RFQ_DHQCSD18MPC022.docx

HC102817R0136

Section SF 1449 - CONTINUATION SHEET

Software Maintenance

FFP

Software Maintenance Renewal of Innovation Data Processing (IDP) products.

See attached 'Equipment List' at the bottom for a complete listing of products.

Period of Performance (PoP): 1 OCT 2017 - 30 SEP 2018 Funds are subject to availability in accordance with FAR 52.232-18 FOB: Destination

NET AMT

FFP

Software Maintenance Renewal of Innovation Data Processing (IDP) products.

See attached 'Equipment List' at the bottom for a complete listing of products.

Period of Performance (PoP): 1 OCT 2018 - 30 SEP 2019

NET AMT

FFP

Software Maintenance Renewal of Innovation Data Processing (IDP) products.

See attached 'Equipment List' at the bottom for a complete listing of products.

Period of Performance (PoP): 1 OCT 2019 - 30 SEP 2020

NET AMT

FFP

Software Maintenance Renewal of Innovation Data Processing (IDP) products.

See attached 'Equipment List' at the bottom for a complete listing of products.

Period of Performance (PoP): 1 OCT 2020 - 30 SEP 2021

NET AMT

FFP

Software Maintenance Renewal of Innovation Data Processing (IDP) products.

See attached 'Equipment List' at the bottom for a complete listing of products.

Period of Performance (PoP): 1 OCT 2021 - 30 SEP 2022

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2018

5450 CARLISLE PIKE

BUILDING 312 SOUTH, PO BOX 2045

MECHANICSBURG PA 17055-0975

THERESA STOPFEL

717-605-5131

H98272

30-SEP-2019

H98272

30-SEP-2020

H98272

30-SEP-2021

H98272

30-SEP-2022

H98272

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-9000 POINTS OF CONTACT (AUG 2005)

Contracting Officer Name: Cindy Goshorn Organization/Office Symbol: DISA/DITCO/PL833 Phone No.: 717-267-5707 E-Mail Address: cindy.m.goshorn.civ@mail.mil

Contract Specialist Name: Cindy Goshorn Organization/Office Symbol: DISA/DITCO/PL833 Phone No.: 717-267-5707 E-Mail Address: cindy.m.goshorn.civ@mail.mil

COR/Mission Partner Point of Contact (Note: To be filled in upon contract award) Name:

Organization/Office Symbol:

Phone No.:

E-Mail Address:

Contractor Point of Contact Contractor Legal Business Name:

DUNS:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Fax Number:

(End of clause)

52.204-9001 CONTRACT/ORDER CLOSEOUT—FIXED-PRICE, TIME-AND-MATERIALS, OR LABOR-HOURS (JAN 2007)

Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. A Contractor’s failure to respond and/or sign the bilateral closeout modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.

If this contract/order contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.

52.209-9000 ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (DEC 2014)

(a) An offeror shall identify in its proposal, quote, bid or any resulting contract, any potential or actual Organizational and Consultant Conflicts of Interest (OCCI) as described in FAR Subpart 9.5. This includes actual or potential conflicts of interests of proposed subcontractors. If an offeror identifies in its proposal, quote, bid or any resulting contract, a potential or actual conflict of interests the offeror shall submit an Organizational and Consultant Conflicts of Interest Mitigation Plan to the contracting officer. The Organizational and Consultant Conflicts of Interest Mitigation Plan shall describe how the offeror addresses potential or actual conflicts of interest and identify how they will avoid, neutralize, or mitigate present or future conflicts of interest.

(b) Offerors must consider whether their involvement and participation raises any OCCI issues, especially in the following areas when:

(1) Providing systems engineering and technical direction.

(2) Preparing specifications or work statements and/or objectives.

(3) Providing evaluation services.

(4) Obtaining access to proprietary information.

(c) If a prime contractor or subcontractor breaches any of the OCCI restrictions, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.

52.237-9001 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (eCMRA) REPORTING (JAN 2015)

The contractor shall ensure ALL contractor labor hours including subcontractor, at all levels/tiers, labor hours required for the performance of services provided under this contract are reported via a secure data collection site.

The contractor and all subcontractors, at all levels/tiers, providing direct labor under this contract shall report complete and accurate data for the labor executed during the period of performance during each Government fiscal year (FY), which runs from October 1 to September 30. The Contractor shall input the data into the appropriate eCMRA reporting tool, which can be accessed via a secure web site at http://www.ecmra.mil/. There are four separate eCMRA tools: Army, Air Force, Navy and All Other Defense Components. The appropriate eCMRA reporting tool to use is determined by the requiring activity being supported (e.g., if DISA awards a contract for an Air Force requiring activity, the contractor shall load the required reporting data in the “Department of Air Force CMRA” tool). While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. The contractor shall completely fill in all required data fields. The contractor shall enter initial data into the appropriate eCMRA tool to establish the basic contract record no later than 15 working days after receipt of contract award or contract modification incorporating this clause. The contractor shall notify the COR when the basic contract record has been established in the appropriate eCMRA tool.

eCMRA User Manuals and Frequently Asked Questions (FAQs) are available at http://www.ecmra.mil/

Contractors may direct technical questions to the eCMRA help desk at usaf.pentagon.saf-aq.mbx.cmra-help-desk-dod@mail.mil

SECTION 508

508 SECTION

SECTION 508 INFORMATION

a. Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) requires Federal agencies acquiring Electronic and Information Technology (EIT) to ensure that Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities.

b. All EIT procured under this contract/order must meet the following 36 CFR 1194 accessibility standards. The full text of the accessibility standards is available at: http://www.accessboard.gov/sec508/508standards.htm %�. X - Software Applications and Operating Systems %�. - Web Based Intranet and Internet Information and Applications %�. - Telecommunications Products %�. - Video and Multimedia Products %�. - Self-Contained, Closed Products %�. - Desktop and Portable Computers

1194.41 - Information, Documentation and Support Functional Performance Criteria is the minimally acceptable standards to ensure Section 508 compliance. This block should also be checked to ensure that the minimally acceptable EIT is proposed.

Functional Performance Criteria

1194.31 - Functional Performance Criteria

c. The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device(s), but merely require that the EIT be compatible with such software and device(s) so that it can be made accessible if so required in the future.

d. Contractors may propose products or services that result in substantially equivalent or greater access to and use by individuals with disabilities; this is known as equivalent facilitation.

EQUIPMENT LIST

FDR 4 MSU upgrade

FDREPORT 4 MSU upgrade

Site Total

T&C

DISA ISC ADDITIONAL TERMS & CONDITIONS:

a. Software entitlements extend to DISA organizations, DoD customers, Federal government customers, and authorized agents. The software products maintained under the contract may also be used by DISA contractors under obligation of non-disclosure(s) solely for the benefit of DISA. DISA shall ensure that each person authorized to use the software is informed of, and agrees to conform to the obligations of DISA hereunder.

b. When licensed, vendor products may be used at the following locations where DISA Implementation and Sustainment Center (ISC) currently provides processor services:

· Chambersburg, PA

· Columbus, OH

· Dayton, OH

· Denver, CO

· Fort Meade, MD

· Huntsville, AL

· Jacksonville, FL

· Pensacola, FL

· Mechanicsburg, PA

· Montgomery, AL

· Ogden, UT

· Oklahoma City, OK

· San Antonio, TX

· St Louis, MO

· Warner Robins, GA

Three (3) OCONUS locations are:

· Patch Barracks, Vaihingen, Germany

· Pearl Harbor, Hawaii

· Manama, Bahrain

Future locations – When licensed, vendor products may be used at any other DISA or DISA approved locations worldwide where DISA ISC may acquire an operational responsibility.

c. Non-Production Software Usage - DISA shall have the right to use the licensed software to perform non-production business operations. There shall be no additional charge for non-production usage of the software, regardless of the capacity thresholds established in the contract. These non-production business operations are critical to the success of computing services for the DoD and include, but are not limited to, the following areas:

1. Quality Assurance / Quality Acceptance (QA) testing; Compatibility Assurance testing

1. Release Management Factory (RMF) testing and distribution

1. Disaster Recovery (DR) / Continuity of Operations (COOP) / Assured Computing Environment (ACE) testing

1. DR/COOP standby systems (with software loaded and configured to run), on hardware maintained in a “cold” (non-started) status

d. New and/or current software, version releases, and/or maintenance fixes will be subjected to a quality assurance and centralized installation compatibility assurance checkout at a DISA facility on a test domain. This test domain may or may not be on the same Central Processing Unit for which the software is licensed. Software being subjected to installation compatibility assurance checkout WILL NOT be made available for production or development use or execution, and will be distributed only to licensed DISA internal customers. Products containing passwords/access codes scheduled for installation on the compatibility assurance checkout host will require work around instructions, to be supplied by the vendor at no additional cost to the government.

e. New and/or current software, version releases, and/or maintenance fixes will be free of embedded lockout codes that require periodic renewal during the contract performance period. A single embedded code that encompasses the entire performance period will be permitted.

Software Keys:

0. The contractor shall provide global passwords / product keys that are not Model number or Serial number dependent / specific.

0. The contractor shall provide a 24/7 vendor key support contact (primary and alternate).

0. After a software key request is submitted, the contractor shall deliver the key not later than 24 hours after the initial request.

0. In the case of an emergency key request, the contractor shall deliver the key not later than 2 hours after the initial request.

0. The contractor shall send all keys to a central email box at disa.mechanicsburg.eis.list.es5-contract-support@mail.mil.

0. Currently, due to transformation, more than one account may be active for DISA software maintenance. To eliminate confusion and increase efficiency, the contractor shall standardize all DISA accounts to identify all products as being owned by "DISA."

f. The Mainframe Systems Section (OCL24) may, dependent upon format of documentation receipt, duplicate and distribute, or make available through access to restricted (disa.mil) web site software documentation to authorized users. OCL24 will reproduce or upload all legends, logos, and proprietary notices and ensure that copy quality is maintained.

g. The Government shall have the right to distribute Vendor products to the appropriately licensed Computing Centers via the DISA RMF. The RMF is the process for technicians to download software versus installing software from vendor-provided tapes or cartridges. Vendor products are loaded in the RMF domain in a generic install configuration, with minimal site customization. OCL24 then provides the Computing Centers with the SMP/E work, naming standards/conventions, customization parameters, and more precise installation instructions as related to the DISA operating environment.

The RMF is a web-based system using IBM's Websphere Application Server and operates on a host at Enterprise Service Center (ESC) Mechanicsburg. The host may or may not be on the same CPU on which the Vendor products are licensed. Vendor products loaded in the RMF are for distribution only and will not be used for production or development.

The RMF is secured by specific userid login. Security protocols involve the use of the RACF security package on the mainframe to grant/restrict access to the area of the OCL24 web site which allows Computing Center technicians to download software. A signed DISA Form 41 must be submitted to SE23-Mechanicsburg before any access is granted. The RMF operates on secure network and follows MVS Security Technical Implementation Guideline (STIG) and Field Security Office (FSO) guidelines.

h. DISA has the right to increase and decrease products within the inventory. License and maintenance charges associated with increases and decreases will be adjusted accordingly IAW license and maintenance pricing within this contract. Where pricing does not exist within this contract, license and maintenance pricing will not exceed GSA pricing.

i. Audits - DISA will conduct, manage and certify all inventory software audits. No more than one audit may be requested during the life of the contract. The time period for the software audit is restricted to the period of performance of the contract. If the vendor requests an audit, the vendor will only be provided licensing information for the period of the contract. The contractor shall provide a one-hundred twenty (120) day advanced notification in writing to the government point of contact when requesting an audit. The written notification must accompany the reason for the audit request and the specifics of the audit (e.g., what information / details does the contractor want to see from the audit, suggested timeframes, scope of the audit, identification of authorized contractor POCs for receiving / reviewing audit results, etc.). DISA will not unreasonably withhold its consent to the audit. The audit will only include DISA owned/managed/maintained non-classified equipment. The contractor and/or any authorized agent(s) representing the contractor shall not gain physical or electronic access to DISA networks, systems or processing environments. The contractor shall ensure that appropriate measures, processes and resources will be in place to maintain the integrity and security of the information exchanged. The Vendor has no rights to audit DISA for this contract following 8 months of contract performance due to the requirement to notify DISA 120 days prior to audit, referenced above. In addition, at contract expiration the vendor has no rights to request claims for this contract and/or previous contracts. Any noted discrepancy during the audit by DISA or the vendor in terms of product version, usage or quantities will be identified immediately and the two parties will take immediate action to resolve the discrepancy. Any agreed upon discrepancy that increases/decreases license usage or quantities, changes contract documented product versions, or changes the original terms and conditions of the contract will be captured in a contract modification approved by the Contracting Officer. Failure to reach an agreement on a particular discrepancy shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes.

j. End of Term Provisions - Software products in active and excess inventory at expiration or termination of the contract shall constitute the inventory of record going forward. Unless otherwise designated, licenses currently covered under this contract are perpetual and may be used without Vendor provided maintenance. The right to receive maintenance, new releases, etc., is provisional based on DISA paying the appropriate annual maintenance fees. Maintenance may be acquired annually through agreement by the parties concerning payment of fees to be made. If agreement cannot be reached, DISA may renew maintenance by paying the annual maintenance based upon Vendor's GSA schedule, with maintenance pricing not to exceed GSA pricing. If no GSA schedule is in effect, or if individual products are no longer in the GSA schedule, annual maintenance can be renewed for a period not to exceed one year at the current prices in the contract.

k. Product Loan Agreements (PLA) - DISA may request use of a product for demonstration, testing, and/or assessing a product for possible use in the enterprise. In the event a product not currently licensed is obtained for demonstration, testing, and/or assessing, IAW DISA Acquisition Regulation Supplement, a Product Loan Agreement (PLA) shall be completed. The Contracting Officer is the only DISA official authorized to enter into a PLA.

l. No other Software License Agreement can supersede these terms and contract. Pop-up acceptance and/or click/wrap does not constitute changes to the terms of this contract.

m. Annually, the Government will conduct an inventory reconciliation. The inventory will be shared with the contractor for preparing the upcoming annual maintenance renewal contract. Any noted discrepancy by either party in terms of product version, usage or quantities will be identified immediately and the two parties will take immediate action to resolve the discrepancy. Any discrepancy that increases/decreases license usage or quantities, changes contract documented product versions, or changes the original terms and conditions of the contract will be captured in a contract modification. At the conclusion of the inventory reconciliation and the two parties’ mutual agreement to its findings, the inventory will become the baseline for the upcoming contract maintenance renewal. Additionally, at contract renewal or expiration of the current contract the contractor agrees to release and discharge the Government of and from all liabilities, obligations, claims and demands whatsoever arising out of or under this contract.

n. By contractor acceptance of this contract, contractor agrees that DISA has, at a minimum, sufficient entitlement rights to install/use contractor’s software products up to the renewed license maintenance/support quantities as specified in this order. Acceptance of this contract constitutes closure of all previous contracts and contractor has no rights to audit DISA or request claims for any previous contracts.

o. For a period not to exceed one hundred twenty (120) days there shall be no additional charges for the software products performing parallel processing at the losing and gaining sites during workload migration, regardless of any capacity / unit thresholds established. Parallel processing is defined as processing duplicate workload at both sites during a migration.

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