C03 NNG15SD37B 36C10A21F0242.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 20

TAC-Austin

200-21-4-3125-0062

200-21-4-3125-0071

NNG15SD37B 36C10A21F0242

See Block 31c 36C10A21Q0214

James Morgan, james.morgan10@va.gov 512-981-4105

Department of Veterans Affairs

Technology Acquisition Center - Austin

1701 Directors Blvd, Suite 600

Austin TX 78744

X 100

X

Net 30 Days

N/A

X

See Schedule

Y

Department of Veterans Affairs

1701 Directors Blvd, Suite 600

Austin TX 78744

77T85

METGREEN SOLUTIONS, INC

3203 KOENIGSTEIN AVE

NORFOLK NE 68701

079535234

Y

Department of Veteran Affairs

Financial Services Center

P.O. Box 149971

Austin TX 78714-8971

(877) 353-9791

See CONTINUATION Page

Brand Name ForeScout Refresh and Maintenance

$1,643,669.40

200-36X4539-3125-194600-2513 F00100025 x 1LA07122021-200202 7/12/2021

Mary B. Accomando

Request for Quotation: 36C10A21Q0214

Contract No.: NNG15SD37B

Task Order No.: 36C10A21F0242

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 SCHEDULE OF SUPPLIES/SERVICES

GOVERNING LAW:

B.2 CONTRACT ADMINISTRATION DATA

B.3 ACCOUNTING AND APPROPRIATION DATA

SECTION C - CONTRACT CLAUSES

C.1 NASA SEWP V RFQ INTRODUCTORY LANGUAGE

C.2 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.3 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.212-73 GRAY MARKET AND COUNTERFEIT ITEMS—INFORMATION

TECHNOLOGY MAINTENANCE ALLOWING OTHER-THAN-NEW PARTS (MAR 2020)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.7 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.8 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Task Order No.: 36C10A21F0242

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 SCHEDULE OF SUPPLIES/SERVICES

The Contractor shall provide the following Contract Line Item Numbers (CLINs) in accordance with Attachment 1, Product Description (PD) titled, “ForeScout Hardware Refresh EO Network

Access Control”, dated March 26, 2021.

19.

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT

PRICE

24.

AMOUNT

FOB/Inspection/Acceptance: Destination

Deliver To: Austin Information Technology Center (AITC) 1615 Woodward Street

Austin, TX 78772

Mark For: Benito Urbina

ARM: 136797

0001 Brand Name ForeScout 5160 Hardware Appliance Part No: FS-HW-5160 Period of Performance: 30 Days

ARO

IFCAP: 200-J12014

48 EA $21,915.00 $1,051,920.00

0002 Brand Name ForeScout 5160 Hardware Appliance Part No: FS-HW-5160 Period of Performance: 30 Days

ARO

COVID Requirement

IFCAP: 200-J12015

10 EA $21,915.00 $219,150.00

0003 Brand Name ActiveCare Advanced 1 Years – ForeScout 5160 Hardware Appliance Part No: FS-AC-A-HW-5160-1

Twelve-month Period of Performance will begin on the date the hardware is delivered.

IFCAP: 200-J12014

48 EA $4,985.00 $239,280.00

0004 Brand Name ActiveCare Advanced 1 Years – ForeScout 5160 Hardware Appliance Part No: FS-AC-A-HW-5160-1 COVID Requirement

10 EA $4,985.00 $49,850.00

Task Order No.: 36C10A21F0242

19.

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT

PRICE

24.

AMOUNT

Twelve-month Period of Performance will begin on the date the hardware is delivered.

IFCAP: 200-J12015

0005 Brand Name Finisar 10G/1G Dual Rate (10GBASE-SR and 1000BASE-SX) 400m Multimode Datacom SFP+ Optical Transceiver Part No: FLTX8574D3BCV Period of Performance: 30 Days

ARO

IFCAP: 200-J12014

192 EA $53.95 $10,358.40

0006 Brand Name Finisar 10G/1G Dual Rate (10GBASE-SR and 1000BASE-SX) 400m Multimode Datacom SFP+ Optical Transceiver Part No: FLTX8574D3BCV Period of Performance: 30 Days

ARO

COVID Requirement

IFCAP: 200-J12015

60 EA $54.35 $3,261.00

0007 Brand Name 20 Pack 10Gb SFP+, Multimode 850nm Part No: SR-SFP-532-20P Period of Performance: 30 Days

ARO

IFCAP: 200-J12014

6 EA $6,985.00 $41,910.00

0008 Brand Name 20 Pack 10Gb SFP+, Multimode 850nm Part No: SR-SFP-532-20P Period of Performance: 30 Days

ARO

COVID Requirement

IFCAP: 200-J12015

4 EA $6,985.00 $27,940.00

TOTAL BASE PERIOD: $1,643,669.40

OPTION PERIOD 1: Option for an additional twelve months of maintenance IAW FAR 52.217-9, “Option to Extend the Term of the Contract”.

Task Order No.: 36C10A21F0242

19.

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT

PRICE

24.

AMOUNT

FOB/Inspection/Acceptance: Destination

Deliver To: Austin Information Technology Center (AITC)

ARM: TBD

Period of Performance: Twelve months from end of base period

1001 Brand Name ActiveCare Advanced 1 Years – ForeScout 5160 Hardware Appliance Part No: FS-AC-A-HW-5160-1

IFCAP: TBD

48 EA $4,985.00 $239,280.00

1002 Brand Name ActiveCare Advanced 1 Years – ForeScout 5160 Hardware Appliance Part No: FS-AC-A-HW-5160-1 COVID Requirement

IFCAP: TBD

10 EA $4,985.00 $49,850.00

TOTAL OPTION PERIOD: $289,130.00

OPTION PERIOD 2: Option for an additional twelve months of maintenance IAW FAR 52.217-9, “Option to Extend the Term of the Contract”.

FOB/Inspection/Acceptance: Destination

Deliver To: Austin Information Technology Center (AITC)

Period of Performance: Twelve months from end of Option 1

Brand Name ActiveCare Advanced 1 Years – ForeScout 5160 Hardware Appliance Part No: FS-AC-A-HW-5160-1

IFCAP: TBD

48 EA $4,985.00 $239,280.00

Task Order No.: 36C10A21F0242

19.

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT

PRICE

24.

AMOUNT

Brand Name ActiveCare Advanced 1 Years – ForeScout 5160 Hardware Appliance Part No: FS-AC-A-HW-5160-1 COVID Requirement

IFCAP: TBD

10 EA $4,985.00 $49,850.00

TOTAL OPTION PERIOD: $289,130.00

OPTION PERIOD 3: Option for an additional twelve months of maintenance IAW FAR 52.217-9, “Option to Extend the Term of the Contract”.

FOB/Inspection/Acceptance: Destination

Deliver To: Austin Information Technology Center (AITC)

Period of Performance: Twelve months from end of Option 2

Brand Name ActiveCare Advanced 1 Years – ForeScout 5160 Hardware Appliance Part No: FS-AC-A-HW-5160-1

IFCAP: TBD

48 EA $4,985.00 $239,280.00

Brand Name ActiveCare Advanced 1 Years – ForeScout 5160 Hardware Appliance Part No: FS-AC-A-HW-5160-1 COVID Requirement

IFCAP: TBD

10 EA $4,985.00 $49,850.00

TOTAL OPTION PERIOD: $289,130.00

TOTAL ORDER VALUE (inclusive of all options): $2,511,059.40

All products/services shall be in accordance with the Product Description entitled, “ForeScout

Hardware Refresh EO Network Access Control”, dated March 26, 2021 as set forth in Section D of this Task Order.

Task Order No.: 36C10A21F0242

1. Inspection/Acceptance: Destination

2. Delivery Address/Point of Contract: See Schedule

GOVERNING LAW:

Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Contract/Order. Commercial license agreements may be made a part of this

Contract/Order but only if both parties expressly make them an addendum hereto. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the

Government’s use, duplication and disclosure of data shall not be included or made a part of the

Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes

Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the

Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C.

§3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this Clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this Clause shall prevail. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S.

Department of Justice (DOJ). 28 U.S.C. § 516. At the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the

Contract/Order must be made by contract/order modification (Standard Form 30) and shall only be affected by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.

B.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: See Block 17a. of VA SF 1449

b. GOVERNMENT: Contracting Officer 36C10A

Department of Veterans Affairs

Office of Acquisitions and Operations

Task Order No.: 36C10A21F0242

1701 Directors Blvd, Suite 600 Austin TX 78744

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Payment shall be made upon receipt and acceptance

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment

Requests.

Department of Veteran Affairs

Financial Services Center P.O. Box 149971 Austin TX 78714-8971

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

AMENDMENT NO DATE

B.3 ACCOUNTING AND APPROPRIATION DATA

Accounting and Appropriation Data: Funds in the amount of $1,343,468.40 are obligated in

IFCAP Order Number 200-J12014 to fund CLINs 0001, 0003, 0005, and 0007. Funds in the amount of $300,201.00, are obligated in IFCAP Order Number 200-J12015 to fund CLINs 0002, 0004, 0006, and 0008. The contractor shall reference the IFCAP Order Number on each invoice submitted for payment.

SECTION C - CONTRACT CLAUSES

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMMERCIAL

ITEMS

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 FAR 52.212-4 as an addendum to this contract:

C.1 NASA SEWP V RFQ INTRODUCTORY LANGUAGE

All clauses and provisions from the Federal Acquisition Regulation (FAR), NASA FAR

Supplement, and the Goddard Space Flight Center Regulation from the applicable NASA

Solutions for Enterprise Wide Procurement (SEWP) V Government-Wide Acquisition Contract

(GWAC), and the specific NASA SEWP V contract referenced on the SF1449 in Block 2, are hereby incorporated by reference.

The full text of any FAR and NASA SEWP V clauses which are incorporated by reference may be obtained at the following URLs:

FAR: http://www.acquisition.gov/far/index.html

NASA SEWP V: http://www.sewp.nasa.gov/documents/SEWP_V_CLAUSE_LIST.pdf

C.2 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of the end of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of Clause)

C.3 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.aquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ http://www.acquisition.gov/far/index.html http://www.sewp.nasa.gov/documents/SEWP_V_CLAUSE_LIST.pdf http://www.aquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.03-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

FEB 2021

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS

OCT 2018

52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE

MAR 2020

52.227-1 AUTHORIZATION AND CONSENT JUN 2020

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

JUN 2020

52.242-13 BANKRUPTCY JUL 1995

(End of Clause)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-

Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.5 VAAR 852.212-73 GRAY MARKET AND COUNTERFEIT ITEMS—

INFORMATION TECHNOLOGY MAINTENANCE ALLOWING OTHER-THAN-

NEW PARTS (MAR 2020)

(a) Used, refurbished, or remanufactured parts may be provided. No gray market supplies or equipment shall be provided. Gray market items are Original Equipment Manufacturer (OEM) goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the

OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING

AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.7 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to: See Schedule

C.8 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

(b) Mark deliverables, except reports, for: See Schedule

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

PRODUCT DESCRIPTION

DEPARTMENT OF VETERANS AFFAIRS

Office of Information & Technology Infrastructure Operations

IO Cybersecurity Management

ForeScout Hardware Refresh EO Network Access Control

Date: 3/26/2021

Product Description Version Number: 1.0

PRODUCT DESCRIPTION

1.0 REQUIREMENTS

The Department of Veterans Affairs, Office of Information Technology, Infrastructure Operations requires hardware refresh and maintenance for the existing ForeScout production environment.

This acquisition is to obtain ForeScout CounterACT devices with maintenance that meet the below requirements.

The Contractor shall deliver the required hardware and maintenance as described in this product description.

Base Year Period of Performance: 7/30/2021 – 7/29/2022

Line Item Description Quantity

1 ForeScout 5160 Hardware appliance

Part Number: FS-HW-5160

2 ForeScout 5160 Hardware appliance Part Number: FS-HW-5160 For COVID

3 ActiveCare Advanced 1 years – ForeScout 5160 HW appliance

Part Number: FS-AC-A-HW-5160-1

4 ActiveCare Advanced 1 years – ForeScout 5160 HW appliance Part Number: FS-AC-A-HW-5160-1 For COVID

5 Finisar FTLX8574D3BCV 10G/1G Dual Rate (10GBASE- SR and 1000BASE-SX) 400m Multimode Datacom SFP+ Optical Transceiver

Part Number: FLTX8574D3BCV

6 Finisar FTLX8574D3BCV 10G/1G Dual Rate (10GBASE- SR and 1000BASE-SX) 400m Multimode Datacom SFP+ Optical Transceiver Part Number: FLTX8574D3BCV For COVID

7 20 Pack 10Gb SFP+, Multimode 850nm SR-SFP-532-20P

Part Number: SFP-532-20P

8 20 Pack 10Gb SFP+, Multimode 850nm SR-SFP-532-20P Part Number: SFP-532-20P For COVID

Option Year 1 Period of Performance: 7/30/2022 – 7/29/2023

Line Item Description Quantity

1 ActiveCare Advanced 1 years – ForeScout 5160 HW appliance

Part Number: FS-AC-A-HW-5160-1

2 ActiveCare Advanced 1 years – ForeScout 5160 HW appliance

Part Number: FS-AC-A-HW-5160-1 For COVID

Option Year 2 Period of Performance: 7/30/2023 – 7/29/2024

Line Item Description Quantity

1 ActiveCare Advanced 1 years – ForeScout 5160 HW appliance

Part Number: FS-AC-A-HW-5160-1

2 ActiveCare Advanced 1 years – ForeScout 5160 HW appliance Part Number: FS-AC-A-HW-5160-1 For COVID

Option Year 3 Period of Performance: 7/30/2024 – 7/29/2025

Line Item Description Quantity

1 ActiveCare Advanced 1 years – ForeScout 5160 HW appliance

Part Number: FS-AC-A-HW-5160-1

2 ActiveCare Advanced 1 years – ForeScout 5160 HW appliance Part Number: FS-AC-A-HW-5160-1 For COVID

1.1 MAINTENANCE REQUIREMENTS

The Contractor shall provide maintenance in the base period and any exercised option period that includes the following:

• Direct access to engineers via vendor maintenance support

• System maintenance as needed 24x7

• Collaborative third-party assistance

Support Coverage will be provided by an authorized Vendor 24 x 7 x 4 (24 hours a day – 7 days a week with a 4-hour response time) unless otherwise specified.

The Contractor shall provide firmware upgrades, updates to include major releases, point releases, service releases and security releases of applicable firmware on a quarterly basis, and/or within forty-eight (48)-hours in cases where a high-risk vulnerability fix becomes available. The Contractor shall complete Attachment B -Deliverable Support Information (DSI) Form for the Brand Name ForeScout hardware maintenance support relating to the servers listed in the table below. This shall include service call instructions and all information required to obtain warranty and maintenance support for hardware and software maintenance and support. It shall also include but not be limited to provision of ForeScout points of contact (POC) names, phone numbers, serial keys, and any other information required to confirm and/or obtain ForeScout services. The Contractor shall complete blocks 15-32 of the form and shall submit the form electronically to: VA PM, COR, CO, CS and AACLicense@va.gov.

No payments will made or be payable until the Contractor delivers all ForeScout goods and/or services including the submission of the Attachment B – DSI Form and documentation to confirm that all ForeScout maintenance and support services, and any other ForeScout services specified in Section 1.0 Requirements above have been received and accepted by the Government.

mailto:AACLicense@va.gov

Deliverable:

Attachment B – Deliverable Support Information (DSI) Form

1.2 GRAY MARKET GOODS

The Contractor must provide only new equipment and new parts for the required products described herein; no used, refurbished, or remanufactured equipment or parts shall be provided under any circumstances. Absolutely no “Gray Market Goods” or “Counterfeit Electronic Parts” shall be provided. Gray Market Goods are defined as genuine branded goods intentionally or unintentionally sold outside of an authorized sales-territory or by non-authorized dealers in an authorized territory. All equipment shall be accompanied by the Original Equipment Manufacturer’s (OEM’s) warranty. Counterfeit Electronic Parts are defined as unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer.

Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

2.0 NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL INFORMATION

AND COMMUNICATION TECHNOLOGY (ICT) PROCUREMENTS (SECTION 508)

On January 18, 2017, the Architectural and Transportation Barriers Compliance Board (Access Board) revised and updated, in a single rulemaking, standards for electronic and information technology developed, procured, maintained, or used by Federal agencies covered by Section 508 of the Rehabilitation Act of 1973, as well as our guidelines for telecommunications equipment and customer premises equipment covered by Section 255 of the Communications Act of 1934. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities.

2.1 SECTION 508 – INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)

STANDARDS

The Section 508 standards established by the Access Board are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure ICT. These standards are found in their entirety at: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines. A printed copy of the standards will be supplied upon request.

Federal agencies must comply with the updated Section 508 Standards beginning on January 18, 2018. The Final Rule as published in the Federal Register is available from the Access Board: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule.

The Contractor shall comply with “508 Chapter 2: Scoping Requirements” for all electronic ICT and content delivered under this contract. Specifically, as appropriate for the technology and its functionality, the Contractor shall comply with the technical standards marked here:

https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule

E205 Electronic Content – (Accessibility Standard -WCAG 2.0 Level A and AA Guidelines)

E204 Functional Performance Criteria

E206 Hardware Requirements

E207 Software Requirements

E208 Support Documentation and Services Requirements

2.2 COMPATABILITY WITH ASSISTIVE TECHNOLOGY

The standards do not require installation of specific accessibility-related software or attachment of an assistive technology device. Section 508 requires that ICT be compatible with such software and devices so that ICT can be accessible to and usable by individuals using assistive technology, including but not limited to screen readers, screen magnifiers, and speech recognition software.

2.3 ACCEPTANCE AND ACCEPTANCE TESTING

Deliverables resulting from this solicitation will be accepted based in part on satisfaction of the Section 508 Chapter 2: Scoping Requirements standards identified above.

The Government reserves the right to test for Section 508 Compliance before delivery. The Contractor shall be able to demonstrate Section 508 Compliance upon Deliverables resulting from this solicitation will be accepted based in part on satisfaction of the Section 508 Chapter 2:

Scoping Requirements standards identified above.

The Government reserves the right to test for Section 508 Compliance before delivery. The Contractor shall be able to demonstrate Section 508 Compliance upon delivery.

3.0 SHIPMENT OF HARDWARE OR EQUIPMENT

Inspection: Destination Acceptance: Destination Free on Board (FOB): Destination

Ship To and Mark For:

Primary: Name: Benito Urbina Address: 1615 Woodward Street, Austin, TX 78772

Voice: 512-326-6014 Email: benito.urbina@va.gov

Alternate: Name: Andrew Null Address: 1615 Woodward Street, Austin, TX 78772

Voice: 612-232-7210 Email: Andrew.null@va.gov

Special Shipping Instructions:

Contractors shall coordinate electronic or software shipments with Site POCs to ensure that software and licensing is delivered in full. All shipments, either single or multiple container deliveries, shall bear the VA Purchase Order number on external shipping labels and associated manifests or packing lists. In the case of multiple container deliveries, a statement readable near the VA PO number shall indicate total number of containers for the complete shipment (ex. “Package 1 of 2”), clearly readable on manifests and external shipping labels.

INFORMATION SECURITY CONSIDERATIONS:

The Assessment and Authorization (A&A) requirements do not apply and a Security Accreditation Package is not required.

All VA sensitive information shall be protected at all times in accordance with local security field office System Security Plans (SSP’s) and Authority to Operate (ATO)’s for all systems/LAN’s accessed while performing the tasks detailed in this Product Description.

a. A prohibition on unauthorized disclosure: “Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA.” See VA handbook 6500.6, Appendix C, paragraph 3.a.

b. A requirement for data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph 6.a.

c. A requirement to pay liquidated damages in the event of a data breach: “In the event of a data breach or privacy incident involving SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of providing credit protection services to those individuals.” See VA handbook 6500.6, Appendix C, paragraph 7.a., 7.d.

d. A requirement for annual security/privacy awareness training: “Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall complete on an annual basis either: (i) the VA security/privacy awareness training (contains VA security/privacy requirements) within 1 week of the initiation of the contract, or (ii) security awareness training provided or arranged by the contractor that conforms to VA’s security/privacy requirements as delineated in the hard copy of the VA security awareness training provided to the contractor. If the contractor provides their own training that conforms to VA’s requirements, they will provide the COR or CO, a yearly report (due annually on the date of the contract initiation) stating that all applicable employees involved in the VA’s contract have received their annual security/privacy training that meets VA’s requirements and the total number of employees trained. See VA Handbook 6500.6, Appendix C, paragraph 9.

e. A requirement to sign VA’s Rules of Behavior: “Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall sign on annual basis an acknowledgement that they have read, understand, and agree to abide by VA’s Contractor Rules of Behavior which is attached to this contract.” See VA Handbook 6500.6, Appendix C, paragraph 9, Appendix D. Note: If a medical device vendor anticipates that the services under the contract will be performed by 10 or more individuals, the Contractor Rules of Behavior may be signed by the vendor’s designated representative. The contract must reflect by signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individuals review and understand the Contractor Rules of Behavior when accessing VA’s information and information systems.

POINT(S) OF CONTACT:

VA Program Manager:

Name: Benito Urbina Address: 1615 Woodward Street, Austin, TX 78772 Voice: 512-326-6014 Email: benito.urbina@va.gov

Customer Representative:

Name: Edward Muniz Address: 1615 Woodward St Austin, TX 78772 Voice: 512-326-6796 Email: Edward.Muniz@va.gov mailto:benito.urbina@va.gov mailto:Edward.Muniz@va.gov

Date2_af_date: 7/16/21