36C25625Q0262_RFQ.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* RFQ: Commvault Cloud Hyperscale X Reference Architecture Software 3- Year Subscription.

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 77056-5643

SOLICITATION NUMBER* 36C25625Q0262

RESPONSE DATE/TIME/ZONE 12-18-2024 3:00pm CENTRAL TIME, CHICAGO, USA

ARCHIVE 7 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSBC

PRODUCT SERVICE CODE* DA10

NAICS CODE* 541511

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

POINT OF CONTACT*

Contracting Specialist Quentin Chew Quentin.Chew@va.gov 713-791-1414

PLACE OF PERFORMANCE

ADDRESS Department of Veterans Affairs Michael E. DeBakey VA Medical Center

MEDVAMC

2002 Holcombe Blvd.

Houston Texas

POSTAL CODE 77030-4211

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov URL DESCRIPTION Department of Veterans Affairs AGENCY CONTACT’S EMAIL ADDRESS Quentin.Chew@va.gov EMAIL DESCRIPTION 36C25625Q0262 RFQ Response.

mailto:Quentin.Chew@va.gov https://www.va.gov/ mailto:Quentin.Chew@va.gov

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,” in conjunction with FAR Part 13.5 for Certain

Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a quote is being requested, and a written solicitation document will not be issued.

This solicitation is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular

FAC 2025-01 (eff.11/12/2024), VAAM Alert 24-10 (eff. 04/09/2024), Acquisition Policy Flash 24-

08 (eff. 05/22/2024).

Contractor is required to be actively registered in the System for Award Management (SAM) and certified with the Small Business administrative (SBA) Veteran Small Business Certification

(VetCert) as a Service-Disable Veteran-Owned Small Business (SDVOSB). Vendor quote may be considered non-compliant and rejected if the Contracting Officer is unable to verify registration and certification status.

The Michael E. DeBakey VA Medical Center (MEDVAMC) 2002 Holcombe Blvd, Houston, Texas 77030 is seeking to purchase Commvault Cloud Hyperscale X Reference Architecture for a 3-year subscription. This solicitation is a SDVOSB set-aside and is open to all concerns. The government expects this announcement to result in a Firm-Fixed Price Single-Award contract.

See attached RFQ…

36C25625Q0262

Table of Contents

SECTION B - CONTINUATION CONTRACT OPPORTUNITIES COMBINED SYNOPSIS

SOLICITATION

B.1CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.4 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 12

C.7 VAAR 852.249-70 TERMINATION FOR DEFAULT—SUPPLEMENT FOR

MORTUARY SERVICES (MAY 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 STATEMENT OF WORK (SOW)

D.2 WAGE DETERMINATIONS No.: 2015-5233 REV. 28 (JUL2024)

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

SECTION B - CONTINUATION CONTRACT OPPORTUNITIES

COMBINED SYNOPSIS SOLICITATION

B.1CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Company Name:

ATTN/POC Name:

Address:

Phone:

Email:

UEI:

GSA/FSS, NAC, SEWP Contract# (if applicable):

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

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

a. 52.232-33 Payment by Electronic Funds Transfer - System for Award

Management through TUNGSTEN

3. INVOICES: Invoices shall be submitted in arrears:

a. Other: Upon receipt and acceptance by the Government

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.

5. Offeror shall complete the following located in Sections B thru E of this solicitation to be deemed eligible:

a. Section B- CONTRACT ADMINISTRATION DATA, CONTRACTOR contact information.

b. Section B- PRICE/COST SCHEDULE, unit price, amount, and grand total

c. Section C- 852.219-75

d. Section E- 52.204-24

e. Section E- 52.212-3 (if not current in SAM.gov)

f. Submission of manufacturer’s authorized distributor letter, cut-sheets, and specifications.

6. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

(End of Contract Administration Data)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

DESCRIPTION

OF SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3.00 YR __________________ __________________

Commvault Cloud Hyperscale X Reference Architecture

Software 12-Drive Node, per node // CV-HSRA-12-1N-31-- 3 year subscription Contract Period: Base POP Begin: 01-01-2025 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

LOCAL STOCK NUMBER: CV-HSRA-12-1N-31

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: IAW SOW

3.00 1/1/2025 - 12/31/2027

FOB: DESTINATION

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

MAY 2024

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.247-34 F.O.B. DESTINATION NOV 1991

(End of Clause)

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR

802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled

Veteran with permanent and severe disability, the spouse or permanent caregiver of such

Veteran;

(iii) The business meets Federal small business size standards for the applicable North

American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business

Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15

U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an

SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR

128.

https://veterans.certify.sba.gov/

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the

SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified

SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the

SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13

CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or

852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR

125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified

SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified

SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13

CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[x] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans

First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

C.4 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in

852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–

74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________

Printed Title of Signee: _____________

Signature: ____________

Date: ______________

Company Name and Address: _______________

(End of Clause)

C.5 VAAR 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 means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(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, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

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

(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 at the current website address provided in the contract.

(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).

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), 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)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.7 VAAR 852.249-70 TERMINATION FOR DEFAULT—SUPPLEMENT FOR

MORTUARY SERVICES (MAY 2020)

The FAR clause entitled Default (Fixed-Price Supply and Service), at 52.249–8, is supplemented as follows:

The Contracting Officer may terminate this contract for default by written notice without the ten-day notice required by paragraph (a)(2) of the Default clause if—

(a) The Contractor, through circumstances reasonably within its control or that of its employees, performs any act under or in connection with this contract, or fails in the performance of any service under this contract and the act or failures may reasonably be considered to reflect discredit upon the Department of Veteran Affairs in fulfilling its responsibility for proper care of remains;

(b) The Contractor, or its employees, solicits relatives or friends of the deceased to purchase supplies or services not under this contract. (The Contractor may furnish supplies or arrange for services not under this contract, only if representatives of the deceased voluntarily request, select, and pay for them.);

(c) The services or any part of the services are performed by anyone other than the Contractor or the Contractor’s employees without the written authorization of the Contracting Officer;

(d) The Contractor refuses to perform the services required for any particular remains; or

(e) The Contractor mentions or otherwise uses this contract in its advertising in any way.

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

D.1 STATEMENT OF WORK (SOW)

Statement of Work

GENERAL INFORMATION

The Department of Veterans Affairs (VA) Michael E. DeBakey VA Medical Center

(MEDVAMC) located at 2002 Holcombe Blvd., Houston, TX 77030 is requesting delivery of

Commvault Cloud Hyperscale X Reference Software and licenses 12-drive node, per node (at the

MEDVAMC main hospital shall be compatible with current hardware. This is for a Firm Fixed

Price Contract.

DESCRIPTION OF WORK:

The Contractor shall furnish all software and licenses for Commvault Hyperscale X that will be in use at the MEDVAMC as defined herein the Statement of Work (SOW). The Commvault

Hyperscale X license must be compatible with current Commvault hardware.

(Cisco HSX C240 M5 (3) each.)

The Contractor shall not be considered government employees for any purpose under the contract. These products are required for Commvault Hyperscale X backup storage to work as intended and must meet stringent quality control and compliance standards.

The Contractor shall provide access, licensure, upgrades, support and maintenance for the

Commvault Hyperscale X including updates and telephone support from 6:00a.m. – 4:00p.m.

Central Standard Time, weekdays, no holidays, for the purpose of maintaining and accessing existing software resulting in fully functional and operationally capable as intended by the manufacturer.

EQUIPMENT SCHEDULE:

The Contractor accepts responsibility for equipment in "as is" condition. Failure to inspect the systems prior to contract award will not relieve the Contractor from performance of the requirements of this contract. Following the completion of any service performed by the contractor, the contractor shall show to the Contracting Officer’s Representative (COR)/VA

Point of Contact (POC) that the required system components are in place and fully functional prior to COR acceptance explained in the Reporting Requirements Section.

COMPETENCY OF CONTRACTOR PERSONNEL SERVICING EQUIPMENT

A. The Contractor shall have an established business, with an office and full-time Contractor personnel. The Contractor personnel includes a "fully qualified" FSE and a "fully qualified" FSE who will serve as the backup.

B. "Fully Qualified" is based upon training and on experience in the field. For training, the

FSE(s) has successfully completed a formalized training program, for the equipment and is OEM

Certified. For field experience, the FSE(s) has a minimum of two years of experience (except for equipment newly on the market) with respect to scheduled and unscheduled preventive and remedial maintenance, on the covered equipment listed in the “Equipment Identification”

Section.

C. The FSEs shall be authorized by the OEM to perform the maintenance services. All work shall be performed by "Fully Qualified", OEM Certified competent FSEs. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model the Contractor services at the VAMC prior to award.

The VA POC may authenticate the training requirements, request locations, training certificates or credentials, and technician location from the Contractor at any time for any Contractor personnel who are servicing or installing any equipment. The CO and/or VA POC specifically reserve the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment if evidence is not provided when requested.

D. If subcontractor(s) are used, they must be approved by the COR; the Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

CONTRACTOR QUALIFICATIONS:

The Contractor shall an approved vendor by the Original Equipment Manufacturer (OEM) as an authorized distributor.

the Contractor shall submit with technical quote an authorized distributor letter by the OEM on OEM letterhead. Failure to submit an authorized distributor letter by the OEM with technical quote by close of the solicitation due date shall result in Contractor’s technical quote as technically unacceptable.

CONTRACTOR REQUIREMENTS:

• The Contractor shall provide all products listed in Equipment Schedule without substitutions

(unless pre-approved by the VA POC).

• The Contractor shall provide software updates remotely, as they become available, or shipped on

Compact Disc (CD) to the VA POC and requested service. Any updates to the SKUs for software purposes shall be made available to the VA POC within 30 days of release by the manufacturer.

• The Contractor shall provide COMMVAULT HYPERSCALE X support to MEDVAMC and

CBOCs immediately following software installation and in accordance with this Statement of

Work (SOW).

• The Contractor shall provide 24-hour telephone support.

• Delivery Schedule: The Contractor shall send the first COMMVAULT HYPERSCALE X software update within one week of receipt of effective date of award and commence telephone support immediately, coordinating with the VA POC.

• Communication Services: The Contractor shall provide a call center to be maintained for government assistance Monday – Friday 8:00 a.m. – 4:30p.m. Central Standard Time, not including government observed holidays. The Contractor shall provide telephone support service to VA POC and respond to VA POC within one hour of a call placed by VA POC to the

Contractor.

• Software upgrades shall be provided at no additional charge.

• Contractor shall provide mandatory safety and performance-related updates to covered equipment and software.

• The system software problem identification and enhancements with an amount not to exceed 9 days. This shall be conducted via teleconferences as no travel shall be included.

• The Contractor shall maintain a Return Material Authorization (RMA) Contact.

• Copyrighted Materials: The Contractor shall not engage in any unauthorized duplication of copyrighted materials by photocopying or any other means that would expose the government to liability for penalties under existing or future copyright laws.

• Any charges for parts, services, labor, travel, manuals, tools, installation, firmware or software required to successfully complete unscheduled maintenance are included within this contract unless specifically stated in writing otherwise and approved by the VA POC.

HOURS OF COVERAGE: All work shall be conducted Monday through Friday between 6:00a.m. and

4:00p.m., Central Standard Time excluding Federal holidays and unless other times are arranged in advance and approved in writing by the delegated VA POC. If the designated VA POC is not present, the Contractor shall contact the alternate VA POC. The government also observes Executive Orders, President’s Proclamation, and days designated by Federal Statute.

The government hereby provides notice, and the Contractor hereby acknowledges receipt that government personnel observe the listed days as holidays:

New Year’ Day January 01

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth Day Third Monday in June

Independence Day July 04

Labor Day First Monday in September

Columbus Day Second Monday in October

Veteran’s Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

The following laws, regulations, policies, and procedures, including all subsequent changes or updates apply:

FAR Federal Acquisition Regulation

VAAR Veterans Administration Acquisition Regulation

Standards All applicable Federal, State, Local and Industry: Laws, Policies and Standards as applicable to the proper performance afore and hereafter described.

GRAY MARKET PREVENTION:

GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original

Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.

(b) Vendor shall be an OEM, authorized vendor, authorized distributor, or authorized reseller authorized for the purchase of proposed equipment/system, evidence of proof verified by an authorization letter on

OEM letterhead or other document of valid purchase to obtain supplies and proof of access to software/updates from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discover of such items.

DEFINITIONS/ACRONYMS

A. Biomedical Engineer(ing) - Supervisor or designee.

B. CO - Contracting Officer

C. COR - Contracting Officer's Representative

D. FSE - Field Service Engineer. A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the VAMC premises.

E. ESR - Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

F. Acceptance Signature - VA employee who is authorized to sign-off on the ESR which indicates that the PM has been concluded or is still pending completion, or that the Emergency

Repair has been accomplished or is still in a pending status.

G. Authorization Signature - COR's signature; indicates COR accepts work status as stated in

ESR.

H. NFPA - National Fire Protection Association.

I. CDRH - Center for Devices and Radiological Health.

J. MEDVAMC – Michael E. DeBakey Veterans Affairs Medical Center

K. VAH - Department of Veterans Affairs Hospital

L. OEM - Original Equipment Manufacture

M. COMMVAULT BACKUP STORAGE SERVER- Graphics processing unit

The Joint Commission

Business Day: A business day includes the entire 24-hour period ending at midnight, and a notice required by the regulation is effective even if given outside normal business hours.

SAFETY: Safety precautions shall include, but are not limited to the following requirements:

a) OSHA (Occupational Safety and Health Act)

b) Applicable State and Local Safety Operation Procedures

c) VA Safety Practices and Policies, VAMC standard operating procedures, and any other

Federal, State, and Local regulations pertaining to the supplies listed for this contract.

d) JCAHO (The Joint Commission, formerly, Joint Commission Accreditation of Healthcare

Organizations)

INFORMATION SECURITY: The C&A requirements do not apply, and a Security Accreditation

Package is not required.

SHIPPING

The Contractor shall pay all shipping and handling fees for supplies shipping in both directions for warranty claims placed by phone or email that are covered by the warranty and support agreement.

The Contractor shall provide the VA point of contact (POC) with Alert/Notifications of any delays in shipment as well as any or all technical advisory/recalls prior to or simultaneously with filed alerts.

SERVICE MANUALS/TOOLS/EQUIPMENT

The MEDVAMC shall not provide travel, tools, (test) equipment, service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSE's all travel, operational and technical documentation (such as; operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract.

ONSITE REPORTING REQUIREMENTS

The Contractor shall be required to report to MEDVAMC Biomedical Engineering to log in. When the service is completed, the FSE shall document services rendered on a legible ESR(s). The FSE shall be required to log out with Biomedical Engineering and submit the ESR(s) to the VA POC.

ALL ESRs shall be submitted to the equipment user for an "acceptance signature" and to the VA

POC designee for an "authorization signature" unless otherwise stated by the VA POC. If the

COR VA POC within 5 days after the service day. A signed, authorized copy of the ESR will be returned to the Contractor after the work can be reviewed (if requested or noted on the ESR).

VA Biomedical Contact Persons: Christie Pascua

Location (Building/Room Number): 100-BA200AD

Telephone Number & Extension(s): 346-221-0785

SOFTWARE UPGRADES & UPDATES

Contractor shall include, at no extra charge, any engineering and software update necessary for continued optimum operation of the equipment listed in this contract.

The contractor shall provide all operational upgrades to the equipment hardware and operating system software that materially affects the performance of the equipment, without additional charge to the government. These enhancements to the contractor’s equipment shall be delivered to the government site and installed by the contractor within 60 days of their issuance or date of first commercial availability.

SAFETY REQUIREMENTS

In the performance of this contract, the Contractor shall take such safety precautions as the

Contracting Officer, or his/her designee, may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall have one supervisory employee, who will disseminate requirements to those who work at our facility. The Contracting Officer or his/her designee will notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his representative at the site of work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly with such notice, the contracting Officer may issue an order stopping all or any part of the work and hold the Contractor in default.

The MEDVAMC, CO, VA POC or any of its and/or their associates, personnel or descendants under any conditions or circumstances shall not be held responsible for any safety incident or any injury or any inconvenience experienced by the Contractor, their associates, or subcontractors while performing the services, labor, travel, software upgrades or maintenance included within this contract to the extent applicable by federal, local and state law with federal law taking precedence.

IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS

The Contractor's FSEs shall wear visible identification at all times while on the premises of the

VAMC. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VAMC shall not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

Smoking is prohibited on the VA medical center campus. Possession of weapons is prohibited.

Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

NOTE: - The Contractor must submit with technical proposal unique or unusual conditions to suit specific situation(s) should the above clause not be entirely applicable.

OTHER REQUIREMENTS

a) The Contractor shall require his employees to comply with all VA rules and regulations pertaining to the conduct of his employees while on station. Particular attention is drawn to the fact that the VAMC is a NO SMOKING Facility. Smoking is not permitted in any building and is only permitted in designated smoking shelters on the VA campus.

b) Contractor shall have use of station telephones to make business calls related to Medical

Center’s equipment. Misuse of this privilege will necessitate the need to require the contractor to use public telephones.

UNAUTHORIZED USE OF GOVERNMENT EQUIPMENT

(1). The Contractor shall not allow his/her employees, including Subcontractors’ employees, to open desk drawers, cabinets, or to use office equipment, including the use of non-pay telephones for any purpose other than a local emergency call.

(2). The Contractor shall be responsible to provide all necessary equipment, tools, parts, and materials to perform the work. The Government shall not be obligated to provide any equipment, tools, parts, and materials to assist the Contractor in performing the work.

PAYMENT

All invoices shall be submitted after delivery and activation of license, properly prepared in accordance with FAR 52.212-4, contain sufficient details, and match with the service tickets for the work rendered.

A. Invoices

Invoices shall be properly prepared and sent electronically to the VA Financial Services Center for payment processing via their electronic e-Invoice system. Invoices shall be sent in arrears at the beginning of the first month of each quarter following the quarter in which the services were rendered and billed for. At a minimum, all invoices shall include the following details:

Ø Contract No.

Ø Purchase Order No. Correct purchase order number which will be issued by the Contracting

Officer after the contract is awarded. Invoices without correct purchase order number shall be rejected and returned to the Contractor.

Ø Item(s) covered (to include serial #'s)

Ø Description of the services rendered

Ø Billing period in which the services were rendered

Ø Invoice number and date

Payments will be made in accordance with the prompt payment act out of the Government annual appropriated funds obligated in a purchase order which will be issued after the contract is awarded.

VA’s Electronic Invoice Presentment and Payment System – The Financial Service Center (FSC) uses a third-party contractor, Tungsten, Vendor Electronic Invoice Submission Methods.

Facsimile, e-mail, 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 electronic data transmission methods 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 go to this website: http://www.tungstennetwork.com/US/en/veterans-affairs/ 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). The X12 EDI Web site (http://www.x12.org ).

B. Invoices for Repair Services

Invoices for repair services shall be properly prepared, contain sufficient details, and include a copy of the repair tickets issued by the repairman who provided the repair services. Invoices for repair services shall be submitted in arrears.

The VA reserves the right to pay for repair services either by the Government purchase card administered, or by a separate purchase order at its own discretion. The contractor shall be able to participate and accept the Government purchase card.

If the Contractor fails or refuses to comply with the terms set forth by this contract, the

Contracting Officer may issue an order stopping all or any part of the work and hold the

Contractor in default. The VA reserves the right to prorate any amount due over a period for example, quarterly or bi-annually.

ADDITIONAL CHARGES

There will be no additional charge for time spent at the site (during, or after the normal hours of coverage) awaiting the arrival of additional FSE and/or delivery of parts.

In any case, the VA shall be explicitly notified in advance that additional charges will be incurred, prior to beginning such work. In such instances that the VA agrees the work is not within the scope of the contract, and the VA desires the Contractor to perform service, a separate purchase order will be issued to the Contractor for the work. Any service required which the Contractor believes to be in excess of the contract provisions and require additional payment (e.g., work beyond normal work hours) shall not be performed without prior authorization from the BIOMED COR, who will arrange a separate purchase order to pay for the additional service if desired by the VA.

The Government shall not be responsible for incidental charges including, but not limited to, parking, tolls, mileage, phone, etc., on straight time or overtime work.

GOVERNMENT PARTY TO EXECUTE AND MODIFY THE CONTRACT

After the contract has been in force for a period of time, it may be necessary to change and/or modify the operations to provide better service. Pursuant to FAR 52.212-4, changes in the terms and conditions of this contract may be made only by written agreement of the parties. Only the signature of the Contracting Officer can execute the modification.

(End of Statement of Work)

D.2 WAGE DETERMINATIONS No.: 2015-5233 REV. 28 (JUL2024)

REGISTER OF WAGE DETERMINATIONS | U.S. DEPARTMENT OF LABOR

UNDER THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS

ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-5233 Daniel W. Simms Division of | Revision No.: 28 Director Wage Determinations | Date Of Last Revision: 07/22/2024 Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |Executive Order 14026 generally applies to | |after January 30, 2022, or the |the contract. | |contract is renewed or extended (e.g., |The contractor must pay all covered workers| |an option is exercised) on or after |at least $17.20 per hour (or the applicable | |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2024. | |If the contract was awarded on or |Executive Order 13658 generally applies to | |between January 1, 2015 and January 29, |the contract. | |2022, and the contract is not renewed |The contractor must pay all covered workers| |or extended on or after January 30, |at least $12.90 per hour (or the applicable | |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2024. |

The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: Texas Area: Texas Counties of Austin, Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, Waller **Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 -…