CONTRACT36C10A22C0012.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. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

104-21-4-8225-0009

36C10A22C0012 See 31c

36C10A21Q0060

Tommy Haire; Tommy.Haire@va.gov 512-981-4526

Department of Veterans Affairs Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724

X

541519

$30 Million

N/A

See Schedule

Y

Department of Veterans Affairs Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724

0S541

A & T SYSTEMS, INC.

12200 TECH RD STE 200

SILVER SPRING MD 20904

Y

Department of Veteran Affairs Financial Services Center P.O. Box 149971

Austin TX 78714-8971

(877) 353-9791

See CONTINUATION Page

Electronic (e-Invoicing) Invoicing

Please see schedule

$1,294,916.56 See CONTINUATION Page

IFCAP PO: 104-J25090

104-36X4539-8225-188200-2580 F005D1A00

X X

Robert K. Kately 4/29/2022 x 1

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE SCHEDULE

19.

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT PRICE

24.

AMOUNT

All products/services shall be in accordance with the Product Description, entitled “Electronic Invoicing”, dated June 16, 2021 as set forth in Section D of this Task Order.

1. The period of performance is as follows: 12-month Base Period plus Nine (9) - 12-month option periods

2. ARM: 138906

3. Inspection/Acceptance: Destination

0001 Project Management in accordance with (IAW) Performance Work Statement (PWS) Paragraph 5.1

12 Months NSP NSP

0001AA Contractor Project Management Plan IAW PWS Paragraph 5.1.1

1 LT NSP NSP

0001AB Reporting Requirements (Monthly Progress Report) IAW PWS paragraph 5.1.2

12 MO NSP NSP

0001AC Technical Kick-off Meeting Presentation and Minutes IAW PWS 5.1.3

1 EA NSP NSP

0001AD Final Section 508 Compliance Test Results IAW PWS Addendum A, paragraph A3.3.

1 EA NSP NSP

0002 e-Invoicing Solution and Vendor Expansion IAW PWS paragraph

5.2 and associated sub paragraphs

1 LOT $1.27 $1,270,000.00

19.

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT PRICE

24.

AMOUNT

1,000,000 Invoices x

1.27 per invoice = $1,270,000.00

0002AA Training Materials IAW

PWS 5.2.1

1 EA NSP NSP

0002AB System Implementation Status

IAW PWS 5.2.1

1 EA NSP NSP

0003 E-Invoicing Maintenance and Reporting IAW PWS 5.3.

12 MO $2,076.38 $24,916.56

BASE TOTAL $1,294,916.56

Option Period 1: Option for an additional 12 months of services IAW FAR 52.217-9, “Option to Extend the Term of the Contract”

1001 Project Management in accordance with (IAW) Performance Work Statement (PWS) Paragraph 5.1

12 Months NSP NSP

1001AA Contractor Project Management Plan IAW PWS Paragraph 5.1.1

1 LT NSP NSP

1001AB Reporting Requirements (Monthly Progress Report) IAW PWS paragraph 5.1.2

12 MO NSP NSP

1002 e-Invoicing Solution and Vendor Expansion IAW PWS paragraph

5.2 and associated sub paragraphs

1,050,000 Invoices x

1.30 per invoice = $1,365,000.00

1 LOT $1.30 $1,365,000.00

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT PRICE

24.

AMOUNT

1002AA Training Materials IAW

PWS 5.2.1

1 EA NSP NSP

0002AB System Implementation Status

IAW PWS 5.2.1

1 EA NSP NSP

1003 E-Invoicing Maintenance and Reporting IAW PWS 5.3.

12 MO $2,128.28 $25,539.36

OPTION PERIOD ONE TOTAL $1,390,539.36

Option Period 2: Option for an additional 12 months of services IAW FAR 52.217-9, “Option to Extend the Term of the Contract”

2001 Project Management in accordance with (IAW) Performance Work Statement (PWS) Paragraph 5.1

12 Months NSP NSP

2001AA Contractor Project Management Plan IAW PWS Paragraph 5.1.1

1 LT NSP NSP

2001AB Reporting Requirements (Monthly Progress Report) IAW PWS paragraph 5.1.2

12 MO NSP NSP

2002 e-Invoicing Solution and Vendor Expansion IAW PWS paragraph

5.2 and associated sub paragraphs

1,102,500 Invoices x

1.32 per invoice = $1,455,300.00

1 LOT $1.32 $1,455,300.00

2002AA Training Materials IAW

PWS 5.2.1

1 EA NSP NSP

2002AB System Implementation Status

IAW PWS 5.2.1

1 EA NSP NSP

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT PRICE

24.

AMOUNT

2003 E-Invoicing Maintenance and Reporting IAW PWS 5.3.

12 MO $2,181.49 $26,177.88

OPTION PERIOD TWO TOTAL $1,481,477.88

Option Period 3: Option for an additional 12 months of services IAW FAR 52.217-9, “Option to Extend the Term of the Contract”

3001 Project Management in accordance with (IAW) Performance Work Statement (PWS) Paragraph 5.1

12 Months NSP NSP

3001AA Contractor Project Management Plan IAW PWS Paragraph 5.1.1

1 LT NSP NSP

3001AB Reporting Requirements (Monthly Progress Report) IAW PWS paragraph 5.1.2

12 MO NSP NSP

3002 e-Invoicing Solution and Vendor Expansion IAW PWS paragraph

5.2 and associated sub paragraphs

1,157,625 Invoices x 135 per invoice = $1,562,793.75

1 LOT $1,562,793.75 $1,562,793.75

3002AA Training Materials IAW

PWS 5.2.1

1 EA NSP NSP

3002AB System Implementation Status

IAW PWS 5.2.1

1 EA NSP NSP

3003 E-Invoicing Maintenance and Reporting IAW PWS 5.3.

12 MO $2,236.03 $26,832.36

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT PRICE

24.

AMOUNT

OPTION PERIOD THREE TOTAL $1,589,626.11

Option Period 4: Option for an additional 12 months of services IAW FAR 52.217-9, “Option to Extend the Term of the Contract”

4001 Project Management in accordance with (IAW) Performance Work Statement (PWS) Paragraph 5.1

12 Months NSP NSP

4001AA Contractor Project Management Plan IAW PWS Paragraph 5.1.1

1 LT NSP NSP

4001AB Reporting Requirements (Monthly Progress Report) IAW PWS paragraph 5.1.2

12 MO NSP NSP

4002 e-Invoicing Solution and Vendor Expansion IAW PWS paragraph

5.2 and associated sub paragraphs

1,215,506 Invoices x

1.39 per invoice = $1,689,553.69

1 LOT $1.39 $1,689,553.69

4002AA Training Materials IAW

PWS 5.2.1

1 EA NSP NSP

4002AB System Implementation Status

IAW PWS 5.2.1

1 EA NSP NSP

4003 E-Invoicing Maintenance and Reporting IAW PWS 5.3.

12 MO $2,291.93 $27,503.16

OPTION PERIOD FOUR TOTAL $1,717,056.85

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT PRICE

24.

AMOUNT

Option Period 5: Option for an additional 12 months of services IAW FAR 52.217-9, “Option to Extend the Term of the Contract”

5001 Project Management in accordance with (IAW) Performance Work Statement (PWS) Paragraph 5.1

12 Months NSP NSP

5001AA Contractor Project Management Plan IAW PWS Paragraph 5.1.1

1 LT NSP NSP

5001AB Reporting Requirements (Monthly Progress Report) IAW PWS paragraph 5.1.2

12 MO NSP NSP

5002 e-Invoicing Solution and Vendor Expansion IAW PWS paragraph

5.2 and associated sub paragraphs

1,276,282 Invoices x

1.28 per invoice = $1,633,640.40

1 LOT $1.28 $1,633,640.40

5002AA Training Materials IAW

PWS 5.2.1

1 EA NSP NSP

5002AB System Implementation Status

IAW PWS 5.2.1

1 EA NSP NSP

5003 E-Invoicing Maintenance and Reporting IAW PWS 5.3.

12 MO $2,349.23 $28,190.76

OPTION PERIOD FIVE TOTAL $1,661,831.16

Option Period 6: Option for an additional 12 months of services IAW FAR 52.217-9, “Option to Extend the Term of the Contract”

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT PRICE

24.

AMOUNT

6001 Project Management in accordance with (IAW) Performance Work Statement (PWS) Paragraph 5.1

12 Months NSP NSP

6001AA Contractor Project Management Plan IAW PWS Paragraph 5.1.1

1 LT NSP NSP

6001AB Reporting Requirements (Monthly Progress Report) IAW PWS paragraph 5.1.2

12 MO NSP NSP

6002 e-Invoicing Solution and Vendor Expansion IAW PWS paragraph

5.2 and associated sub paragraphs

1,340,096 Invoices x

1.31 per invoice = $1,755,525.29

1 LOT $1.31 $1,755,525.29

6002AA Training Materials IAW

PWS 5.2.1

1 EA NSP NSP

6002AB System Implementation Status

IAW PWS 5.2.1

1 EA NSP NSP

6003 E-Invoicing Maintenance and Reporting IAW PWS 5.3.

12 MO $2,407.96 $28,895.52

OPTION PERIOD SIX TOTAL $1,784,420.81

Option Period 7: Option for an additional 12 months of services IAW FAR 52.217-9, “Option to Extend the Term of the Contract”

7001 Project Management in accordance with (IAW) Performance Work Statement (PWS) Paragraph 5.1

12 Months NSP NSP

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT PRICE

24.

AMOUNT

7001AA Contractor Project Management Plan IAW PWS Paragraph 5.1.1

1 LT NSP NSP

7001AB Reporting Requirements (Monthly Progress Report) IAW PWS paragraph 5.1.2

12 MO NSP NSP

7002 e-Invoicing Solution and Vendor Expansion IAW PWS paragraph

5.2 and associated sub paragraphs

1,407,100 Invoices x

1.33 per invoice = $1,871,443.56

1 LOT $1.33 $1,871,443.56

7002AA Training Materials IAW

PWS 5.2.1

1 EA NSP NSP

7002AB System Implementation Status

IAW PWS 5.2.1

1 EA NSP NSP

7003 E-Invoicing Maintenance and Reporting IAW PWS 5.3.

12 MO $2,468.16 $29,617.92

OPTION PERIOD SEVEN TOTAL $1,901,061.48

Option Period 8: Option for an additional 12 months of services IAW FAR 52.217-9, “Option to Extend the Term of the Contract”

8001 Project Management in accordance with (IAW) Performance Work Statement (PWS) Paragraph 5.1

12 Months NSP NSP

8001AA Contractor Project Management Plan IAW PWS Paragraph 5.1.1

1 LT NSP NSP

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT PRICE

24.

AMOUNT

8001AB Reporting Requirements (Monthly Progress Report) IAW PWS paragraph 5.1.2

12 MO NSP NSP

8002 e-Invoicing Solution and Vendor Expansion IAW PWS paragraph

5.2 and associated sub paragraphs

1,477,455 Invoices x

1.36 per invoice = $2,009,339.40

1 LOT $1.36 $2,009,339.40

8002AA Training Materials IAW

PWS 5.2.1

1 EA NSP NSP

8002AB System Implementation Status

IAW PWS 5.2.1

1 EA NSP NSP

8003 E-Invoicing Maintenance and Reporting IAW PWS 5.3.

12 MO $2,529.86 $30,358.32

OPTION PERIOD EIGHT TOTAL $2,039,697.72

Option Period 9: Option for an additional 12 months of services IAW FAR 52.217-9, “Option to Extend the Term of the Contract”

9001 Project Management in accordance with (IAW) Performance Work Statement (PWS) Paragraph 5.1

12 Months NSP NSP

9001AA Contractor Project Management Plan IAW PWS Paragraph 5.1.1

1 LT NSP NSP

9001AB Reporting Requirements (Monthly Progress Report) IAW PWS paragraph 5.1.2

12 MO NSP NSP

ITEM #

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT PRICE

24.

AMOUNT

9002 e-Invoicing Solution and Vendor Expansion IAW PWS paragraph

5.2 and associated sub paragraphs

1,551,328 Invoices x

1.30 per invoice = $2,016,726.68

1 LOT $1.30 $2,016,726.68

9002AA Training Materials IAW

PWS 5.2.1

1 EA NSP NSP

9002AB System Implementation Status

IAW PWS 5.2.1

1 EA NSP NSP

9003 E-Invoicing Maintenance and Reporting IAW PWS 5.3.

12 MO $2,593.11 $31,117.32

OPTION PERIOD NINE TOTAL $2,047,844.00

ITEM #

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

OPTIONAL TASKS: IAW FAR 52.217-7, “Option for Increased Quantity - Separately Priced Line Item” Optional Items be may ordered at one time or from time to time during base and option periods.

This optional task may be exercised between the base period and Option Year 9.

10001 Reporting & Invoice Spend Analysis Tool IAW

PWS Section 5.4

10 LT $419,230.00 $4,192,300.00

10002 Hypercare Support Services IAW PWS 5.5 This is a NTE LH CLIN. Total not to exceed amount is based on 2500 hours for each Lot.

Contractor shall not exceed the total amount for each Lot. Billing shall be based on the following rates:

LCAT Rate Total

10 LT $370,160.00 $3,701,600.00

Application Developer $183.06 $ 91,530.00

Applications Programmer $167.24 $ 83,620.00

Software Engineer $164.98 $ 82,490.00

Help Desk Technician $46.50 $ 3,250.00

Software Developer $178.54 $ 89,270.00

Contractor may invoice monthly based on actual number of hours incurred.

*The NTE amount may be modified throughout the life of the contract.

10003 Transition Services IAM PWS Section 5.6 NSP NSP

10003AA RESERVED

10003AB End Of Term IAW PWS Section 5.6.2 Including Transition Plan, Data, Information and Webform Accounts

1 LT $150,000.00 $150,000.00

10004 e-Invoicing Solution and Vendor Expansion IAW PWS paragraph 5.2 and associated sub paragraphs for up to 9M additional transactions in addition to the base and option period transactions. This CLIN can be exercised for any quantity at one time or from time to time throughout the entirety of the contract period of performance.

9 LT $880,000.00 $7,920,000.00

OPTIONAL TASK TOTAL $15,963,900.00

TOTAL CONTRACT VALUE (INCLUSIVE OF ALL OPTIONS) $32,872,371.93

Governing Law (continuation of Schedule of Supplies and Services above):

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, as permitted by FAR 12.212. 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. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-

14. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ in accordance with 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 made 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.

(c) Any telephone support provided by contractor shall be at no additional cost.

(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 http://www.ppirs.gov/ 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

b. GOVERNMENT: Contracting Officer 36C10A See Block 31b Department of Veterans Affairs 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] Upon inspection, testing, and acceptance of services.

Each CLIN may be invoiced/paid separately

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.

See website at:

http://www.fsc.va.gov/einvoice.asp

B.3 ACCOUNTING AND APPROPRIATION DATA:

Funds ae obligated per the following:

Action CLIN IFCAP Reference

Obligation Amount

Cumulative Obligation

Base Award 0001 – 0003 104-J25090 $1,294,916.56 $1,294,916.56

SECTION C - CONTRACT CLAUSES

I. 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 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/

(End of Clause)

FAR

Number

Title Date

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO

THE GOVERNMENT - ALT I

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES

JUL 2018

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

AUG 2019

52.222-50 COMBATING TRAFFICKING IN PERSONS OCT 2020

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGEMENT

DEC 2007

52.227-14 RIGHTS IN DATA- GENERAL MAY 2014

52.227-16 ADDITIONAL DATA REQUIREMENTS JUN 1987

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 2007

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 ACCELERATED PAYMENTS TO SMALL BUSINESS DEC 2013

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.239-1 PRIVACY OR SECURITY SAFEGUARDS AUG 1996

52.242-13 BANKRUPTCY JUL 1995

C.2 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (Jun 2016)

(a) Definitions. As used in this clause–

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

C.3 FAR 52.217-7 - OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED

LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option at award or by written notice to the Contractor during the life of the contract, including exercised option periods. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.4 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 at least 10 days before the period of performance expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 20 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 120 months.

(End of Clause)

C.5 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.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 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.

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

Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724.

[X] 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.

[X] 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.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

(End of Clause)

II FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS

ALTERNATVE I (JAN 2017) (APPLICALBE TO CLIN 10002)

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent.

The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(b) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) "Materials" means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(c) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’."]

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert ‘None’)."]

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor’s timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5)…