RFQ 36C10A23Q0191.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. UEI: EFT:

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

TAC

F367449-24-0000014

36C10A23Q0191 September 18, 2023

Kendra Bell; Kendra.Bell@va.gov 512-981-4438 09-25-2023 1pm EDT

36C10A Department of Veterans Affairs Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724

X 100

X

541519

150 Employees

N/A

X

See Product Description

36C10A

Department of Veterans Affairs Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724

Y

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

Austin TX 78714-8971

(877) 353-9791

See CONTINUATION Page

NetEx Software Licenses and Maintenance Support

X X

Mary Accomando

Order Number: TBD Request for Quote: 36C10A23Q0191

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 SCHEDULE OF SUPPLIES AND SERVICES

B.2 CONTRACT ADMINISTRATION DATA

B.3 ACCOUNTING AND APPROPRIATION DATA

B.4 PRODUCT DESCRIPTION

SECTION C - CONTRACT CLAUSES

C.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

2000)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.4 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS—

INFORMATION TECHNOLOGY MAINTENANCE ALLOWING OTHER-THAN-NEW

PARTS (FEB 2023)

C.5 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.6 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.239-70 SECURITY REQUIREMENTS FOR INFORMATION

TECHNOLOGY RESOURCES (FEB 2023)

C.9 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 42

C.11 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

1.0 PRODUCT REQUIREMENTS

2.0 NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL

INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)

PROCUREMENTS (SECTION 508)

3.0 INFORMATION TECHNOLOGY USING ENERGY-EFFICIENT PRODUCTS

4.0 SYSTEM ACCEPTANCE (PRE-PRODUCTION) TESTING

5.0 SHIPMENT OF SOFTWARE

6.0 GENERAL REQUIREMENTS

SECTION E - SOLICITATION PROVISIONS*

E.1 QUOTE SUBMISSION INSTRUCTIONS

E.2 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.3 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIOS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

E.4 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

E.5 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 VAAR 852.239-71 INFORMATION SYSTEM SECURITY PLAN AND

ACCREDITATION (FEB 2023)

E.10 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 SCHEDULE OF SUPPLIES AND SERVICES

Period of performance: October 1, 2023 – September 30, 2024. Software licenses and maintenance support are effective October 1, 2023.

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 “Software Maintenance for NetEx”, dated September 5, 2023, as set forth in Section D of this order.

1. The Order period of performance/term of maintenance is as follows:

Base: October 1, 2023 to September 30, 2024 Option Period 1: October 1, 2024 to September 30, 2025 Option Period 2: October 1, 2025 to September 30, 2026

2. Inspection/Acceptance: Destination

3. Delivery Address/Point of Contact: See Section D Product Description

Control No: SW3728-R5 Description: NetEx BFX (Bulk File Transfer) for Bull GCOS (v8) License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H291 Mfg Model No: Bull NovaScale 9027/544 HW Serial No: XAN-S16-00034 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

2 Each $________ $________

Control No: SW3735-R5 Description: NetEx BFX (Bulk File Transfer) for Bull GCOS (v8) License & Maintenance. DR Use Only.

1 Each $________ $________

19.

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H291 Mfg Model No: Bull NovaScale 9027/542 HW Serial No: XAN-S16-00035 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: PITC (DR) PSC Code:

DB10

Control No: SW3731-R5 Description: NetEx Secure BFX (Bulk File Transfer) for IBM z/OS License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H215-U Mfg Model No: 8562-H02 HW Serial No: 4E288 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: AITC PSC Code: DB10

2 Each $________ $________

Control No: SW3738-R5 Description: NetEx Secure BFX (Bulk File Transfer) for IBM z/OS License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H215-U Mfg Model No: 8561-409 HW Serial No: 4E278 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: AITC PSC Code: DB10

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

Control No: SW3727-R5 Description: NetEx PFX-T (Print File Transfer) for Bull GCOS (v8) License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H292T

Mfg Model No: Bull NovaScale 9027/544 HW Serial No: XAN-S16-00034 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

2 Each $________ $________

Control No: SW3734-R5 Description: NetEx PFX-T (Print File Transfer) for Bull GCOS (v8) License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H292T Mfg Model No: Bull NovaScale 9027/542 HW Serial No: XAN-S16-00035 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: PITC (DR) PSC Code:

DB10

1 Each $________ $________

Control No: SW3730-R5 Description: NetEx Secure PFX (Print File Transfer) for IBM z/OS License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

2 Each $________ $________

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

Mfg Part No: H216R-U Mfg Model No: Bull NovaScale 9027/544 HW Serial No: XAN-S16-00034 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

Control No: SW3737-R5 Description: NetEx Secure PFX (Print File Transfer) for IBM z/OS License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H216R-U Mfg Model No: 8561-401 HW Serial No: 4E268 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: PITC (DR) PSC Code:

DB10

1 Each $________ $________

Control No: SW4236-R5 Description: NetEx Secure TNP (TCP/NetEx Proxy) for Linux (Up to 4 Concurrent Sessions) License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: TNP804 Mfg Model No: Dell Power Edge R930 HW Serial No: FRQRQD2 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

Control No: SW4238-R5 Description: NetEx Secure TNP (TCP/NetEx Proxy) for Linux (Up to 4 Concurrent Sessions) License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: TNP804 Mfg Model No: Dell Power Edge R930 HW Serial No: FRSSQD2 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: PITC (DR) PSC Code:

DB10

1 Each $________ $________

Control No: SW4237-R5 Description: NetEx NetEx/IP (Internet Protocol) Requester for Bull GCOS (v8) License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H297IP Mfg Model No: Bull NovaScale 9027/544 HW Serial No: XAN-S16-00034 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

2 Each $________ $________

Control No: SW4239-R5 Description: NetEx NetEx/IP (Internet Protocol) Requester for Bull GCOS (v8) License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

OEM: NetEx, Inc.

Mfg Part No: H297IP Mfg Model No: Bull NovaScale 9027/542 HW Serial No: XAN-S16-00035 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: PITC (DR) PSC Code:

DB10

Control No: SW3729-R5 Description: NetEx Secure NetEx for z/OS License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H214-U Mfg Model No: 8562-H02 HW Serial No: 4E288 SW License Key: *** See FY23 DSI Folder *** OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: AITC PSC Code: DB10

2 Each $________ $________

Control No: SW3736-R5 Description: NetEx Secure NetEx for z/OS License & Maintenance.

DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H214-U Mfg Model No: 8561-409 HW Serial No: 4E278 SW License Key: *** See FY23 DSI Folder *** OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: AITC PSC Code: DB10

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

Control No: SW4975 Description: NetEx Secure NetEx/IP (Internet Protocol) License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H804 Mfg Model No: Dell Power Edge R930 HW Serial No: FRRRQD2 SW License Key: *** See FY23 DSI Folder *** OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

3 Each $________ $________

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.

NSP NSP

Not Separately

Price

(NSP)

NSP

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

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

BASE PERIOD TOTAL $________

Option Period 1: Option for an additional 12 months of services IAW FAR 52.217-9, “Option to Extend the Term of the Contract” October 1, 2024 to September 30, 2025

Control No: SW3728-R5 Description: NetEx BFX (Bulk File Transfer) for Bull GCOS (v8) License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H291 Mfg Model No: Bull NovaScale 9027/544 HW Serial No: XAN-S16-00034 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

2 Each $________ $________

Control No: SW3735-R5 Description: NetEx BFX (Bulk File Transfer) for Bull GCOS (v8) License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H291 Mfg Model No: Bull NovaScale 9027/542 HW Serial No: XAN-S16-00035 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN mailto:AACLicense@va.gov

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

Location: PITC (DR) PSC Code:

DB10

Control No: SW3731-R5 Description: NetEx Secure BFX (Bulk File Transfer) for IBM z/OS License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H215-U Mfg Model No: 8562-H02 HW Serial No: 4E288 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: AITC PSC Code: DB10

2 Each $________ $________

Control No: SW3738-R5 Description: NetEx Secure BFX (Bulk File Transfer) for IBM z/OS License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H215-U Mfg Model No: 8561-409 HW Serial No: 4E278 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: AITC PSC Code: DB10

1 Each $________ $________

Control No: SW3727-R5 Description: NetEx PFX-T (Print File Transfer) for Bull GCOS (v8) License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H292T

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

Mfg Model No: Bull NovaScale 9027/544 HW Serial No: XAN-S16-00034 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

Control No: SW3734-R5 Description: NetEx PFX-T (Print File Transfer) for Bull GCOS (v8) License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H292T Mfg Model No: Bull NovaScale 9027/542 HW Serial No: XAN-S16-00035 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: PITC (DR) PSC Code:

DB10

1 Each $________ $________

Control No: SW3730-R5 Description: NetEx Secure PFX (Print File Transfer) for IBM z/OS License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H216R-U Mfg Model No: Bull NovaScale 9027/544 HW Serial No: XAN-S16-00034 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

Control No: SW3737-R5 Description: NetEx Secure PFX (Print File Transfer) for IBM z/OS License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H216R-U Mfg Model No: 8561-401 HW Serial No: 4E268 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: PITC (DR) PSC Code:

DB10

1 Each $________ $________

Control No: SW4236-R5 Description: NetEx Secure TNP (TCP/NetEx Proxy) for Linux (Up to 4 Concurrent Sessions) License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: TNP804 Mfg Model No: Dell Power Edge R930 HW Serial No: FRQRQD2 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

2 Each $________ $________

Control No: SW4238-R5 Description: NetEx Secure TNP (TCP/NetEx Proxy) for Linux (Up to 4 Concurrent Sessions) License & Maintenance. DR Use Only.

License Metric: Per RTU

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

OEM: NetEx, Inc.

Mfg Part No: TNP804 Mfg Model No: Dell Power Edge R930 HW Serial No: FRSSQD2 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: PITC (DR) PSC Code:

DB10

Control No: SW4237-R5 Description: NetEx NetEx/IP (Internet Protocol) Requester for Bull GCOS (v8) License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H297IP Mfg Model No: Bull NovaScale 9027/544 HW Serial No: XAN-S16-00034 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

2 Each $________ $________

Control No: SW4239-R5 Description: NetEx NetEx/IP (Internet Protocol) Requester for Bull GCOS (v8) License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H297IP Mfg Model No: Bull NovaScale 9027/542 HW Serial No: XAN-S16-00035 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

Location: PITC (DR) PSC Code:

DB10

Control No: SW3729-R5 Description: NetEx Secure NetEx for z/OS License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H214-U Mfg Model No: 8562-H02 HW Serial No: 4E288 SW License Key: *** See FY23 DSI Folder *** OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: AITC PSC Code: DB10

2 Each $________ $________

Control No: SW3736-R5 Description: NetEx Secure NetEx for z/OS License & Maintenance.

DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H214-U Mfg Model No: 8561-409 HW Serial No: 4E278 SW License Key: *** See FY23 DSI Folder *** OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: AITC PSC Code: DB10

1 Each $________ $________

Control No: SW4975 Description: NetEx Secure NetEx/IP (Internet Protocol) License & Maintenance License Metric: Per RTU

3 Each $________ $________

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

OEM: NetEx, Inc.

Mfg Part No: H804 Mfg Model No: Dell Power Edge R930 HW Serial No: FRRRQD2 SW License Key: *** See FY23 DSI Folder *** OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

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 NSP NSP

OPTION PERIOD ONE TOTAL $________

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

Option Period 2: Option for an additional 12 months of services IAW FAR 52.217-9, “Option to Extend the Term of the Contract” October 1, 2025 to September 30, 2026

Control No: SW3728-R5 Description: NetEx BFX (Bulk File Transfer) for Bull GCOS (v8) License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H291 Mfg Model No: Bull NovaScale 9027/544 HW Serial No: XAN-S16-00034 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

2 Each $________ $________

Control No: SW3735-R5 Description: NetEx BFX (Bulk File Transfer) for Bull GCOS (v8) License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H291 Mfg Model No: Bull NovaScale 9027/542 HW Serial No: XAN-S16-00035 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: PITC (DR) PSC Code:

DB10

1 Each $________ $________

Control No: SW3731-R5 Description: NetEx Secure BFX (Bulk File Transfer) for IBM z/OS License & Maintenance License Metric: Per RTU

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H215-U Mfg Model No: 8562-H02 HW Serial No: 4E288 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: AITC PSC Code: DB10

Control No: SW3738-R5 Description: NetEx Secure BFX (Bulk File Transfer) for IBM z/OS License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H215-U Mfg Model No: 8561-409 HW Serial No: 4E278 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: AITC PSC Code: DB10

1 Each $________ $________

Control No: SW3727-R5 Description: NetEx PFX-T (Print File Transfer) for Bull GCOS (v8) License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H292T

Mfg Model No: Bull NovaScale 9027/544 HW Serial No: XAN-S16-00034 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

Control No: SW3734-R5 Description: NetEx PFX-T (Print File Transfer) for Bull GCOS (v8) License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H292T Mfg Model No: Bull NovaScale 9027/542 HW Serial No: XAN-S16-00035 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: PITC (DR) PSC Code:

DB10

1 Each $________ $________

Control No: SW3730-R5 Description: NetEx Secure PFX (Print File Transfer) for IBM z/OS License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H216R-U Mfg Model No: Bull NovaScale 9027/544 HW Serial No: XAN-S16-00034 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

2 Each $________ $________

Control No: SW3737-R5 Description: NetEx Secure PFX (Print File Transfer) for IBM z/OS License & Maintenance. DR Use Only.

License Metric: Per RTU

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

OEM: NetEx, Inc.

Mfg Part No: H216R-U Mfg Model No: 8561-401 HW Serial No: 4E268 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: PITC (DR) PSC Code:

DB10

Control No: SW4236-R5 Description: NetEx Secure TNP (TCP/NetEx Proxy) for Linux (Up to 4 Concurrent Sessions) License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: TNP804 Mfg Model No: Dell Power Edge R930 HW Serial No: FRQRQD2 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

2 Each $________ $________

Control No: SW4238-R5 Description: NetEx Secure TNP (TCP/NetEx Proxy) for Linux (Up to 4 Concurrent Sessions) License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: TNP804 Mfg Model No: Dell Power Edge R930 HW Serial No: FRSSQD2 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

Location: PITC (DR) PSC Code:

DB10

Control No: SW4237-R5 Description: NetEx NetEx/IP (Internet Protocol) Requester for Bull GCOS (v8) License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H297IP Mfg Model No: Bull NovaScale 9027/544 HW Serial No: XAN-S16-00034 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

2 Each $________ $________

Control No: SW4239-R5 Description: NetEx NetEx/IP (Internet Protocol) Requester for Bull GCOS (v8) License & Maintenance. DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H297IP Mfg Model No: Bull NovaScale 9027/542 HW Serial No: XAN-S16-00035 OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: PITC (DR) PSC Code:

DB10

1 Each $________ $________

Control No: SW3729-R5 Description: NetEx Secure NetEx for z/OS License & Maintenance License Metric: Per RTU

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H214-U Mfg Model No: 8562-H02 HW Serial No: 4E288 SW License Key: *** See FY23 DSI Folder *** OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: AITC PSC Code: DB10

Control No: SW3736-R5 Description: NetEx Secure NetEx for z/OS License & Maintenance.

DR Use Only.

License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H214-U Mfg Model No: 8561-409 HW Serial No: 4E278 SW License Key: *** See FY23 DSI Folder *** OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: AITC PSC Code: DB10

1 Each $________ $________

Control No: SW4975 Description: NetEx Secure NetEx/IP (Internet Protocol) License & Maintenance License Metric: Per RTU License Duration: Subscription OEM: NetEx, Inc.

Mfg Part No: H804 Mfg Model No: Dell Power Edge R930 HW Serial No: FRRRQD2 SW License Key: *** See FY23 DSI Folder ***

3 Each $________ $________

ITEM

20.

SCHEDULE OF

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

of

ISSUE

23.

UNIT

PRICE

24.

AMOUNT

OEM Agreement No: 145-61-0203 MCC: B00 AppCode: BDN Location: HITC PSC Code: DB10

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 NSP NSP

OPTION PERIOD TWO TOTAL $________

TOTAL ORDER VALUE (INCLUSIVE OF ALL OPTIONS) $________

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 Contract/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/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 or 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.cpars.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.

(5) Manuals and Publications.

http://www.cpars.gov/

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/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: TBD

b. GOVERNMENT: Contracting Officer 36C10A Department of Veterans Affairs Technology Acquisition Center 23 Christopher Way Eatontown NJ 07724

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 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. See website at: http://www.fsc.va.gov/einvoice.asp

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

Funds in the amount of $TBD are obligated on Order Number TBD to fund CLIN TBD.

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

The contractor shall reference the Order Number from block 4 of the SF1449 on each invoice submitted for payment.

B.4 PRODUCT DESCRIPTION

See Section D for Product Description (PD) title “Software Maintenance for NetEx”

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

DEC 2022

52.227-1 AUTHORIZATION AND CONSENT JUN 2020

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGEMENT

JUN 2020

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 2007

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.242-13 BANKRUPTCY JUL 1995

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

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

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at least 5 days prior to the end of the period of performance; 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.

(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 36 months.

(End of Clause)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.4 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS—

INFORMATION TECHNOLOGY MAINTENANCE ALLOWING OTHER-THAN-NEW

PARTS (FEB 2023)

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

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

(c) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.5 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, ‘‘Veteran-owned small business or VOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more Veteran(s);

(ii) The management and daily business operations of which are controlled by one or more Veteran(s);

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document.

(iv) The business has been verified for ownership and control pursuant to 38 U.S.C.

8127 and 13 CFR 128, and is certified and listed in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting, and the Veterans Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) ‘‘Veteran’’ is defined in 38 U.S.C. 101(2).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans’’ has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C.

632(q)(3)), except that for a VA contract the firm must be certified and listed in the SBA certification database.

(5) The term “VOSB participant” or certified VOSB means a small business that has been certified as eligible to participate in the Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102). It includes certified service-disabled veteran-owned small businesses (SDVOSBs).

https://veterans.certify.sba.gov/

(b) General. In order for a concern to submit an offer and be eligible for the award of a VOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be certified and listed as a VOSB or SDVOSB participant in the certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified VOSBs or SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made only to a certified VOSB who is eligible at the time of submission of offer(s) and at time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as a VOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified VOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified VOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple-award contracts, a VOSB agrees that in the performance of the contract, the VOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR parts 121 and 125, including the non-manufacturer rule and limitations on-subcontracting (LOS) requirements in 13 CFR 121.406(b) and 125.6. For the purpose of the limitations on subcontracting, only certified VOSBs listed in the SBA certification database, (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 and/or 852.219–76 as applicable).

These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the VOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified VOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the VOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified VOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the VOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted.

Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the VOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified VOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified VOSBs listed in the SBA certification database.

(5) Subcontracting. A VOSB must meet the NAICS size standard assigned by the prime contractor and be listed in the SBA certification database to count as similarly situated. Any work that a first tier VOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. A VOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as a VOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.10, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s VOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2, Causes for Debarment).

(End of Clause)

C.6 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

(a)…