C03 NNG15SD42B 36C10A21F0052.pdf

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Attached to: DA10--ShareGate 21-SW0073 (SW4873) Maintenance (New work) (VA-21-00001499)
Solicitation number: 36C10A21Q0026
Issued by: Department of Veterans Affairs Technology Acquisition Center Austin

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PAGE 1 OF 21 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

TAC-Austin

200-21-2-3126-0067

NNG15SD42B 2/25/2021 36C10A21F0052 36C10A21Q0026

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

Department of Veterans Affairs

Office of Acquisition Operations

Technology Acquisition Center - Austin

1701 Directors Blvd, Suite 600

Austin TX 78744

541519

150 Employees

Net 30 N/A

See Schedule

Department of Veterans Affairs

Technology Acquisition Center - Austin

1701 Directors Blvd, Suite 600

Austin TX 78744

7KEA6

Architecture Solutions, LLC

11325 Random Hills Road

Suite 360

Fairfax, VA 22030

(412) 657-2219 080130087

Department of Veteran Affairs

Financial Services Center

P.O. Box 149971

Austin TX 78714-8971

(877) 353-9791

See CONTINUATION Page

ShareGate Software Maintenance - See Schedule

$11,849.00

200-36X4539-3126-193000-2324 F00100026 200-J16105

X X

X Quote # 176114 11/30/2020

Kari L. Cozzens

12/18/2020

NNG15SD42B 36C10A21F0052

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, “FY21 Software Maintenance for

ShareGate”, dated October 14, 2020.

BASE PERIOD OF PERFORMANCE: 02/25/2021 – 02/24/2022

19.

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

ARM No.: 101583 IFCAP: 200-J16105

FOB/Inspection/Acceptance: Destination

0001 Description: Maintenance SW- Sharegate for Nintex (25 Users) License Metric: Per User License Duration: Subscription OEM: Sharegate Mfg Part No: SHG-P-495-25-12 MCC: A00 AppCode: WEB Location: PITC

1 EACH $11,849.00 $11,849.00

Deliverable Support Information:

The Contractor shall complete the Deliverable Support Information form (DSI) for maintenance support. The Contractor shall fill in blocks 15-32. Note for Multiple CLINs: For asset specific information that applies to multiple CLINs, provide an attachment correlating any asset specific information to specific CLINS. (For example: Serial Numbers or License Keys). The Contractor shall provide Original Equipment Manufacturer (OEM) confirmation that all software support or licenses have been purchased. The Contractor shall provide service call instructions to include all information required to obtain maintenance, support or licenses.

The form shall be submitted electronically to: VA PM, COR, CO and AACLicense@va.gov

NSP NSP

TOTAL BASE PERIOD: $11,849.00

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

Period of Performance: 02/25/2022 – 02/24/2023

ARM No.: TBD IFCAP: TBD

FOB/Inspection/Acceptance: Destination mailto:AACLicense@va.gov

19.

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1001 Description: Maintenance SW- Sharegate for Nintex (25 Users) License Metric: Per User License Duration: Subscription OEM: Sharegate Mfg Part No: SHG-P-495-25-12 MCC: A00 AppCode: WEB Location: PITC

1 EACH $13,000.55 $13,000.55

Deliverable Support Information:

The form shall be submitted electronically to: VA PM, COR, CO and

TOTAL OPTION PERIOD: $13,000.55

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

Period of Performance: 02/25/2023 – 02/24/2024

ARM No.: TBD IFCAP: TBD

FOB/Inspection/Acceptance: Destination

2001 Description: Maintenance SW- Sharegate for Nintex (25 Users) License Metric: Per User License Duration: Subscription OEM: Sharegate Mfg Part No: SHG-P-495-25-12 MCC: A00 AppCode: WEB Location: PITC

1 EACH $14,301.35 $14,301.35

Deliverable Support Information:

The Contractor shall complete the Deliverable Support Information form (DSI) for maintenance support. The Contractor shall fill in blocks 15-32. Note for Multiple CLINs: For asset specific

19.

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

information that applies to multiple CLINs, provide an attachment correlating any asset specific information to specific CLINS. (For example: Serial Numbers or License Keys). The Contractor shall provide Original Equipment Manufacturer (OEM) confirmation that all software support or licenses have been purchased. The Contractor shall provide service call instructions to include all information required to obtain maintenance, support or licenses.

The form shall be submitted electronically to: VA PM, COR, CO and AACLicense@va.gov

TOTAL OPTION PERIOD: $14,301.35

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

Period of Performance: 02/25/2024 – 02/24/2025

ARM No.: TBD IFCAP: TBD

FOB/Inspection/Acceptance: Destination

3001 Description: Maintenance SW- Sharegate for Nintex (25 Users) License Metric: Per User License Duration: Subscription OEM: Sharegate Mfg Part No: SHG-P-495-25-12 MCC: A00 AppCode: WEB Location: PITC

1 EACH $15,730.70 $15,730.70

Deliverable Support Information:

The form shall be submitted electronically to: VA PM, COR, CO and

19.

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

TOTAL OPTION PERIOD: $15,730.70

OPTION PERIOD 4: Option for an additional twelve months of maintenance IAW FAR 52.217- 9, “Option to Extend the Term of the Contract”.

Period of Performance: 02/25/2025 – 02/24/2026

ARM No.: TBD IFCAP: TBD

FOB/Inspection/Acceptance: Destination

4001 Description: Maintenance SW- Sharegate for Nintex (25 Users) License Metric: Per User License Duration: Subscription OEM: Sharegate Mfg Part No: SHG-P-495-25-12 MCC: A00 AppCode: WEB Location: PITC

1 EACH $17,303.75 $17,303.75

Deliverable Support Information:

The form shall be submitted electronically to: VA PM, COR, CO and

TOTAL OPTION PERIOD: $17,303.75

Total Order Value (inclusive of all options) $72,185.35

All products/services shall be in accordance with the Product Description, entitled “FY21

Software Maintenance for ShareGate”, dated October 14, 2020 as set forth in Section D of this

Task Order.

1. Inspection/Acceptance: Destination

2. Delivery Address/Point of Contact: See Product Description

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 effected by a warranted Contracting Officer.

Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.

SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT:

(1) Definitions.

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

(b) Licensor. The term “licensor” shall mean the contractor having the necessary license or ownership rights to deliver license, software maintenance and support of the computer software being acquired. The term “contractor” is the party identified in Block 17a on the SF1449. If the contractor is a reseller and not the Licensor, the contractor remains responsible for performance under this order.

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

(d) Maintenance. The term “maintenance” is the process of enhancing and optimizing software, as well as remedying defects. It shall include all new fixes, patches, releases, updates, versions and upgrades, as further defined below.

(e) Technical Support. The term “technical support” refers to the range of services providing assistance for the software via the telephone, email, a website or otherwise.

(f) Release or Update. The term “release” or “update” are terms that refer to a revision of software that contains defect corrections, minor enhancements or improvements of the software’s functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware.

(g) Version or Upgrade. The term “version” or “upgrade” are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version 5.4 to 6).

(2) Software License

(a) Unless otherwise stated in the Schedule of Supplies/Services, the Performance Work Statement or Product Description, the software license provided to the Government is a perpetual, nonexclusive license to use the software

(b) The Government may use the software in a networked environment.

(c) Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d).

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

(3) Software Maintenance and Technical Support

(a) If the Government desires to continue software maintenance and support beyond the period of performance identified in this contract or order, the Government will issue a separate contract or order for maintenance and support. Conversely, if a contract or order for continuing software maintenance and technical support is not received the contractor is neither authorized nor permitted to renew any of the previously furnished services.

(b) The contractor shall provide software support services, which includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the contractor to its commercial customers so as to cause the software to perform according to its specifications, documentation or demonstrated claims.

(d) The contractor shall provide all maintenance services in a timely manner in accordance with the contractor’s customary practice or as defined in the Performance Work Statement/Product Description. However, prolonged delay (exceeding 2 business days) in resolving software problems will be noted in the Government’s various past performance records on the contractor (e.g., www.ppirs.gov).

(e) If the Government allows the maintenance and support to lapse and subsequently wishes to reinstate it, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed the subscription to lapse.

(4) Disabling Software Code. The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such disabling code is present, the contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the contractor agrees to remove such code upon the Government’s request at no extra cost to the Government.

Inability of the contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of contract, and the Government may exercise its right to terminate for cause. In addition, the Government is permitted to remove the code as it deems appropriate and charge the Contractor for consideration for the time and effort expended in removing the code.

Manuals and Publications. Upon Government request, the contractor shall furnish the most current version of the user manual and publications for all products/services provided under this contract or order at no cost.

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 http://www.ppirs.gov/

Department of Veterans Affairs

Office of Acquisition Operations Technology Acquisition Center - Austin 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 $11,849.00 are obligated in IFCAP Order Number 200-J16105 to fund CLINs 0001 – 0002. 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—

COMMERCIAL ITEMS

The following clauses are incorporated into 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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

Oct 2018

52.227-1 Authorization and Consent Jun 2020

52.227-2 Patent and Copyright Infringement Jun 2020

52.227-19 Commercial Computer Software License Dec 2007

(End of Clause)

C.3 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 5 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(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 5 years.

(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.

[] 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.

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

[] 852.233–71, Alternate Protest Procedure.

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

[] 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)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

Product Description (PD)

DEPARTMENT OF VETERANS AFFAIRS

Office of Information & Technology Infrastructure Operations

FY21 Software Maintenance for

ShareGate

VA-21-00001499

Date: October 14, 2020 Product Description Version Number: 1.0

NASA SEWP: NNG15SD42B

Order Number: 36C10A21F0052

Request for Quote: 36C10A21Q0026

PRODUCT REQUIREMENTS

The Department of Veterans Affairs (VA), Office of Information and Technology (OI&T), Information Technology Operations and Services (ITOPS), Infrastructure Operations requires software maintenance for the following ShareGate software products currently in use at the VA.

The Contractor shall provide one (1) telephone number and/or a point of contact for VA to contact and for opening maintenance service calls. The Contractor shall provide secure connection capabilities for the downloading of software updates and/or the uploading of diagnostic information. The preferred protocol for transfer is Secure File Transfer Protocol

(SFTP). This requirement is for Original Equipment Manufacturer (OEM) software maintenance support, as identified in the table below.

All deliverables, including the Delivery Support Information Form, will be through the

AACLicense@VA.GOV mailbox. Deliverables will include updated software licensing information and instructions on how to place service requests. Payment of invoices will not be made without proper distribution of the deliverables. The Period of Performance (POP) is

February 25, 2021 – February 24, 2022 with four (4) 12-month Option Periods.

The Contractor shall provide the following:

Base Period

Item

No.

Product Description QTY Unit

Control No: SW4873

Description: Maintenance SW-Sharegate for Nintex (25 Users)

License Metric: Per User License Duration: Subscription

OEM: Sharegate

Mfg Part No: SHG-P-495-25-12

HW Serial No: Not Available

MCC: A00 AppCode: WEB

Location: PITC

1 EA

Deliverable Support Information:

The Contractor shall complete the Deliverable Support Information form (DSI) for maintenance support. The Contractor shall fill in blocks

15-32. Note for Multiple CLINs: For asset specific information that applies to multiple CLINs, provide an attachment correlating any asset specific information to specific CLINS. (For example: Serial

Numbers or License Keys). The Contractor shall provide Original

Equipment Manufacturer (OEM) confirmation that all software support or licenses have been purchased. The Contractor shall provide service call instructions to include all information required to obtain maintenance, support or licenses.

The form shall be submitted electronically to: VA PM, COR, CO and

AACLicense@va.gov

NSP NSP

mailto:AACLicense@VA.GOV

Option Period 1

The Period of Performance is February 25, 2022 – February 24, 2023 unless otherwise noted in the Description block in the table below.

Item

No.

Product Description QTY Unit

Control No: SW4873

Description: Maintenance SW-Sharegate for Nintex (25 Users)

License Metric: Per User License Duration: Subscription

OEM: Sharegate

Mfg Part No: SHG-P-495-25-12

HW Serial No: Not Available

MCC: A00 AppCode: WEB

Location: PITC

1 EA

Deliverable Support Information:

The Contractor shall complete the Deliverable Support Information form (DSI) for maintenance support. The Contractor shall fill in blocks

15-32. Note for Multiple CLINs: For asset specific information that applies to multiple CLINs, provide an attachment correlating any asset specific information to specific CLINS. (For example: Serial

Numbers or License Keys). The Contractor shall provide Original

The form shall be submitted electronically to: VA PM, COR, CO and

Option Period 2

The Period of Performance is February 25, 2023 – February 24, 2024 unless otherwise noted in the Description block in the table below.

Item

No.

Product Description QTY Unit

Control No: SW4873

Description: Maintenance SW-Sharegate for Nintex (25 Users)

License Metric: Per User License Duration: Subscription

OEM: Sharegate

Mfg Part No: SHG-P-495-25-12

HW Serial No: Not Available

1 EA

Item

No.

Product Description QTY Unit

MCC: A00 AppCode: WEB

Location: PITC

Deliverable Support Information:

The Contractor shall complete the Deliverable Support Information form (DSI) for maintenance support. The Contractor shall fill in blocks

15-32. Note for Multiple CLINs: For asset specific information that applies to multiple CLINs, provide an attachment correlating any asset specific information to specific CLINS. (For example: Serial

Numbers or License Keys). The Contractor shall provide Original

The form shall be submitted electronically to: VA PM, COR, CO and

Option Period 3

The Period of Performance is February 25, 2024 – February 24, 2025 unless otherwise noted in the Description block in the table below.

Item

No.

Product Description QTY Unit

Control No: SW4873

Description: Maintenance SW-Sharegate for Nintex (25 Users)

License Metric: Per User License Duration: Subscription

OEM: Sharegate

Mfg Part No: SHG-P-495-25-12

HW Serial No: Not Available

MCC: A00 AppCode: WEB

Location: PITC

1 EA

Deliverable Support Information:

The Contractor shall complete the Deliverable Support Information form (DSI) for maintenance support. The Contractor shall fill in blocks

15-32. Note for Multiple CLINs: For asset specific information that applies to multiple CLINs, provide an attachment correlating any asset specific information to specific CLINS. (For example: Serial

Numbers or License Keys). The Contractor shall provide Original

Equipment Manufacturer (OEM) confirmation that all software support or licenses have been purchased. The Contractor shall provide

Item

No.

Product Description QTY Unit service call instructions to include all information required to obtain maintenance, support or licenses.

The form shall be submitted electronically to: VA PM, COR, CO and

Option Period 4

The Period of Performance is February 25, 2025 – February 24, 2026 unless otherwise noted in the Description block in the table below.

Item

No.

Product Description QTY Unit

Control No: SW4873

Description: Maintenance SW-Sharegate for Nintex (25 Users)

License Metric: Per User License Duration: Subscription

OEM: Sharegate

Mfg Part No: SHG-P-495-25-12

HW Serial No: Not Available

MCC: A00 AppCode: WEB

Location: PITC

1 EA

Deliverable Support Information:

The Contractor shall complete the Deliverable Support Information form (DSI) for maintenance support. The Contractor shall fill in blocks

15-32. Note for Multiple CLINs: For asset specific information that applies to multiple CLINs, provide an attachment correlating any asset specific information to specific CLINS. (For example: Serial

Numbers or License Keys). The Contractor shall provide Original

The form shall be submitted electronically to: VA PM, COR, CO and

AACLicense@va.gov

NSP NSP

NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL

INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)

PRCUREMENTS (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.

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:

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

Compatibility 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.

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.

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

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.

SHIPMENT OF SOFTWARE

INSPECTION: Destination

ACCEPTANCE: Destination

FREE ON BOARD (FoB): Destination

SHIP TO AND MARK FOR: All delivery will be electronic delivery of software and software licenses to AAClicense@va.gov (see Deliverable Support Information CLIN) and provide notice to:

Primary:

Name: Anh-Thu Chu

Address 1615 Woodward St. Austin, TX 78772

Voice: (512) 981-4865

Email: Anh-Thu.Chu @va.gov

Alternate:

Name: IT Asset Management Software Team

Address: 1615 Woodward St. Austin, TX 78772

Email: OITITOPSSOIOBUSFBOITAMSoftware@va.gov

VA Technical Reference Model

The Contractor shall support the VA enterprise management framework. In association with the framework, the Contractor shall comply with OI&T Technical Reference Model (VA TRM). The

VA TRM is one component within the overall Enterprise Architecture (EA) that establishes a common vocabulary and structure for describing the information technology used to develop, operate, and maintain enterprise applications. Moreover, the VA TRM, which includes the

Standards Profile and Product List, serves as a technology roadmap and tool for supporting

OI&T. Architecture & Engineering Services (AES) has overall responsibility for the VA TRM.

POINTS OF CONTACT

VA Program Manager:

Name: Mark Kelley Address: 1615 Woodward St., Austin, TX 78744 Voice: (512) 326-6331 Email: mark.kelley2@va.gov

Contracting Officer’s Representative:

mailto:AAClicense@va.gov mailto:anh-thu.chu@va.gov mailto:anh-thu.chu@va.gov mailto:OITITOPSSOIOBUSFBOITAMSoftware@va.gov

Name: Lisa Pavlides Voice: (512) 326-6130 Email: Lisa.Pavlides@va.gov

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 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/Subcontractor 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.” This clause expressly limits the Contractor/Subcontractor’s rights to use data as described in Rights in Data – General, FAR 52.227-14(d).(1).

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 notify the COR and simultaneously, 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.

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.” However, it is the policy of VA to forgo collection of liquidated damages in the event the Contractor provides payment of actual damages in an amount determined to be adequate by the agency.

Based on the determinations of the independent risk analysis, the Contractor shall be responsible for paying to VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

1) Notification;

2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

3) Data breach analysis;

4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs

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 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.

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, and 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.

Attachment 1: Deliverable Support Information Form

	2020-12-18T10:07:25-0600
Kari L. Cozzens 148630

File details come from the government source that posted it. Updated Feb 18, 2021.