RFQ 36C10B26Q0703 BRAND NAME PHOENIX.docx

36C10B26Q0703

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: $47M

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

9/01/2026 Patricia Reagan – Contract Specialist 848-377-5301 9/10/2026

2PM EST

36C10B Department of Veterans Affairs Office of Procurement Operations Technology Acquisition Center 23 Christopher Way Eatontown NJ 07724

X

513210

N/A

See Delivery Schedule

36C10B Department of Veterans Affairs Office of Procurement Operations Technology Acquisition Center 23 Christopher Way Eatontown NJ 07724

TBD

36C10A Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-8971 See website at: http://www.fsc.va.gov/einvoice.asp.

(877) 353-9791

See CONTINUATION Page This effort is for Brand Name Phoenix Software Licenses and Maintenance Support Renewal.

This solicitation is intended to be awarded as a Firm-fixed- Price Contract.

Contract Specialist – Patricia Reagan; Patricia Reagan@va.gov Contracting Officer – Patrick Hamilton; Patrick2.Hamilton@va.gov

See CONTINUATION Page

ARM# 200712

IFAMS: IPR # F367449-27-0000016

Patrick J. Hamilton

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 GOVERNING LAW

Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Contract/Order. Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), Source Code Harmonization and Reuse in Information Technology Act “SHARE IT Act” (P.L. 118-187), and FAR clauses 52.212-4, 52.227-14 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, this includes any custom code developed for the purpose of performing under this contract. 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 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.

B.2 SOFTWARE LICENSE, SOFTWARE MAINTENANCE, AND SOFTWARE 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) All limitations of software usage are expressly stated in the Schedule of Supplies/Services and the Performance Work Statement/Product Description.

The commercial computer software delivered under this contract may not be used, reproduced, or disclosed by the Government except as provided below or as expressly stated otherwise in this contract. The commercial computer software may be –

i. Used or copied for use with the computer(s) for which it was acquired, including use at any Government installation or agency to which the computer(s) may be transferred;

ii. Used or copied for use with a backup computer if any computer for which it was acquired is inoperative;

iii. Reproduced for safekeeping (archives) or backup purposes;

iv. Modified, adapted, or combined with other computer software;

v. Disclosed to and reproduced for use by support service Contractors or their subcontractors, subject to the same restrictions set forth in this contract; and

vi. Used or copied for use with a replacement computer.

a) Unauthorized Obligations.

vii. Except as stated in paragraph (ii), when any supply or service acquired under this contract is subject to any commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. 1341), the following shall govern:

1) Any such language, provision, or clause is unenforceable against the Government.

2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

3) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

viii. Paragraph (u)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

b) Commercial supplier agreements unenforceable clauses.

ix. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR 12).

x. End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

xi. Law and disputes. This agreement is governed by Federal law. Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

1) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted. 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).

2) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

3) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing.

4) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

xii. Updating terms. After award, the contractor may unilaterally revise commercial supplier agreement terms if they are not material. A material change is defined as:

1) Terms that change Government rights or obligations;

2) Terms that increase Government prices;

3) Terms that decrease overall level of service; or

4) Terms that limit any other Government right addressed elsewhere in this contract.

5) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

6) Any agreement license terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

xiii. No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

xiv. Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

xv. Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

1) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

2) This charge, if disputed by the ordering activity, will be resolved in accordance with FAR 52.212-4(d); no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

3) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(3). Software Maintenance and/or 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 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 two 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.

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.

SHARE IT ACT:

The Contractor shall comply with the Source Code Harmonization and Reuse in Information Technology (SHARE IT) Act, P.L. 118-187, when developing and delivering custom code first produced for the VA in the performance of this Contract/Order. 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, to include without limitation, all custom-developed code and other key technical components of the code (including documentation, data models, schemas, metadata, architecture designs, configuration scripts, and artifacts required to develop, build, test, and deploy the code). Custom-developed code includes source code, or segregable portions of source code and all documentation created in support thereof to include source code written for a software project, product, module, plugin, script, middleware, or application programming interface.

B.3 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

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

B.4 PRICE SCHEDULE

Any resulting contract will be awarded on a firm-fixed-price basis as defined by Federal Acquisition Regulation Subpart 16.202. Accordingly, the Offeror shall ensure that any and all costs associated with the Offeror’s proposed application(s), software products, software solution, and/or system, shall be included in the Offeror’s proposed firm-fixed price, and shall serve as the Offeror’s firm-fixed price for the life of any resulting contract. No additional costs or fees relative to the Offeror’s proposed application(s), software products, software solution, and/or system including, but not limited to, licensing costs and any associated licensing maintenance required for the development, delivery, integration, operation, and/or maintenance of the Offeror’s proposed solution will be allowed, accepted, and/or paid by the Government.

Note: All days are to be calendar unless otherwise noted.

All deliverables are to be submitted electronically to in accordance (IAW) PD Section 4.0 Shipment of Software Licenses below.

All deliverables shall follow be:

Inspection: Destination Acceptance: Destination FOB: Destination

Base Period Period of Performance: 12-Months from date of award

Description: JES3plus Software, Full CPC-License & Maintenance

Control No: SW4974.SWMA Description: JES3plus Software, Full CPC-License & Maintenance

License Metric: Per MSU License Duration: Subscription [PR1.1][JD1.2]OEM: Phoenix Software International, Inc.

Mfg Part No: Not Available Quantity: 303 (MSUs)

Customer No: 6182 Mfg Model No: 3931-409; 3932-B03; 3931-401 (DR) HW Serial No: AEAB8; AEAC8; AEAA8 SW Serial No: 0815-003 OEM Agreement No: 1993 MCC: A00 AppCode: CPS Location: AEDC

In accordance with (IAW) Product Description (PD) paragraphs 1.0

PoP: 12 months from date of award

Product Service Code (PSC): DB10

Description: (E)JES:JES3 (MVS)-Maintenance

License Metric: Per MSU License Duration: Perpetual[PR1] [JD2] OEM: Phoenix Software International, Inc.

Mfg Part No: Not Available Quantity: 303 (MSUs)

Customer No: 6182 Mfg Model No: 3931-409; 3932-B03; 3931-401 (DR) HW Serial No: AEAB8; AEAC8; AEAA8 OEM Agreement No: 8594[PR3] [JD4] [PR5] [JD6] MCC: A00 AppCode: CPS Location: AEDC

IAW PD paragraphs 1.0

PoP: 12 months from date of award

Product Service Code (PSC): DB10

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

PoP: 12 months from date of award

Product Service Code (PSC): DB10

Option Period One This 12-month option period may be exercised in accordance with FAR 52.217-9, Option to Extend the Term of the Contract. If exercised, the period of performance shall commence immediately after the expiration of the base period. Work shall not commence until, and unless, a formal modification is issued by the Contracting Officer.

Description: JES3plus Software, Full CPC-License & Maintenance

Control No: SW4974.SWMA Description: JES3plus Software, Full CPC-License & Maintenance

License Metric: Per MSU License Duration: Subscription [PR1.1][JD1.2]OEM: Phoenix Software International, Inc.

Mfg Part No: Not Available Quantity: 303 (MSUs)

Customer No: 6182 Mfg Model No: 3931-409; 3932-B03; 3931-401 (DR) HW Serial No: AEAB8; AEAC8; AEAA8 SW Serial No: 0815-003 OEM Agreement No: 1993 MCC: A00 AppCode: CPS Location: AEDC

IAW PD paragraphs 1.0

PoP: 12 months from date of award

Product Service Code (PSC): DB10

Description: (E)JES:JES3 (MVS)-Maintenance

License Metric: Per MSU License Duration: Perpetual[PR1] [JD2] OEM: Phoenix Software International, Inc.

Mfg Part No: Not Available Quantity: 303 (MSUs)

Customer No: 6182 Mfg Model No: 3931-409; 3932-B03; 3931-401 (DR) HW Serial No: AEAB8; AEAC8; AEAA8 OEM Agreement No: 8594[PR3] [JD4] [PR5] [JD6] MCC: A00 AppCode: CPS Location: AEDC

IAW PD paragraphs 1.0

PoP: 12 months from date of award

Product Service Code (PSC): DB10

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

PoP: 12 months from date of award

Product Service Code (PSC): DB10

Option Period Two This 12-month option period may be exercised in accordance with FAR 52.217-9, Option to Extend the Term of the Contract. If exercised, the period of performance shall commence immediately after the expiration of Option Period One. Work shall not commence until, and unless, a formal modification is issued by the Contracting Officer.

Description: JES3plus Software, Full CPC-License & Maintenance Control No: SW4974.SWMA Description: JES3plus Software, Full CPC-License & Maintenance

License Metric: Per MSU License Duration: Subscription [PR1.1][JD1.2]OEM: Phoenix Software International, Inc.

Mfg Part No: Not Available Quantity: 303 (MSUs)

Customer No: 6182 Mfg Model No: 3931-409; 3932-B03; 3931-401 (DR) HW Serial No: AEAB8; AEAC8; AEAA8 SW Serial No: 0815-003 OEM Agreement No: 1993 MCC: A00 AppCode: CPS Location: AEDC

IAW PD paragraphs 1.0

PoP: 12 months from date of award

Product Service Code (PSC): DB10

Description: (E)JES:JES3 (MVS)-Maintenance

License Metric: Per MSU License Duration: Perpetual[PR1] [JD2] OEM: Phoenix Software International, Inc.

Mfg Part No: Not Available Quantity: 303 (MSUs)

Customer No: 6182 Mfg Model No: 3931-409; 3932-B03; 3931-401 (DR) HW Serial No: AEAB8; AEAC8; AEAA8 OEM Agreement No: 8594[PR3] [JD4] [PR5] [JD6] MCC: A00 AppCode: CPS Location: AEDC

IAW PD paragraphs 1.0

PoP: 12 months from date of award

Product Service Code (PSC): DB10

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

PoP: 12 months from date of award

Product Service Code (PSC): DB10

Option Period Three This 12-month option period may be exercised in accordance with FAR 52.217-9, Option to Extend the Term of the Contract. If exercised, the period of performance shall commence immediately after the expiration of Option Period Two. Work shall not commence until, and unless, a formal modification is issued by the Contracting Officer.

Description: JES3plus Software, Full CPC-License & Maintenance

Control No: SW4974.SWMA Description: JES3plus Software, Full CPC-License & Maintenance

License Metric: Per MSU License Duration: Subscription [PR1.1][JD1.2]OEM: Phoenix Software International, Inc.

Mfg Part No: Not Available Quantity: 303 (MSUs)

Customer No: 6182 Mfg Model No: 3931-409; 3932-B03; 3931-401 (DR) HW Serial No: AEAB8; AEAC8; AEAA8 SW Serial No: 0815-003 OEM Agreement No: 1993 MCC: A00 AppCode: CPS Location: AEDC IAW PD paragraphs 1.0

PoP: 12 months from date of award

Product Service Code (PSC): DB10

Description: (E)JES:JES3 (MVS)-Maintenance

License Metric: Per MSU License Duration: Perpetual[PR1] [JD2] OEM: Phoenix Software International, Inc.

Mfg Part No: Not Available Quantity: 303 (MSUs)

Customer No: 6182 Mfg Model No: 3931-409; 3932-B03; 3931-401 (DR) HW Serial No: AEAB8; AEAC8; AEAA8 OEM Agreement No: 8594[PR3] [JD4] [PR5] [JD6] MCC: A00 AppCode: CPS Location: AEDC

IAW PD paragraphs 1.0

PoP: 12 months from date of award

Product Service Code (PSC): 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

PoP: 12 months from date of award

Product Service Code (PSC): DB10

Option Period Four This 12-month option period may be exercised in accordance with FAR 52.217-9, Option to Extend the Term of the Contract. If exercised, the period of performance shall commence immediately after the expiration of Option Period Three. Work shall not commence until, and unless, a formal modification is issued by the Contracting Officer.

Description: JES3plus Software, Full CPC-License & Maintenance

Control No: SW4974.SWMA Description: JES3plus Software, Full CPC-License & Maintenance

License Metric: Per MSU License Duration: Subscription [PR1.1][JD1.2]OEM: Phoenix Software International, Inc.

Mfg Part No: Not Available Quantity: 303 (MSUs)

Customer No: 6182 Mfg Model No: 3931-409; 3932-B03; 3931-401 (DR) HW Serial No: AEAB8; AEAC8; AEAA8 SW Serial No: 0815-003 OEM Agreement No: 1993 MCC: A00 AppCode: CPS Location: AEDC

IAW PD paragraph 1.0

PoP: 12 months from date of award

Product Service Code (PSC): DB10

Description: (E)JES:JES3 (MVS)-Maintenance

License Metric: Per MSU License Duration: Perpetual[PR1] [JD2] OEM: Phoenix Software International, Inc.

Mfg Part No: Not Available Quantity: 303 (MSUs)

Customer No: 6182 Mfg Model No: 3931-409; 3932-B03; 3931-401 (DR) HW Serial No: AEAB8; AEAC8; AEAA8 OEM Agreement No: 8594[PR3] [JD4] [PR5] [JD6] MCC: A00 AppCode: CPS Location: AEDC

IAW PD paragraphs 1.0

PoP: 12 months from date of award

Product Service Code (PSC): 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

PoP: 12 months from date of award

Product Service Code (PSC): DB10

EA

NSP

NSP

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B.5 PRODUCT DESCRIPTION

PRODUCT DESCRIPTION (PD)

DEPARTMENT OF VETERANS AFFAIRS

Office of Information & Technology (OIT) Infrastructure Operations (IO)

FY27 Brand Name Phoenix Software Licenses and Maintenance Support Renewal

Date: August 11, 2026

VA-27-00002754

PD Version Number: 3.0

1.0 PRODUCT REQUIREMENTS

The Department of Veterans Affairs (VA), Office of Information Technology (OIT), Infrastructure Operations (IO) requires the renewal of software licenses and comprehensive maintenance support for Phoenix Software International’s Commercial Off-the-Shelf (COTS) products, JES3plus and (E)JES:JES3. JES3plus and (E) JES:JES2 is a modern, fully supported derivative of IBM’s JES3 (Job Entry Subsystem) for z/OS, created by Phoenix Software. It leverages the original JES3 V2R4 source code under license, enabling existing users to continue using JES3-style batch workload management on newer z/OS releases without migrating to JES2. Designed as a “trivial migration,” JES3plus offers a seamless transition with no additional licensing costs, a robust future enhancement roadmap driven by its user community, and no planned end-of-life. Retains and enhances core JES3 capabilities: multisystem coupling, intelligent tape sharing, system-wide workload balancing, dynamic initiator control, pre-execution device setup, job networks, deadline scheduling, multi-system consoles, and a unified JESplex log.

These solutions are already deployed within the VA environment and require ongoing maintenance to ensure operational reliability. The contractor shall provide all associated licenses, quarterly software upgrades and updates (including major, point, service, and security releases), and expedited high‑risk vulnerability fixes within 48 hours. Support must include a single point of contact or phone number for initiating and tracking service requests, the ability to open and manage maintenance calls, and secure methods for transferring updates and diagnostic data—preferably via SFTP. All software components in use at VA must be fully covered under the required licensing and maintenance support, as identified in the table below.

The Period of Performance (PoP) shall be a 12-month base with four 12-month option periods. The overall Period of Performance shall not exceed 60 months.

Base Period: The Period of Performance is October 1, 2026 – September 30, 2027, unless otherwise noted in the Description block in the table below.

Description: JES3plus Software, Full CPC-License & Maintenance

License Metric: Per MSU License Duration: Subscription OEM: Phoenix Software International, Inc.

Mfg Part No: Not Available Quantity: 303 (MSUs)

Customer No: 6182 Mfg Model No: 3931-409; 3932-B03; 3931-401 (DR) HW Serial No: AEAB8; AEAC8; AEAA8 SW Serial No: 0815-003 OEM Agreement No: 1993 MCC: A00 AppCode: CPS Location: AEDC

Control No: SW0561.SWM Description: (E)JES:JES3 (MVS)-Maintenance

License Metric: Per MSU License Duration: Perpetual OEM: Phoenix Software International, Inc.

Mfg Part No: Not Available Quantity: 303 (MSUs)

Customer No: 6182 Mfg Model No: 3931-409; 3932-B03; 3931-401 (DR) HW Serial No: AEAB8; AEAC8; AEAA8 OEM Agreement No: 8594 MCC: A00 AppCode: CPS Location: AEDC

2.0NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) PROCUREMENTS (SECTION 508)

On January 18, 2017, the Access Board issued a final rule that updated accessibility requirements covered by Section 508 and refreshed guidelines for telecommunications equipment subject to Section 255 of the Communications Act. The final rule went into effect on January 18, 2018. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities.

2.1 SECTION 508 – INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) STANDARDS

The Section 508 standards established by the Access Board are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure ICT. These standards are found in their entirety at: Revised 508 Standards and 255 Guidelines (access-board.gov). A single PDF file version of the Revised Section 508 Standards and 255 Guidelines will be supplied upon request, or can be obtained from the Access Board website. Federal agencies must comply with the Rehabilitation Act of 1973, as amended.

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

2.2 COMPATABILITY WITH ASSISTIVE TECHNOLOGY

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

2.3 ACCEPTANCE AND ACCEPTANCE TESTING

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

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

3.0 INFORMATION TECHNOLOGY USING SUSTAINABLE PRODUCTS

The Contractor shall comply with Sections 524 and Sections 525 of the Energy Independence and Security Act of 2007; Section 104 of the Energy Policy Act of 2005; Executive Order 14148, “Initial Rescissions of Harmful Executive Orders and Actions,” dated January 20, 2025; Executive Order 13221, “Energy-Efficient Standby Power Devices,” dated August 2, 2001; and the Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) to provide ENERGY STAR® certified and Federal Energy Management Program (FEMP) Designated Low Standby Power information technology products, see https://www.energy.gov/femp/search-energy-efficient-products. See http://www.energystar.gov for complete product specifications and updated lists of Energy Star certified products. FEMP low standby power product listing can be found at https://www.energy.gov/femp/low-standby-power-product-list.

The Contractor shall provide products that meet the definition of sustainable products if the products are delivered to the Government; furnished by the Contractor for use by the Government, incorporated into the construction of a public building or public work, or acquired by the Contractor for use in performing services under a Government contract where the cost of the products is a direct cost to a Government contract (versus costs which are normally applied to a contractor's general and administrative expenses or indirect costs).

Specifically, the Contractor shall provide sustainable products under this contract in accordance with RFO 52.223-23 (NOV 2025). The applicable products with their associated certification and/or designation required (e.g. Energy Star, FEMP Low Standby Power) are identified within the product requirements specifications in this PD. The Contractor shall self-certify that its proposed products meet the certification(s) and/or designation(s) specified.

Not Applicable. This is procurement of software licenses and maintenance support.

4.0 SHIPMENT OF SOFTWARE LICENSES

Ship To and Mark For: Delivery of software licenses and/or maintenance shall be submitted electronically. Delivery of DSI form shall be sent to AAClicense@va.gov (see Deliverable Support Information CLIN) and provide notice to:

Name: Dawn D. Sturtz Email: Dawn.Sturtz@va.gov Name: Ben Barkoozis Email: Ben.Barkoozis@va.gov

The Contractor shall comply with the VA OIT Technical Reference Model (VA TRM). Compliance with the VA TRM is achieved by using only technologies and standards that are listed as approved for use in the VA TRM. The Contractor shall provide all necessary information requested by VA to ensure TRM approval is obtained prior to use on VA’s network.

5.2 ZERO TRUST – VA CRITICAL SECURITY CONTROLS

VA has established minimum mandatory security requirements and requires that any network connected software system or service must meet the VA Critical Security Controls as outlined in the VA Memorandum, “VA Security Controls”, https://www.voa.va.gov/DocumentView.aspx?DocumentID=5010. VA Critical Security Controls identify the minimum mandatory requirements that must be implemented across all VA enterprise infrastructure, cloud computing environments, information systems, networks, and specialized devices (medical devices/systems, special-purpose systems, and research scientific computing devices) that process, store, and/or transmit VA data. Effective July 1, 2025, the Contractor shall implement these VA Critical Security Controls, within any network connected software system or service prior to being authorized for use in the VA. This functional requirement is not negotiable, and Plan of Action & Milestones (POAM) will not be accepted in the event these controls cannot be implemented for new systems. Critical Security Controls are intended to increase VA’s security posture and provide security and privacy risk visibility into the VA network and is not a new requirement. The Contractor’s failure to maintain these VA Critical Controls after implementation will result in VA discontinuing the use of the system.

5.3 SOCIAL SECURITY NUMBER (SSN) REDUCTION

The Contractor solution shall support the Social Security Number (SSN) Fraud Prevention Act (FPA) of 2017 which prohibits the inclusion of SSNs on any document sent by mail. The Contractor support shall also be performed in accordance with Section 240 of the Consolidated Appropriations Act (CAA) 2018, enacted March 23, 2018, which mandates VA to discontinue using SSNs to identify individuals in all VA information systems as the Primary Identifier. The Contractor shall ensure that any new IT solution discontinues the use of SSN as the Primary Identifier to replace the SSN with the Integrated Control Number (ICN) in all VA information systems for all individuals. The Contractor shall ensure that all Contractor delivered applications and systems integrate with the VA Master Person Index (MPI) for identity traits to include the use of the ICN as the Primary Identifier. The Contractor solution may only use a Social Security Number to identify an individual in an information system if and only if the use of such number is required to obtain information VA requires from an information system that is not under the jurisdiction of VA.

5.4 INTERNET PROTOCOL VERSION 6 (IPV6)

The Contractor solution shall support IPv6-Only based upon the memo issued by the Office of Management and Budget (OMB) on November 19, 2020 (https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf). Which defines IPv6-only as the state of an operational system or service when IPv4 protocol functions (addressing, packet forwarding) are not in use. The NIST USGv6 profile defines technical requirements for a product to be capable of operating in IPv6-Only environments. IPv6-Only technology, in accordance with the USGv6 Program (https://www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1), NIST Special Publication (SP) 500-267B Revision 1 “USGv6 Profile” (https://doi.org/10.6028/NIST.SP.500-267Br1), and NIST SP 800-119 “Guidelines for the Secure Deployment of IPv6” (https://doi.org/10.6028/NIST.SP.800-119), compliance shall be included in all IT infrastructures, application designs, application development, operational systems and sub-systems, and their integration. In addition to the above requirements, all devices, applications, and systems shall support all applicable functionality on native IPv6-Only as well as dual stack (IPv6 / IPv4) connectivity without additional memory or other resources being provided by the Government, so that they can function in a mixed environment. All public/external facing servers and services (e.g., web, email, DNS, ISP services, etc.) shall support native IPv6-Only and dual stack (IPv6 / IPv4) users and all internal infrastructure and applications shall support using native IPv6-Only and dual stack (IPv6 / IPv4) for all functionality and operations.

5.5 SOFTWARE AND LICENSING REQUIREMENTS

The Contractor shall be responsible for the provision of all software licenses and any associated licensing maintenance required for any development, delivery, integration, operation, and/or maintenance associated with its proposed application(s), software products, software solution, and/or system including, but not limited to, any and all application(s), software and/or software products that comprise, are a part of, or integrate with the Contractor’s proposed application(s), software products, software solution, and/or system for the life of any resulting contract.

5.6 TRUSTED INTERNET CONNECTION (TIC)

The Contractor solution shall meet the requirements outlined in Office of Management and Budget Memorandum M-19-26, “Update to the Trusted Internet Connections (TIC) Initiative“ (https://www.whitehouse.gov/wp-content/uploads/2019/09/M-19-26.pdf), VA Directive 6513 “Secure External Connections”, and shall comply with the TIC 3.0 Core Guidance Documents, including all Volumes and TIC Use Cases, found at the Cybersecurity & Infrastructure Security Agency (CISA) (https://www.cisa.gov/publication/tic-30-core-guidance-documents.)

5.7 GENERATIVE ARTIFICIAL INTELLIGENCE REQUIREMENTS

(This language should be included in every solicitation. However, there is a Self-Certification in the Notes to the CO section where the Offeror must self-certify that it meets the requirements for Unbiased Principles of AI, or indicate N/A. If N/A is selected then that should indicate no AI would be used in the acquisition. Therefore, the AI PWS section’s requirements language and headings can be removed from the resulting award, however, the “Artificial Intelligence in VA Contracts” H Clause should remain. Alternatively, the CO may also choose to keep the PWS heading in place, indicate Not Applicable under the heading, and also ensure “Artificial Intelligence in VA Contracts” H Clause remains.)

If Artificial Intelligence (AI) is part of the Contractor system/solution, the Contractor shall be in compliance with E.O.