OGC_RFQ_FINAL.pdf

NASA LEGAL DOCUMENT MANAGEMENT AND CASE

MANAGEMENT / DOCKETING SYSTEM

Request for Quote: 80NSSC19Q0650

June 11th, 2019

80NSSC19Q0032

Table of Contents

Section I: Requirements for Quoting 3 - 15 Section II: Terms and Conditions 25 - 78 Section III: List of Attachments 79

Section I:

Blanket Purchase Agreement (BPA)

NASA intends to award a single award BPA to the successful quoter as a result of this solicitation.

Pursuant to FAR Part 13.303-3(a), the resultant BPA will encompass the following terms:

(1) Description of agreement. NASA intends to procure a commercially available, enterprise-level Legal Document Management and Case Management system that has the ability to integrate with docketing rulesets such as third-party options and/or the US Patent and Trademark Office (USPTO) as a result of this solicitation. The contractor shall also provide conversion costs and professional technical consultant services for implementation as needed. Please see the Performance Work Statement (PWS) for full details.

(2) Extent of obligation. This requirement is to establish a single award BPA. NASA is obligated only to the extent of authorized purchases actually made under the BPA through BPA calls.

(3) Purchase limitation. Individual BPA call orders and the total obligations under this BPA shall not exceed the $7 million threshold for Simplified Procedures for Certain Commercial Items as established under FAR SubPart 13.5. NASA intends to establish a lower BPA ceiling for this BPA and for individual BPA calls at the time of award depending on the proposed quotes.

(4) Individuals authorized to purchase under the BPA. Any warranted contracting officer at the NASA Shared Services Center (NSSC) is authorized to place orders under this BPA. No other NASA centers or federal agencies are authorized to place orders under this vehicle.

(5) Delivery tickets. NASA intends to issue BPA call orders using the Solicitation/Contract/Order for Commercial Items form SF 1449. All shipments, receiving reports or invoices shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

(i) Name of supplier.

(ii) BPA number.

(iii) Date of purchase.

(iv) Purchase number.

(v) Itemized list of supplies or services furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery or shipment.

(6) Invoices. Invoices shall be submitted in accordance with the “INVOICING AND PERFORMANCE REQUIREMENTS” and “SUBMISSION OF INVOICES FOR PAYMENT” sections in the “Additional Terms and Conditions” section of this RFQ.

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Instructions to Offerors

General: The following information shall be submitted as part of the Vendor’s quote due 3:00 PM Central time Monday, June 24, 2019. All information requested below must be provided. Failure to provide any of the items required below may render a Vendor’s proposed quote technically unacceptable and thereby ineligible for award. This is a FAR Part 12 and FAR Part 13 requirement. THIS REQUIREMENT IS 100% Small Business Set-Aside. The North American Industry Classification System (NAICS) code is 541511, Custom Computer Programming Services. The small business size standard is $27.5 million.

Exchanges: The Government intends to evaluate quotes and award a contract without discussions with Vendors. Therefore, a Vendor’s initial quote should contain the Vendor’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

Solicitation and Amendments: Copies of the solicitation and amendments are available by internet access only. All Request for Quote (RFQ) documents and any amendments to the RFQ are made available from the FBO website. It shall be the Vendor’s responsibility to check the website for any amendments. No information will be given via phone or email.

Submission of Quotes

A page is defined as one side of sheet, 8 1/2″ × 11″, with at least one inch margins on all sides, using not smaller than 12 point type. Foldouts count as an equivalent number of 8 1/2″ × 11″ pages. The metric standard format most closely approximating the described standard 8 1/2″ × 11″ size may also be used.

The quote shall include Cover Letter, Volume I: Technical Section and Past Performance, and Volume II:

Price Section.

Questions – Questions regarding this RFQ are encouraged but must ensure adequate understanding of the government’s requirements. All questions regarding this RFQ must be submitted by Friday, June 14, 2019 at 4:00 PM central time and submitted using the Questions Template, Attachment 4. Questions submitted after this date/time may not be answered. Questions will be accepted via e-mail only to joseph.r.tynes@nasa.govandJustin.s.fraser@nasa.gov Questions shall be submitted to all e-mail addresses listed. Faxed or telephoned questions will not be accepted.

Submission - Quotes for the item(s) described in the RFQ are due 3:00 PM Central time Monday, June 24, 2019. Late submissions of quotes will not be accepted. Submission must be in writing (e-mail) to Joseph Tynes at joseph.r.tynes@nasa.gov and Justin Fraser at Justin.S.Fraser@nasa.gov. Responses must be submitted to all e-mail addresses listed.

Submissions must be valid for at least 120 days.

1. PAGE RESTRICTIONS

The Technical Quotation shall not exceed 30 pages in length; the quality control plan; cover page(s), executive summary and table of contents; past performance references and questionnaires; labor categories/resumes and other business information are excluded from the page limit.

Pages shall be numbered consecutively; a page printed on both sides shall be counted as two pages. Pages submitted in excess of the page limitations stated above will be removed and will not be evaluated.

Volume I shall contain a glossary of all abbreviations and acronyms used. Each acronym used shall be spelled out in the text of the quote, followed by the acronym in parentheses, the first time it appears in each quote volume.

The technical section shall be limited to 30 total pages. The page limit applies to items listed below in the section Instructions for Volume I: Technical Section - Non-Price Factors paragraph (f)(1)-(3) and to the glossary of all abbreviations and acronyms used.

The Price Section (Volume IIIX) is limited to the six (6) tabs of the Pricing Template Excel spreadsheet (see Attachment 2). Information that can be construed as belonging in one of the other sections of the quote will be so construed and counted against that section's page limitation. Vendors shall provide their pricing information directly in this spreadsheet and in accordance with the pricing instructions below

The following items should be provided at the end of the Volume I and are excluded from the page limit count: system documentation, Conceptual Architecture System Diagram, the Voluntary Product Accessibility Template (VPAT) (or equivalent documentation confirming 508 Compliance and Usability Standards), demonstrative video and confirmatory documentation certifying that the System utilizes Hyper Text Transfer Protocol Secure (HTTPS) with Secure Sockets Layer / Transport Layer Security (SSL/TLS) certificates and Internet Protocol version 6 (IPv6) addresses for any data in transit (data moving between networks, e.g. between a browser and websites. See Items section Instructions for Volume I: Technical Section - Non-Price Factors paragraph (f)(4)-(7).

There will be no interactive demos with vendors. Videos can be submitted as an attachment via email with the overall submission or via an email that includes a link to the video. The link must provide the capability to save a copy.

2. INSTRUCTIONS FOR COVER LETTER.

The following information shall be provided on the cover letter:

Authorized Vendor Contractual Personnel: Provide the name, title, telephone number, and e-mail address of the individual who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government and who can answer questions regarding your quote.

Company/Division Street Address: Provide company/division’s street address, county and facility code;

size of business (large or small); labor surplus area designation; Company/Division’s Data Universal Numbering System (DUNS) number and Commercial and Government Entity (CAGE) Code.

The cover letter shall include a statement that the quote is valid for a period not less than 120 calendar days and shall contain acknowledgment and acceptance of all RFQ amendments.

3. COSTS INCURRED IN SUBMISSION OF PROPOSAL

This solicitation does not commit the Government to pay any cost incurred in the submission of the quotation or in making necessary studies of designs for the preparation thereof, nor to contract for services or supplies.

4. INSTRUCTIONS FOR VOLUME I: TECHNICAL SECTION.

This section provides detailed instructions to Vendors to be used in the preparation of the technical section of the quote. The technical quotation will be evaluated in accordance with the evaluation criteria below to determine whether the quote meets the Government’s requirements outlined in the PWS. The technical quotation must reflect a thorough understanding of the requirements; as well as a detailed description of the techniques and procedures for achieving the objectives of the PWS.

At a minimum, the quotation must clearly provide the following:

Mark each section with the correct section letter and contain the information cited below for that section.

Include with the quotation any documentation that is referenced in the quotation with page and paragraph numbers included with the reference.

Vendors are required to submit, as part of their quotations, a table of contents referencing the page and paragraph numbers that contain their response/methodology/narrative, on an item-by-item basis to all of the requirements and evaluation criteria listed in the following paragraphs and sub-paragraphs.

A summary of the technical quotation shall be provided, highlighting the salient features of the quotation and the work to be achieved. A description of the approach and plans for satisfying the requirement shall be included. A clear Table of Contents with cross-reference page number references must be included.

Generally, the technical section shall:

(a) Demonstrate understanding of the Performance Work Statement (PWS). The technical quotation will be evaluated to determine whether the quote meets the Government’s requirements outlined in the

PWS. The technical quotation must reflect a thorough understanding of the requirements; as well as a detailed description of the techniques and procedures for achieving the objectives of the PWS.

(b) The technical section shall be clear, concise, and shall include complete detail for effective evaluation and substantiation of all information. The technical section shall demonstrate the Vendors System will meet each requirement in a reasonable and feasible manner. The technical section should not simply rephrase or restate the Government’s requirements.

(c) Elaborate brochures or documentation, detailed artwork, or other superfluous embellishments are unnecessary and are not desired. The focus shall be on the quality of the content and technical approach therein.

(d) Vendors are requested to provide information responsive to the items set forth below. This information is considered essential for the Government to conduct a fair and uniform evaluation of quote pursuant to the evaluation criteria and process provided in the evaluation provision section. The items listed are not, however, all-inclusive and you should include in your quotes any further discussion you believe to be necessary or useful in demonstrating your ability to perform the work under this Contract.

(e) For a more complete understanding of this section Submission of Quotes refer to the section BASIS FOR CONTRACT AWARD/EVALUATION CRITERIA. The instructions in this section are directly related to the evaluation criteria and process set forth in the BASIS FOR CONTRACT AWARD/EVALUATION CRITERIA section.

(f) The technical section of the quote shall include the following items, and each item shall be clearly marked as a separate section:

1. Provide a narrative description to describe how Vendor meets each of the requirements in the

PWS:

1.0 Document Management

2.0 Case Management/Docketing

3.0 System, Access and Security

4.0 System Support Services

2. The Voluntary Product Accessibility Template (VPAT) (or equivalent documentation confirming 508 Compliance and Usability Standards),

3. Evaluation copy of software for technical evaluation of the Vendor’s system, which shall include either:

a. For SaaS/cloud-based solutions*:

A URL accessible via the public internet, with no requirement for VPN Authentication/credentials for access to the system Access to system documentation, or

b. For on-premise or hybrid solutions*:

A copy of the software, available by download via the public internet License keys for the software, as necessary Access to system documentation

*Note: NASA is indifferent as to whether vendors propose a SaaS/cloud-based, on-premise or hybrid solution and will not give preferential treatment to vendors proposing any of the solutions. Furthermore, vendors have the flexibility to modify their approach during the life of this BPA and at NASA’s discretion (for example, an on-premise solution is under consideration for FedRamp authorization and will offer a SaaS/cloud-based solution at a later date. Please review Attachment 2 (the Pricing Template) as the instructions are slightly different depending on the solution the vendor is proposing.

4. System documentation – On-Premise or Hybrid system solutions must provide the

Engineering specifications to build out the system including: OS version, minimal and maximum RAM, minimal and maximum CPU and the amount of storage required to build out the On-Premise or hybrid infrastructure. Note: Current NASA architecture is comprised of Converged and Hyper-Converged systems that provide infrastructure. The Converged Infrastructure is Cisco Blades with EMC storage and the Hyper-Converged is Dell Servers running the Nutanix software. The current software is RHEL 7 or Windows 2012 and higher for the operating systems. There is also a RHEL Clustered service to support Containers running Kubernates. NASA also has Enterprise licensing for the O365 product (G3 package -https://products.office.com/en-us/government/compare-office-365-government-plans).

5. Conceptual Architecture System Diagram illustrating the architecture of the Vendor’s integrated System.

6. Web enabled systems must provide confirmatory documentation certifying that the System utilizes Hyper Text Transfer Protocol Secure (HTTPS) with Secure Sockets Layer / Transport Layer Security (SSL/TLS) certificates and Internet Protocol version 6 (IPv6) addresses for any data in transit (data moving between networks, e.g. between a browser and websites.

7. Demonstrative Video

(1) To demonstrate the capability and ease of use of its System to meet the PWS 1.0 Document Management and 2.0 Case Management/Docketing requirements, the Vendors shall provide a demonstrative video of total maximum duration of no more than thirty (30) minutes in one of the following formats: .wav, .mp3, .mp4. A more useful video would demonstrate understanding, reasonableness, and feasibility of the following requirements in a complete manner:

(i) Searching – how to conduct a full-text search for a document

(ii) Profiling a document – how to profile a document in the System

(iii) Docketing - docket an action for a deadline to file a response to an Office Action from the U.S. Patent & Trademark Office and show the ability for the System to employ automated docketing data rulesets or interface with third party providers to fulfill the requirement.

(iv) Creating custom actions - how a custom action/task is created and docketed in the System

(v) Reporting - generate a report showing legal and custom user actions based on due date and action assignee.

(vi) The video shall also demonstrate System “Ease of Use” for PWS 1.0 Document Management and 2.0 Case Management / Docketing by demonstrating the following:

(i) The System’s graphical user interface;

(ii) How a user can navigate within the System; and

(iii) How a new user can first use the System.

5. INSTRUCTIONS FOR VOLUME II: PAST PERFORMANCE.

Vendors are requested to provide information on up to three (3) previous Government contracts, commercial engagements or sales whose effort is recent and relevant to the effort required by this solicitation.

a) “Recent” means a contract, commercial engagement or sale in-progress completed within the last three

(3) years.

b) “Relevant” means a contract, commercial engagement or sale that is of similar scope, magnitude, and complexity to the requirements as set forth in this solicitation.

i. Scope: Experience in the areas defined in this PWS.

ii. Magnitude: The measure of the similarity of the volume, dollar value and/or duration of the work actually performed under the Vendor’s submitted contracts to the PWS.

iii. Complexity: The measure of the similarity of technical difficulty, managerial intricacy and/or required coordination of efforts and disciplines performed by the vendor in its submitted contracts to this PWS. For complexity, not only will the tasks performed by the vendor be considered, but also the vendor’s ability to coordinate tasks (e.g., managing across multiple sites/installations).

The requested information in this section can be submitted in the form of a detailed narrative. Vendors are advised that the government may confirm references.

Vendors shall provide the following information:

A detailed description of the work performed to include how it relates to the effort listed in this solicitation’s PWS

The agency/business the work was performed for The physical address where the work was performed The period of performance associated with the work The dollar value of the contract The name, email address and phone number of the agency/business’ Contracting Officer/POC

A vendor that does not have recent and relevant past performance to provide for consideration is requested to affirmatively state that it does not have recent and relevant past performance for the Government to consider.

6. INSTRUCTIONS FOR VOLUME III: PRICE SECTION.

Vendors shall submit completed pricing for line items identified in the Attachment 2, Price Template for evaluation. The Unit Price cells for each Category shall be filled out under each tab (Base and Options).

No other cells shall be edited as all totals will self-calculate. Note: vendors shall include pricing for any or all software solutions proposed to complete the overall requirement Case Management, Document Management, and Docketing “automated rulesets within”.

(1) Base - Year 1 Price:

a. CLIN 0001 - Vendor shall provide a fixed unit price per user for the base year assuming 200 concurrent users located at the NASA locations described in the PWS, inclusive of the following:

i. User License/Seat Costs,

ii. Training (See PWS 4.1)

iii. Installation, Maintenance, Patches and Upgrades (See PWS 4.2)

iv. As applicable, any other costs for Year 1, and

Example 1: If license is per user, enter price for one user license in Unit Price and enter 200 for Estimated Quantity. Example 2: If license is based on a price band, enter the price for the band that covers 200 concurrent users in Unit Price and enter 1 for Estimated Quantity.

b. CLIN 0002 - For evaluation purposes, Vendors proposing on-premise or hybrid solutions will complete line items 2a and 2b with the requisite number of servers needed for implementation of the solution. This will cover NASA system hardware and maintenance costs. Item 2c will automatically calculate if an entry is made for either server type. Vendors proposing cloud solutions should not complete CLIN 0002 and shall instead include those costs in the license costs (CLIN 0001).

(2) Base Year Options - Year 1:

a. Training

i. CLIN 0003 - Fixed unit price for 1 hour of web-based, role-specific training up to 30 users per Performance Work Statement 4.1.1.

ii. CLIN 0004 - Fixed unit price for Initial Training for new users per Performance Work Statement 4.1.2.

b. Conversion Costs and Professional Technical Consultant Services – Vendor shall provide a fixed unit price for each of the following conversion and migration support services referenced in PWS 4.3. For evaluation purposes, Vendor shall assume the estimated quantities in Column E of Attachment 2.

i. CLIN 0005 - Fixed unit price for converting 1 Terabyte of electronic documents (See PWS 4.3.1), and

ii. CLIN 0006 - Fixed unit price for converting/migrating 100 existing actions (See PWS 4.3.2).

iii. CLIN 0007 - Vendor shall provide a fixed hourly rate for professional technical consultant services to assist in the set up and implementation. For evaluation purposes, Vendor shall assume the estimated quantities in Column D of Attachment 2.

(3) Option Periods 1-4 (Option Years):

a. CLIN x001 - Vendor shall provide an annual fixed unit price for each of Option Periods 2, 3, and 4 assuming 200 concurrent users located at the NASA locations described in the PWS, inclusive of the following:

i. The User License/Seat Costs. See Base Year Price for examples.

ii. Maintenance, Patches and Upgrades (See PWS 4.2), and

iii. As applicable, any other costs for Option Periods 2, 3, and 4.

b. CLIN x002 - For evaluation purposes, Vendors proposing on-premise or hybrid solutions will complete line items 2a and 2b with the requisite number of servers needed for implementation of the solution. This will cover NASA system hardware and maintenance costs. Item 2c will automatically calculate if an entry is made for either server type. Vendors proposing cloud solutions should not complete this item and shall instead include those costs in the license costs (CLIN x001).

c. Training – Vendor shall provide fixed unit prices for the following training options in Option Period 2, 3, and 4. For evaluation purposes, Vendor shall assume the estimated quantities in Column E of Attachment 2.

i. CLIN x003 -Fixed unit price for 1 web-based, role-specific training of at least 4 hours for up to 30 users per PWS 4.1.1; and

ii. CLIN x004 - Fixed unit price for Year 1 Training for new users per PWS 4.1.2.

d. Conversion Costs and Professional Technical Consultant Services – Vendor shall provide a fixed unit price for each of the following conversion and migration support services referenced in PWS 4.3. For evaluation purposes, Vendor shall assume the estimated quantities in Column E of Attachment 2. Vendor shall provide an hourly rate for professional technical consultant services.

i. CLIN x005 - For evaluation purposes, Vendor shall assume the estimated quantities in Column E of Attachment 2, Fixed unit price for converting 1 Terabyte of electronic documents (See PWS 4.3.1), and

ii. CLIN x006 - For evaluation purposes, Vendor shall assume the estimated quantities in Column E of Attachment 2, Fixed unit price for converting/migrating 100 existing actions (See PWS 4.3.2).

iii. CLIN 0007 - –For evaluation purposes, Vendor shall assume the estimated quantities in Column E of Attachment 2 for Professional Technical Consultant Services.

Supply Chain Risk Assessment

Vendors shall submit Attachment 4 “Restriction on Use of Funds for Acquisition of the Information Technology Systems” form. This form aides in the Government’s review to ensure that the successful awardee has completed the Request for Investigation/IT Product Source Assessment and is Assessed and Cleared to be eligible for access to NASA’s IT systems.

BASIS FOR CONTRACT AWARD/EVALUATION CRITERIA

a. BASIS OF AWARD:

(A) NASA intends to award a single BPA as a result of this Request for Quote (RFQ). The

Government will award to the Vendor whose quote conforming to the solicitation will be most advantageous to the Government offering the best overall value to the Government that meets all solicitation requirements and is determined responsible in accordance with the Federal

Acquisition Regulations. In the event that no quote satisfactorily meets all of the solicitation requirements, NASA reserves the right to award to a single BPA to meet one or more of the solicitation requirements to the vendor that provides the best overall value to the Government relative to one or more of the solicitation requirements. The Government’s objective is to obtain the highest technical quality considered necessary to achieve the project’s objectives, with a reasonable firm fixed price.

Evaluation factors are listed in descending order of importance with Technical Approach being the most important aspect and Price being the least important. All evaluation factors, other than price, when combined are significantly more important than price.

(a) The BPA resulting from this solicitation will be awarded to the responsible vendor whose quote, conforming to the solicitation, is determined to be most advantageous to the Government.

(b) However, for a vendor to be considered for award, it must:

1. Meet all minimum standards (i.e. rate “Satisfactory” or better) on all evaluation factors.

2 . Have a price quotation that is both reasonable, realistic and consistent with and based upon the data provided in the Technical Quotation. Vendors are advised that award will not necessarily be made to the Vendor submitting the quote with the lowest evaluated price.

The successful vendor shall present and submit a clear and concisely written quotation that gives the Government the greatest confidence in the vendor’s ability to meet successfully the Government’s requirement.

The Government may reject any quote that is evaluated to be unrealistic in terms of program commitments, contract terms and conditions, or unrealistically high or low in price when compared to Government estimates and/or competition, such that the quote is deemed to reflect an inherent lack of competence or failure to comprehend the PWS requirements.

(B) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

b. EVALUATION CRITERIA

All quotations will be evaluated on the following evaluation factors:

Factor 1: Technical Approach Factor 2: Past Performance Factor 3: Price

2.1 FACTOR 1-TECHNICAL APPROACH:

The Government will evaluate the vendor’s technical approach based on the vendor’s ability to demonstrate a full understanding of the requirements and tasks to be performed as they are written in the PWS and identified in Volume I: Technical Section - Non-Price Factors Section 4.f. The quote will be evaluated on the quality and thoroughness of the technical information submitted taking an overall perspective that is deemed best fit for the NASA legal community. The Government will evaluate the vendor’s ability to demonstrate a successful solution and approach to all requirements outlined in the PWS, including the system’s ability to provide automated rulesets for USPTO and Federal litigation matters as a part of the system solution or through an interface with a third party support service.

2.2 FACTOR 2-PAST PERFORMANCE:

The Government will evaluate each past performance reference to determine whether it is recent within the past three (3) years and relevant in terms of scope, magnitude, and complexity to the requirement stated in the PWS. Past performance references deemed not recent will not be considered for further evaluation.

If the contract is deemed recent, the Government will then determine the degree of relevance – i.e.

level of pertinence – of the contract based on scope, magnitude, and complexity.

The government will rate relevant past performance in accordance to FAR 13.106-2(b) Evaluation Procedures by reviewing the corresponding references, previous Government contracts and/or commercial engagements, and any corresponding CPARs past performance assessments. The government will also consider subjective information such as relevant facts, circumstances and knowledge of the vendor.

The government is seeking to determine whether the vendor has consistently demonstrated a commitment to customer satisfaction and timely delivery of high quality products and services.

Vendors shall demonstrate their adherence to delivery schedules, including those for administrative reporting. Vendors shall illustrate their reputation for reasonable and cooperative behavior and commitment to customer satisfaction.

Past performance will be evaluated as a measure of the Government’s confidence in the Vendor’s ability to meet technical requirements, deliver quality products, and meet the cost and schedule requirements of this project.

2.4 FACTOR 3-PRICE:

Price will not receive any sort of adjectival rating. The Government will evaluate price by reviewing the vendor’s proposed Attachment 2. The Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement in accordance with FAR Clause 52.217-5 – Evaluation of Options.

Price quotations will be evaluated to ensure completeness and reasonableness in terms of the size, scope, and complexity of this requirement as specified in this solicitation. The Government will evaluate ALL unit and extended Price CLINs including Option Period CLINS to determine whether they are reasonable and realistic.

Vendors who propose on-premise or hybrid solutions are required to fill out CLIN x002 as the Government will be paying for those costs. Vendors who propose a cloud-based solution shall build these costs (application server; database server; and labor for maintenance, patching, security and upgrade costs) into their license costs in CLIN x001. This is to ensure parity for evaluation purposes.

GENERAL INFORMATION CONCERNING EVALUATION:

The Government will use the ratings below to assess the aforementioned evaluation factors. The Technical Approach evaluation ratings apply to evaluation factor 1, while the Past Performance evaluation rating applies to evaluation factor 2.

Technical Approach Evaluation Ratings (Factors 1) Rating Definition

Exceptional (E)

The quotation significantly exceeds stated requirements, as reflected through an innovative, comprehensive, outstanding approach. The response is complete in terms of the basic content and level of information the Government seeks for evaluation. There is a high probability of success and negligible risk that this Vendor would fail to meet the quantity, quality and schedule requirements. There are significant strengths and no deficiencies or weaknesses.

Very Good (V) The quotation exceeds stated requirements. The response is complete in terms of the basic content and level of information the Government seeks for evaluation. There is a high probability of success and little or no risk that this Vendor would fail to meet the quantity, quality and schedule requirements. There are significant strengths and no deficiencies of significant weaknesses. There may be minor weaknesses that may not need to be corrected to make award.

Satisfactory (S) The quotation meets the stated requirements. The response is considered complete in terms of the basic content and level of information the Government seeks for evaluation. There is a good probability of success and little risk that this Vendor would fail to meet the quantity, quality, and schedule requirements. There may be some strengths. Weaknesses, if any, are minor and may not need to be corrected to make award.

Marginal (M)

The quotation fails to meet the stated requirements. The response is considered incomplete or inadequate in terms of the basic content and level of information the Government seeks for evaluation. There is a low probability of success based on the present information. There are deficiencies and/or significant weaknesses, susceptible to correction through discussions if determined to be included in the competitive range.

Unsatisfactory (U) The quotation significantly fails to meet the stated requirements. Wha was submitted lacks essential information or is conflicting and unproductive. There is no reasonable likelihood of success;

deficiencies are so major or extensive that a major revision or complete rewrite of the quotation would be necessary.

Past Performance Evaluation Ratings (Factor 2) Rating Definition Exceptional (E) Performance EXCEEDS MOST contractual requirements to the

Government’s benefit. The performance of areas being assessed was accomplished with few minor issues or concerns.

Very Good (V) Performance EXCEEDS SOME contractual requirements to the Government’s benefit. The performance of areas being assessed was accomplished with few minor issues or concerns, for which the Contractor’s corrective actions were highly effective.

Satisfactory (S) Performance MEETS contractual requirements. The performance of the areas being assessed contains minor issues or concerns, for which corrective actions taken by the Contractor were effective.

Marginal (M) Performance MEETS SOME contractual requirements. The performance of the areas being assessed includes significant problems, issues, or concerns for which corrective actions taken by the Contractor were only somewhat effective.

Unsatisfactory (U) Performance DOES NOT MEET contractual requirement. The performance of the areas being assessed includes serious problems, issues, or concerns for which the Contractor’s corrective actions were ineffective.

Not Applicable/Neutral (N/A) Performance information not recent or relevant as defined in the Solicitation or no past performance record exists. Unable to provide assessment. The Contractor will be evaluated neutrally so as to not have this evaluation factor provide any benefit or be used to hold against them.

Section II:

Terms and Conditions

General Terms and Conditions

1. PERIOD OF PERFORMANCE: This resultant agreement will cover a Base Period of one (1) year, and a four (4) one-year option periods, commencing on Date of Award, 2019. The Government reserves the right to extend this agreement. If all options are exercised, then the final date of performance would be on or about July 14, 2024.

Base Period On or about July 15 , 2019 to On or about July 14,2020 Option Period 1 On or about July 15, 2020 to On or about July 14, 2021 Option Period 2 On or about July 15, 2021 to On or about July 14, 2022 Option Period 3 On or about July 15, 2022 to On or about July 14, 2023 Option Period 4 On or about July 15, 2023 to On or about July 14, 2024

2. DELIVERY AND PERFORMANCE LOCATION

The following NASA Centers and Facilities are hereby authorized to use this Agreement and must route their request to a warranted NSSC Contracting Officer per the instructions in Section 3

“INDIVIDUALS AUTHORIZED TO PLACE ORDERS”:

Armstrong Flight Research Center (AFRC) Ames Research Center (ARC) Glenn Research Center Main Campus (GRC) Goddard Space Flight Center Main Campus (GSFC) Headquarters (HQ) Jet Propulsion Laboratory (JPL) Johnson Space Center Main Campus (JSC) Kennedy Space Center Main Campus (KSC) Langley Research Center (LaRC) Marshall Space Flight Center Main Campus (MSFC) NASA Shared Services Center (NSSC) Stennis Space Center (SSC)

3. INDIVIDUALS AUTHORIZED TO PLACE ORDERS: For the purposes of this agreement, the Enterprise is defined as NASA, its employees, and authorized contractors and subcontractors that support NASA Centers and Associated Facilities in Section 2. Except as specifically agreed to in writing by the parties of this agreement, other agencies and/or employees of the U. S.

Government are specifically excluded from utilizing the services under this agreement. Pursuant to FAR 52.216-18, authorization for placing and administering Orders under this agreement is given to the warranted NSSC Contracting Officer’s (CO). With prior written approval from the NSSC CO, NASA Government Purchase Card (GPC) holders at NASA Centers in Section II.2 (above) are authorized to make purchases under this agreement. Each order placed against the agreement shall be issued in advance of the needed requirements and the contractor shall provide all products and services in accordance with this agreement.

4. ACCEPTABLE METHODS FOR PLACING ORDERS: Orders will be placed against this agreement using e-mail, FAX, or paper copy.

(a) NASA PURCHASE CARD (P-CARD) PURCHASES: For NASA purchase card orders, the Contractor shall have the capability to accept the Government purchase card information to complete a purchase transaction up to but not greater than the micro purchase limitation, see FAR 2.101(b)(2). The Contractor agrees to extend the pricing in this agreement to authorized NASA purchase cardholders. In addition, the contractor agrees to extend the terms and conditions of this agreement to all NASA p-card purchases that support the NASA Centers and Associated Facilities listed in Section 1. The current list of authorized NASA purchase cardholders can be found at the following link: https://searchpub.nssc.nasa.gov/servlet/sm.web.Fetch/NASA_Cardholders_-_2-4- 2014.pdf?rhid=1000&did=1761572&type=released

(b) Additionally, the contractor shall provide the following purchase card documentation to the Contracting Officer:

i. Contract/Delivery Order Number

ii. Order Log Number

iii. Confirmation/Transaction Number

iv. Product Name

v. Product Description/Item Number

vi. Quantity Purchased

vii. Unit Price

viii. Extended Price

ix. Date of Transaction and Date of Delivery

x. NASA purchase cardholder’s name and associated Center (including contact information)

xi. License and/or maintenance user’s name and contact information (if different from the cardholder’s name)

(c) Once the transaction is completed by the NASA purchase cardholder, the Contractor shall provide the referenced NASA p-card documentation to the Contracting Officer within 5 business days at the ELMT mail box: nsscelmt@mail.nasa.gov.

5. TYPE OF BPA CALLS: All orders placed against this BPA will be on a firm fixed price (FFP) basis, and will be within the scope of the Performance Work Statement.

6. PRICING OF BPA CALLS: Pricing of Calls placed under this BPA shall be based on the contract pricing identified in the BPA.

7. OBLIGATION OF FUNDS: This BPA does not obligate any funds. Funding will be provided at the call order level.

8. 508 COMPLIANCE-: The contractor must demonstrate that the products offered under this agreement align to the Electronic and Information Technology Accessibility Standards (Section

508) in FAR 39.201 (a). Additional information is available at: http://www.section508.gov

Typically, this is accomplished by contractor providing Voluntary Product Accessibility Templates (VPATs) for the associated products. In the event that VPATs are not provided, the government must obtain a waiver following established NASA processes. Contractor is required to assist NASA with providing the documentation supporting any such waiver request.

9. COST AVOIDANCE REPORTING: The Contractor shall provide the Contracting Officer, or designatee, a fiscal year quarterly report, delivered in a commonly recognized and accepted electronic spreadsheet, such as .xlsx and .cvs formats, that provides an itemization of purchase orders, calls, and purchase card transactions that have occurred during that month’s timeframe.

This report shall be delivered within 10 business days upon the end of each fiscal quarter. This report shall include the transaction/order date, part/mfg. number, product description, NASA Center/Mission, license start and end dates, quantity, commercial unit price, government unit price, NASA discounted price, and the extended price for each. A cost difference shall be calculated per line between commercial extended and NASA extended, as well as a cost difference between government extended and NASA extended price per line. A total summation of the difference for each will provide NASA a cost avoidance value for the quarter. For orders, calls or other transactions that have co-termed licenses to other than twelve (12) months, the unit pricing shall reflect the adjusted pro-rated co- termed values for unit prices. Other cost avoidance benefits directly tied to the software purchase, such as added services or software at no additional charge, shall also be included in this reporting.

10. INVOICING AND PERFORMANCE REQUIREMENTS: Unless a payment schedule is implemented at the order level, no partial payments or deliveries on orders deriving from this Agreement are allowed. Do not submit invoice until completion of the order or the completion of an order performance milestone set forth in the order’s payment schedule, if applicable. All travel must align with the government per diem guidelines. Contractor shall seek prior written approval for the Travel outside of per diem approved rates. According to Joint Federal Travel Regulations (JFTR), you may ask your agency to authorize the actual expense allowance provision. The Federal Travel Regulation (FTR) §§301-11.300 through 306 notes that if lodging is not available at your temporary duty location, your agency may authorize or approve the maximum per diem rate of up to 300% of per diem for the location where lodging is obtained. You should also ensure you have checked www.fedrooms.com to confirm there are no rooms available at per diem in the area where you need to travel.

11. PAYMENT:

All payments shall be made in accordance with FAR 52.212-4, Contract Terms and Conditions – Commercial. Payments will be made to the contractor based on the receipt of a proper invoice and Proof of that services have been performed.

12. SUBMISSION OF INVOICES FOR PAYMENT:

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

(b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC’s offeror Payment information web site at:

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877- NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

In addition to the requirements set forth in FAR52.212-4(g), the following back-up documentation shall be included:

(d) Invoices.

(A) Description of goods and services delivered as part of the contract’s terms and conditions, including the dates of delivery/performance.

(B) Progress reports, as required.

(C) Date goods and services were performed.

(e) Improper invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in an invoice within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(g) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.

13. MODIFICATIONS:

All requests for modification to this contract shall be provided to the NSSC Contracting Officer.

14. NASA DEFINITION OF ENTERPRISE: For the purposes of this agreement, the Enterprise is defined as NASA, its employees, and authorized contractors and subcontractors that support NASA Centers and Associated Facilities in Section 2. Except as specifically agreed to in writing by the parties of this agreement, other agencies and/or employees of the U.S. Government are specifically excluded from utilizing the services under this agreement.

15. AGREEMENT MANAGEMENT: The contractor shall coordinate any assertion or allegation of agreement misuse or violations involving NASA end users (Civil Servant, Contractor, or International Partners) no less than 90 days prior to seeking termination of the capability with the CO/Contracting Officer Representative (COR) for any product or services purchased through this agreement. The contractor shall ensure all communication (written or otherwise) concerning new terms, ordering, and license compliance issues solely through the contractor to the NSSC CO and/or COR. Any notifications (written or otherwise) concerning compliance or violations that are provided directly to any other NASA Center or Associated Facility will not be valid.

16. INTERNET PROTOCOL VERSION SIX (IPv6): In accordance with FAR 11.002(g) and joint NASA Chief Information Officer (CIO) / NASA Associate Administrator for Procurement “Policies to Ensure IPv6 Compliance for Information Technology (IT) Purchases”, and for all products within the scope of this agreement, this acquisition requires all functionality, capabilities and features are to be supported and operational in both a dual- stack IPv4/IPv6 environment and an IPv6 only environment. Any product dependent on the IP stack for IPv4 and IPv6 shall require a Self-Declaration of Conformance (SDOC) based on the USGv6 Profile and Testing Program in accordance with NIST SP 500-267, NIST SP-273, and NIST SP 500-281.

Furthermore, all management, user interfaces, configuration options, reports and other administrative capabilities that support IPv4 functionality will support comparable IPv6 functionality and are subject to the requirements as stated above. The Publisher is responsible for producing a SDOC for applicable products and subjecting them to USGv6 Profile and Testing Program as referenced herein. NASA reserves the right to require the Publisher’s products to be tested within an agency or 3rd party test facility to show compliance with this requirement.

In accordance with NASA FAR Supplement, part 1811.101-70, the Contractor shall ensure that products and services that use the Internet Protocol provide full feature functionality in both dual stack (IPv4 and IPv6) and IPv6-only environments in compliance with NIST USGv6 Testing Program, see Special Publication 500-267, A Profile for IPv6 in the U.S. Government – Version

1.0 The Contractor must notify the Contracting Officer of all contract specifications that do not comply with providing full feature functionality for IPv6 and act in accordance with the instructions of the Contracting Officer.

Instructions for completing the SDOC can be found at the referenced IPv6 website:

http://www-x.antd.nist.gov/usgv6/sdoc.html

17. MOST FAVORED CUSTOMER: The contractor shall ensure the prices under this agreement are at least as low as the prices that the Contractor offers under any other NASA contract instrument for any other customer within NASA with that are purchasing the same quantities of products under the same terms and conditions. If at any time the prices under any other instrument within NASA become lower than the prices in this agreement, this agreement will be immediately modified to include the lower prices.

18. DELIVERY SCHEDULE: Delivery schedule to be determine at the call order level.

19. CONTRACTOR COMMUNICATIONS/OUTREACH: The Contractor shall coordinate with the NSSC to ensure the agreement products and support are ordered, approved, and communicated to customers in a consistent manner. The Contractor shall coordinate all major Center and/or Agency outreach and agreement management communications through the NSSC.

20. ADDITIONAL PRICE DISCOUNT TERMS: The government may secure additional discounts at the time of placing an order. Spot discounts are authorized and encouraged. Special solutions and voluntary price reductions may be negotiated for individual orders. Spot discounts under this section will not trigger the Most Favored Customer Clause in section 17.

21. LIMITATION OF FUNDS: It is the Agency’s policy to fully fund all firm fixed price orders unless an incremental funding waiver is processed and approved prior to award. However, at times, in the event of a continuing resolution and funds are not available to fully fund the order, NFS 1852.232-77, Limitations of Funds—Fixed Price Contracts, would apply and would be incorporated into the order by modification.

22. COST AND FEES: Pursuant to the Anti-Deficiency Act, 31 U.S.C. §1341 (a)(1)(B), the U.S.

Government does not agree to pay any future costs or fees under the license agreement or this Agreement. Any provision of the Licensing Terms obligating the U.S. Government to pay costs, fees, or damages, or to otherwise expend appropriations, are hereby inoperative and invalid unless imposed after following the Dispute Resolution Procedures identified hereunder. Any provisions of the Licensing Terms providing for automatic renewal absent some action by the U.S. Government is likewise inoperative and invalid.

23. LIMITATIONS OF LIABILITY: Any limitations of liability in the license agreement is hereby inoperative and invalid and the following provision shall replace it and apply: Neither the Contractor nor an NASA ordering activity shall be liable for any indirect, incidental, special, or consequential damages, or any loss of profits, revenue, data, or data use. Further, neither the Contractor nor an NASA ordering activity shall be liable for punitive damages except to the extent this limitation is prohibited by applicable law. This clause shall not impair the U.S.

Government’s right to recover for fraud or crimes arising out of or related to this Agreement under any federal fraud statute, including the False Claims Act, 31 U.S.C.