e.g., practice guides, continuing legal education)?

Answer 15. For All docket related questions – OGC’s legal practice spans all states and U.S, territories. OGC does not have data regarding potential usages nor knowledge of whether usage may increase after award. Offerors will not be deemed non-responsive for incomplete State or Territory coverage so long as coverage is generally comprehensive (all Federal and majority of states and territories), however such gaps in coverage may impact on selection or size of order.

Question 16. Section 3.5 – Federal Contract Law Resource Page (Page 12) On page 12 Federal Contract Law Resources mentions the need for “training resources.” Can OGC clarify what training resources it requires (e.g., practice guides, continuing legal educations)?

Answer 16.

The training resources for Contract Law Resources do not have to include CLE, however CLE would be a way to meet this requirement. Practice guides could also meet this requirement if they provide instructive value, as could on-demand recorded training or live training events (which do not necessarily have to provide CLE credit).

Question 17.

Public Records/Background Checks (Page 12). On Page 12 of the solicitation, “Public Records/Background Checks” is included, but is not part of the Performance Work Statement outline. Can OGC clarify if this should be item 3.3, and thus the following items (Legal news, Federal Contract Law Resources, etc.) should be re-numbered as well?

Answer 17. Public Records/Background Checks is not a part of the PWS and will be removed. The solicitation will be re-numbered.

Question 18. Instructions to Offerors, Section 2c – Content Requirements (Page 18). The solicitation provides a page limit of 6 pages for Volume I. The solicitation also indicates that “Contractors will be evaluated on the ability to provide a technical capability for each Contract Line item listed. Documents submitted will be used to determine technical acceptability.” Given the level of detail required by the solicitation (6-page Performance Work Statement) and the need for offerors to provide OGC with sufficient detail, we respectfully request an increase in the number of pages allowed for proposals. Would OGC please consider extending the page limit to 75 pages?

Answer 18. Yes, please see the answer to question 7. It states, the technical response has been revised and the Volume 1 Page limit increased to 75 pages.

Question 19. Instructions to Offerors, Section 2c – Content Requirements (Page 18). In the Instructions to Offerors, it states that Volume II of offeror’s responses should be for past performance. However, in the chart provided, it states references should go in Volume I –

Technical (“1 per reference”). Can OGC clarify where they want references located in responses?

Answer 19. References may be provided with Past Performance information.

Question 20. Instructions to Offerors, Section 2c – Content Requirements (Page 18). On page 18 in the chart provided, Volume II mentions résumés are limited to 3 pages. However, there is no other mention of résumés anywhere else in the solicitation. Can OGC clarify if résumés are required as part of an offeror’s response?

a. If résumés are required, is it sufficient to provide résumés for key support personnel only?

b. If résumés are required, in which volume should they be placed?

c. If résumés are required, will they count against any applicable page limits?

Answer 21. For question 20 with a, b, and c, included, OGC is waiving the resume requirement. Resumes are no longer required and will not be evaluated.

The Resume language is removed.

Question 22. Instructions to Offerors, Section 3a – Volume I: Technical (Page 18). To assist OGC in the evaluation of proposals, we would recommend OGC allow offerors to provide a demonstration. Demonstrations will allow offerors the opportunity to present the products/services they are offering in response to the solicitation and would also give members of the evaluation committee an opportunity to ask questions about the offeror’s proposal. Will OGC allow offerors the opportunity to provide a demonstration of their proposed solution?

Answer 22. The offerors may be allowed to provide a Demonstration. After the review and evaluation of all proposals the Government reserves the right to conduct Demonstrations to those offerors who the Government finds are technically acceptable.

Question 23. Basis for BPA Establishment (page 20). In the Basis for BPA Establishment, the solicitation indicates OGC intends to establish a minimum of two BPAs. However, on the following page it states “the award shall be made to the quoter, whose quotation, is determined to represent the best value” to OGC.

Answer 23. This language is amended to read. “The award shall be made to the quoter(s) whose quotations are determined to represent the best value to the Government

Question 24. Under what circumstances would OGC make a multiple award. Or is it the intent of OGC to make a single award to a single provider?

Answer 24. If there are two or more successful offerors a multiple award will be made. The intent is not to make a single award.

Question 25. Contracting – Can OGC clarify if it intends to contract under GSA, FEDLINK, or Open Market?

Answer 25. The Award will be made through open market procedures

Question 26. Deadline Extension Request. To ensure that offerors have an adequate opportunity to review the answers to questions and prepare their most cost-effective quote to meet the needs of OGC, this offeror respectfully requests that OGC extend the deadline for submitting bids to 5 business days after written answers to all submitted questions have been provided to offerors. Will OGC consider extending the submission deadline?

Answer 26. Yes, the RFQ is extended until 10:00 a.m. EST September 20, 2022.

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; “quotations” are being requested, and a written solicitation document will not be issued.

This solicitation is a "request for quotations (RFQ)." The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07. The associated North American Industrial Classification System (NAICS) code for this procurement is 511120, with a small business size standard of 1000 employees. The Office of General Counsel, 810 Vermont Ave, NW, Suite 1175 Washington DC 20420, is seeking to purchase multiple online law subscriptions. All responsible sources may submit a response which, if timely received, must be considered by the agency.

All interested companies shall provide quotation(s) for the following contract line items.

Period of Performance:

November 1, 2022-October 31, 2023

CLIN 0001

CLIN 0002

CLIN 0003

CLIN 0004

CLIN 0005

CLIN 0006

CLIN 0007

Period of Performance:

November 1, 2023-October 31, 2024

CLIN 1001

CLIN 1002

CLIN 1003

CLIN 1004

CLIN 1005

CLIN 1006

CLIN 1007

Period of Performance:

November 1, 2024-October 31, 2025

CLIN 2001

CLIN 2002

CLIN 2003

CLIN 2004

CLIN 2005

CLIN 2006

CLIN 2007

Period of Performance:

November 1, 2025-October 31, 2026

CLIN 3001

CLIN 3002

CLIN 3003

CLIN 3004

CLIN 3005

CLIN 3006

CLIN 3007

Period of Performance:

November 1, 2026-October 31, 2027

CLIN 4001

CLIN 4002

CLIN 4003

CLIN 4004

CLIN 4005

CLIN 4006

CLIN 4007

Performance Work Statement (PWS)

PERFORMANCE WORK STATEMENT

LEGAL RESEARCH SUBSCRIPTION SERVICES (LRS)

1.0 BACKGROUND

The Office of General Counsel (OGC) provides legal advice and services to the Secretary of Veterans Affairs (SECVA) and all organizational components of the Department. The General Counsel is, by statute 38 U.S.C. §311, the Department’s Chief Legal Officer. OGC serves as VA’s in-house counsel and is committed to ensuring that every member of OGC is focused on how OGC’s work impacts Veterans and has an understanding and commitment to the business priorities of our VA clients many of whom directly serve Veterans. OGC’s attorneys act as business partners, providing sound legal expertise, and as needed, critical problem-solving skills and risk management advice.

To carry out its mission, the legal professionals in OGC need reliable electronic access to online legal research resources. Additionally, other segments of VA also require legal research access to carry out their missions and mandates.

2.0 OBJECTIVES

The purpose of this acquisition is to establish a Decentralized Multiple Award Basic Purchasing Agreements for Legal Research Subscriptions for (LRS) for an estimated number of 1,200 or more users in OGC and various users in VA. While the expected future staffing for OGC is unknown based upon the implantation of the PACT ACT the users’ numbers are subject to change. The resultant decentralized Basic Purchasing Agreements (BPA’s) shall also meet requirements for smaller specialized subscription accounts with access to specific research database repositories and tools which may also be provided for designated users.

Ordering Procedures Individual orders against this BPA will be placed in accordance with FAR 13.3. All individual orders placed incorporate all terms and conditions of the BPA.

Authorized Ordering Officials: All warranted contracting officers and Government Purchase Card holders within the Department of Veterans Affairs are authorized to place orders against this BPA within the limits of their respective authority.

Competition Requirements: Task Orders with an estimated value that exceeds the Simplified Acquisition Threshold will be further competed based on price and any evaluation criteria identified in the RFQ. Task Orders not exceeding the SAT may also be competed.

Preferred Method of Payment: The preferred method of payment under this BPA is the Government Purchase Card, when applicable.

3.0 DESCRIPTION OF SERVICES

All services provided shall be inclusive into each individual subscription, accessible with one login for all items.

PRIMARY LEGAL RESEARCH:

VA requires unlimited access to the following legal content for VA users:

3.1.1 Federal, State and Territory Case Law, Court Rules, Statutes, Regulations, and Administrative Agency Materials

3.1.2 Law Reviews and Journals, Treatises, Analytical Content.

3.1.3 Citation format, and resources to assist in correct citation format.

3.1.4 Utilization and ease of identifying related cases.

3.1.5 Legislative research and history tools.

3.1.6 Federal and State bill and regulation tracking, committee reports and hearing transcripts.

3.1.7 Briefs for State and Federal Courts Briefs for State and Federal Courts

3.1.8 Jury verdict research and analysis tool

3.2 DOCKET:

3.2.1 Full searchable federal and state court dockets for all case types including complaints, briefs, motions, and orders.

3.2.2 Coverage including closed cases at least 15 years old.

3.2.3 Includes ability to set alerts.

3.3 LEGAL NEWS:

3.3.1 Access to news relating to the practice of law on specific legal topics.

3.4 FEDERAL CONTRACT LAW RESOURCES

3.4.1 Resources specific to contracting and procurement including training resources.

3.5 TABLE OF AUTHORITIES/DRAFTING ASSISTANCE TOOL

3.5.1 Tool which scans documents to create table of authorities with formatting suitable for federal filing

3.6 MEDICAL MALPRACTICE SPECIALTY

3.6.1 Resources specific to practice in healthcare and medical malpractice.

3.7 ACCESS AND USER INTERFACE

AVAILABILITY AND SUPPORT:

3.7.1 The offeror shall provide 24 hour 7 days per week online access and live customer support to VA users.

3.7.2 The offeror shall provide 24/7 telephone assistance for technical and legal research matters. The offeror shall also provide access to online training resources and to web-based training (scheduled in advance).

3.8 MENUS & STRUCTURE:

Databases not included in a user’s subscription shall not be visible to the user or the user must receive an indicator that the user is not entitled to that database. Inaccessible databases which a user does not receive an indicator or is made visible to a non-accessible user shall not be charged against the Government. Permissions for access must be received through the Contracting Officer Representative, (COR), or their authorized designee. The Vendor shall coordinate with the COR, or their authorized designees for usernames and passwords.

3.9 ACCESS METHOD:

Access shall be direct via web browser 24 hours 7 days. Provide access through the Internet using a web browser acceptable to VA (currently Microsoft Edge and Chrome are acceptable) and single sign-on to all the Vendor’s databases that are accessible online. With single sign-on the user authenticates to the Vendor’s web-based system only and has direct access to the application. The Vendor shall identify the single sign-on protocols that they support in their proposal.

3.10 MAINTAINING RELIABLE ACCESS:

3.10.1 In the event of any access issues due to security or safety of the product website the Vendor shall work with VA’s Office of Information Technology to remedy the issue. If Vendor’s website cannot meet VA’s requirement for safety and security that will be cause for termination for default.

3.11.2 Any issues preventing access to Vendor’s resource for more than 8 hours will constitute adequate basis for termination for default, even after the issue is corrected.

3.11.3 Scheduled website maintenance notification shall be provided to the Government at least seven days in advance. Maintenance shall not be scheduled between 6:00am and 8:00pm Monday through Friday (Eastern Time) excluding Federal Government holidays.

3.11 SEARCH AND RETRIEVAL CAPABILITY:

The product shall provide full text search and retrieval functionality that is appropriate for accessing court decisions, statutes, regulations, and other types of documents. The system shall provide the following minimum set of database search facilities:

3.11.1 The search function should be able to operate both in natural language and in controlled (Boolean) language. Boolean search operators equivalent to AND, OR, and AND_NOT.

3.11.2 Proximity search operators that express the nearness of two search terms.

3.11.3 Both infix (e.g., m*n is equivalent to man OR men) and postfix (e.g., litiga*** is equivalent to litigant or litigate) wildcard characters in search terms.

3.11.4 The ability to restrict a search to a specified document segment/field (e.g., court, judge, opinion date, case name, or opinion in a database of court opinion documents).

3.11.5 The ability to recall to the screen the previous search expression entered by the user, modify the expression, and execute the modified search expression, or base a search on the result of a prior search.

3.11.6 The ability to create alerts for new search responsive content for searches.

3.12 CITATORS:

The system shall provide at least two different citator formats – a case history and a general citator. At a minimum, the citatory will apply to all court decision databases. Both the case history citator and the general citator functions as described below shall be provided for all Federal court opinion databases.

3.12.1 A case history citator shall provide case history, through the various appellate levels, on a case-by-case basis. The case history citator shall be updated daily so the most recent appellate action for each active case is available.

3.12.2 A general citator shall provide a more in-depth treatment of each case/opinion than the case history citator. The general citator shall include a comprehensive list of references to each case/decision in other court opinions, law reviews, and other applicable publications. For referencing documents that are presented in a volume/page format (e.g., 315 U.S. 649), the page number on which the primary reference occurs must be presented (e.g., 315 U.S. 649 at page 656 or 315 U.S. 656).

3.12.3 For both citators, the system shall allow the user to request a citator/case history display for a single displayed court decision or to enter the citation of the desired decision. When a citator/case history is displayed, the system shall be capable of presenting the full text of a referencing document included on the display, if that document is available in a database provided by the Vendor.

3.12.4 The product will provide both citators for all non-Federal court opinion databases for which it currently provided citators to other Federal agencies. These databases shall be listed as an Exhibit in their proposal and award.

3.12.5 These products shall allow a user to visually determine the standing of any U.S. court decision with a system of flags or signs that will alert the user of unfavorable treatment.

3.13 DOWNLOADING AND EMAIL:

The system shall provide the following capabilities and facilities:

3.13.1 The ability to download in PDF or editable document format, one or more selected documents to a shared drive or the user’s workstation.

3.13.2 Unlimited downloading of retrieved documents at no additional charge, including all PDF formats and Microsoft Word.

3.13.3 The ability to e-mail the following to one or more users (subject to any limitations of the user’s and recipient’s e-mail systems): One or more selected documents, as a single operation; multiple lists of search results; links to selected documents; and citator results.

3.14 INITIAL PROVISIONING:

Vendor’s proposal will include a plan for provisioning all OGC users within 10 days of contract award.

3.15 ACCOUNT MANAGEMENT:

The Vendor shall provide OGC administrators, designated by the COR, with the capability to create and terminate user access online and to manage user access to resources.

For all delivery orders under the Simplified Acquisition Threshold the method of payment shall be the Government Purchase Card, unless otherwise authorized.

4.0 DELIVERABLES

4.1 ACCESS:

Access to the resource as described above will be provided by the vendor within 10 days of award of the agreement.

4.2 TRAINING:

Initial User training will be scheduled within 10 days of award. All training will be scheduled with OGC post award.

4.3 REPORTS:

4.3.1 The Vendor shall provide monthly reports of use of the resources provided under this contract these reports shall include user’s names and Office/organization within OGC/VA.

4.3.2 The Vendor shall report all instances of downtime on the site to COR identified on each order, with report showing the number of occurrences the resource is unavailable to users. The report should also describe the databases affected and the length of downtime.

5.0 TRAVEL. Not applicable.

6.0 SPECIAL MATERIAL REQUIREMENTS. Not applicable.

7.0 OTHER UNIQUE REQUIREMENTS AND CONSIDERATIONS. Not applicable.

8.0 PLACE OF PERFORMANCE. Department of Veterans Affairs, OGC, 810 Vermont Avenue, NW, Washington, DC 20420.

9.0 PERIOD OF PERFORMANCE.

There is a five-year ordering period. The Government may reserve the right to include option periods. The Performance period is November 1, 2022, through November 1, 2027.

Base Year: November 1, 2022-October 31, 2023 Option One: November 1, 2023-October 31, 2024

The start date for the Base Period may need to be adjusted to reflect the actual contract award date.

10.0 CHANGES TO THE STATEMENT OF WORK (SOW)

Any changes to this SOW shall be authorized and approved only through written correspondence from the Contracting Officer (CO). A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the offeror though the actions of parties other than the CO shall be borne by the offeror.

11.0 GOVERNMENT RESPONSIBILITIES

The Government is not furnishing any government property to the vendor.

12.0 TERMINATION

VA has the right to terminate at any time (in whole or in part) this BPA in accordance with the termination clause(s) of the resultant award. The Offeror will be paid only for the services rendered up to the point of receiving the termination notice, and then only to the extent that services meet the requirements of the task order.

13.0 CONTRACT ADMINISTRATION

The following individuals will be the Government’s points of contact during the performance of this contract:

1. BPA Contracting Officer: Anne Hicks email: anne.hicks@va.gov

2. BPA Contract Specialist: Jennifer Mack email: jennifer.mack1@va.gov

3. BPA COR: Shannon Short email: shannon.shrt@va.gov

4. BPA Alternate COR: Sherrita Dobson email: sherrita.dobson@va.gov

The government will identify additional points of contact in task orders placed under this BPA.

Place of Delivery Address: 810 Vermont Ave, NW, Suite 1175 Washington, DC Postal Code: 20420 Country: United States

INSTRUCTIONS TO OFFERORS

1. INTRODUCTION

a. All Questions and Quotes shall be submitted to the Contracting Officer via email to Jennifer.Mack2@va.gov and Anne.Hicks@va.gov

b. All questions from contractors regarding this solicitation shall be submitted via email on or before date/time specified on September 7, 2022. Only written questions will be accepted. It is requested that all questions be combined into one Microsoft Word document per contractor.

2. QUOTE FILES

a. Format:

The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date, and solicitation number in the header and/or footer.

Quote page limitations are applicable to this procurement. The table below indicates the maximum page count (when applicable) for each volume of the contractor’s quote. All files will be submitted as a Microsoft Excel (.xls), Microsoft Word (.doc, .docx), or Acrobat (.pdf) file or compatible as indicated in the table. Page size shall be no greater than 8 ½ in. x 11 in. The top, bottom, left and right margins shall be a minimum of 1 in. each. Font size shall be no smaller than 12 points. Times New Roman fonts are required. Characters shall be set at no less than normal spacing and 100% scale. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape. Line spacing shall be set at no less than single space. Each paragraph shall be separated by at least one blank line. Page numbers, company logos, and headers and footers may be within the page margins ONLY and are not bound by the 12-point font requirement. Footnotes to text shall not be used. The use of hyperlinks in quotes is prohibited.

If the contractor submits annexes, documentation, attachments, or the like, not specifically required by this solicitation, such will count against the contractor’s page limitations unless otherwise indicated in the specific Volume instructions below. Pages in violation of these instructions, either by exceeding the margin, font, or spacing restrictions or by exceeding the total page limit for a particular volume, will not be evaluated. Pages not evaluated due to violation of the margin, font, or spacing restrictions will not count against the page limitations. The page count will be determined by counting the pages in the order they appear in the print layout view.

b. File Packaging:

All the quote files shall not be compressed (zipped). All quote files shall be submitted individually.

c. Content Requirements:

All information shall be confined to the appropriate file. The contractor shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Contractors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote. The titles and page limit requirements for each separate volume are shown in the table below:

3. VOLUME CONTENTS

Contractors shall submit volumes as indicated below.

The following factors will be used to determine technical acceptability:

a. Volume I: Technical

Contractors will be evaluated on the ability to provide a technical capability for each Contract Line item listed. Documents submitted will be used to determine technical acceptability. As a part of the evaluation, the contractor may be required to demonstrate the technical capabilities of the services offered.

b. Volume II: Past Performance

Contractors shall submit a list of 3 contracts (prime contracts, task/delivery orders, and/or major subcontracts) in performance during the past 3 years from the date of issuance of the quote request which are relevant to the efforts required by the blanket purchase agreement. Areas of relevance include all objectives addressed in the PWS. The Government will make the determination of relevance (based on size, scope, and complexity of requirement). The contractor shall provide:

c. VOLUME III: Price

The contractor shall complete and return pricing in accordance with the contract line-item description above. To be considered responsive to this requirement, contractors shall quote and be able to provide all line items.

FACTORS TO BE EVALUATED

A comparative analysis approach will be used to select the contractors to whom the BPAs will be awarded. The Contracting Officer will select the awardees based upon the following evaluation factors:

Non-Price Factors (listed in descending order of importance):

A) Technical B) Past Performance C) Price

Non-Price factors combined are significantly more important than Price.

The following factors will be used to determine technical acceptability:

Factor #1-Technical acceptability of the Item Offered

Contractors will be evaluated on the ability to provide a technical capability for each Contract Line item listed. Documents submitted will be used to determine technical acceptability. As a part of the evaluation, the contractor may be required to demonstrate the technical capabilities of the services offered. All services provided shall be inclusive into each individual subscription, accessible with one login for all items. The government will consider an offer to be non-responsive if the offeror cannot provide a subscription solution that incorporates all line items listed.

Factor #2 – Past Performance

Contractors shall submit a list of 3 contracts (prime contracts, task/delivery orders, and/or major subcontracts) in performance during the past 3 years from the date of issuance of the quote request which is relevant to the efforts required by the task order. Areas of relevance include all objectives addressed in the PWS. The Government will make the determination of relevance (based on size, scope, and complexity of requirement).

The Government is not required to contact all references provided by the contractor. The Government may consider past performance information obtained through other sources that are reasonably available and determined to be relevant.

Factor #3 – Price An evaluative comparison of quoted prices will be conducted.

BASIS FOR BPA ESTABLISHMENT

These BPAs are being competed in accordance with FAR Part 13. The Government intends to establish a minimum of two BPAs because of this solicitation. The actual number of BPAs that will be established will be at the sole discretion of VA.

The VA will establish BPAs with the contractors whose quotes reflect the best value to the Government. In reaching its award selection decision, the VA will conduct a trade-off analysis between Price and non-Price factors (Technical, Past Performance and Price Considerations). Non-Price factors combined are significantly more important than Price. Award may be made to other than the lowest priced contractor(s), if the Government determines that a price premium is warranted due to the merits of one or more of the non-Price factors.

Contents of the written quotes will be evaluated to determine the degree and extent to which the requirements set forth below are satisfied. Each evaluation criterion is critical to the effective accomplishment of the task orders. Therefore, failure to fully meet any material requirement listed below may render a quotation ineligible for BPA establishment.

The award shall be made to the quoter(s), whose quotation, is determined to represent the best value to the government using comparative analysis. The government will evaluate information based on the following evaluation criteria: (1) technical capability factor meeting or exceeding the requirement listed in Attachment 1, (2) past performance, and (3) price. The government will evaluate information based on the following evaluation criteria:

INITIAL TASK ORDER AWARD

The Government intends to award the initial task with concurrent with BPA establishment.

The Government intends that each BPA holder will receive an initial task order. Contractors are cautioned that if the Government cannot determine an anticipated BPA holder (based on the BPA evaluation) to be the best value awardee under the initial task order (based on the task order evaluation), the Government will not establish a BPA with that contractor.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Items” (OCT 2015). See evaluation criteria established above.

2. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” (APR 2016)

3. FAR 52.212-4 “Contract Terms and Conditions – Commercial Items”

Offerors must complete annual representations and certifications online at https://www.sam.gov/portal/SAM/#1, in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

CLAUSES INCORPORATED BY REFERENCE:

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause— Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a federal agency.

Subcontract means any contract as defined in subpart 2.1 entered by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause…