S02 - 36C10X25R0008 - ChooseVA RFP GB_ZRM.pdf

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Pre-Solicitation Notice - ChooseVA - R499 - Washington DC
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36C10X25R0008
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This is a Request for Proposals (RFP) issued by the Department of Veterans Affairs Strategic Acquisition Center Frederick for ChooseVA communications and advertising services. The contract is a single-award Indefinite Delivery/Indefinite Quantity (IDIQ) with a $90 million maximum value, $100,000 minimum guarantee, and 5-year ordering period beginning in 2025. The solicitation is set aside 100% for Service-Disabled Veteran-Owned Small Businesses under NAICS code 541611 with a $24.5 million size standard.

The contractor will provide strategic communications support for the ChooseVA campaign, including development and production of videos, logos, digital media, roadside billboards, pamphlets, posters, placards, television and radio advertisements, and other internal/external communications materials. Key labor categories include creative directors, producers, photographers, videographers, graphic designers, and communications specialists. The contract will use both Firm Fixed Price and Time & Materials task orders. The RFP includes detailed sections on pricing terms, ordering procedures, security requirements, and labor category descriptions. Due dates for proposal intentions, questions, and final proposals are listed as "TBD" in the document.

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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

36C10X25R0008

Justin Cole; Justin.Cole4@va.gov 202-705-3088 TBD

10 AM EST

36C10X

Strategic Acquisition Center - Frederick

Department of Veterans Affairs

5202 Presidents Court, Suite 103

Frederick MD 21703

X 100

X

541611

$24.5 Million

N/A

X

36C10X

Strategic Acquisition Center - Frederick

Department of Veterans Affairs

5202 Presidents Court, Suite 103

Frederick MD 21703

VAFSC

U.S. Department of Veterans Affairs

Financial Services Center

PO BOX 149971

(see Section B.3 invoicing/payment)

Austin TX 78714-8917

1-(877)-489-6135

See CONTINUATION Page

ChooseVA Advertisements and Placements

Submit proposal intentions to Justin.Cole4@va.gov and

Zachery.Minns@va.gov by 10:00AM TBD.

Questions Due By: 10:00 AM TBD to Justin.Cole4@va.gov and

Zachery.Minns@va.gov.

Proposals due by: See block 8.

Contract Type: Single Award, Indefinite Delivery / Indefinite

Quantity (IDIQ).

Set Aside: 100% SDVOSB

See CONTINUATION Page

X X mailto:Justin.Cole4@va.gov mailto:Zachery.Minns@va.gov mailto:Justin.Cole4@va.gov mailto:Zachery.Minns@va.gov

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 CONTRACT ADMINISTRATION DATA

B.2 ORDERING PROCEDURES

B.3 LABOR CATEGORIES

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

(End of Clause)

C.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

C.3 FAR 52.216-18 ORDERING (AUG 2020)

C.4 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 FAR 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989)

C.7 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.8 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.9 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.10 FAR VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.12 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.13 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

C.15 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT A: PERFORMANCE WORK STATEMENT (PWS)

ATTACHMENT B: QUESTION AND ANSWER TEMPLATE – CHOOSEVA

ATTACHMENT C: PRICE SCHEDULE

ATTACHMENT D: PAST PERFORMANCE REFERENCES

ATTACHMENT E: PPQ

SECTION E - SOLICITATION PROVISIONS

E.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

(End of Provision)

E.2 FAR 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.3 INSTRUCTIONS TO OFFERORS

E.4 FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS

E.5 FAR 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION

AND DISCLOSURES (DEC 2023)

E.6 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

E.9 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)

E.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.12 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

36C10X25Q0006

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the individuals identified in the Contract Point of Contact List (provided with the final award).

(a.) This contract will use electronic commerce to the maximum extent possible (IAW FAR

4.502(a)). All correspondence regarding contract administration matters between the

Government team (Contracting Officer, Contract Specialist and Contracting Officer’s

Representative) and the Contractor will be handled via email using the email addresses listed in the Contract Point of Contact List, inclusive of any updates provided by the responsible Contracting Officer. Email will be the primary method for providing copies of contract documents to the Contractor or other parties. This applies to contract modifications, acceptance of supplies/services, invoice items addressed outside of the electronic invoicing system (currently Tungsten), contractor performance assessments addressed outside CPARS, terminations and any other actions covered by the Contract

Terms and Conditions or other Clauses.

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with 52.232-33, Payment by Electronic Funds Transfer—

System for Award Management.

3. INVOICES: Invoices shall be submitted monthly in arrears based upon delivery and acceptance; review and approval of the hours completed by the COR. In accordance with FAR

52.212-4 (g) only proper invoices that contain documentation of services performed will be accepted.

4. CHANGES: Any changes to this PWS and associated tasks shall only be authorized and approved through written correspondence from the Contracting Officer (CO). A copy of each change will be kept in the contract folder along with all other products of the project. Costs incurred by the Contractor through the actions of parties other than the CO shall be borne by the

Contractor.

5. 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.

6. FSC MANDATORY ELECTRONIC INVOICE SUBMISSION: Contractors are required to submit payment requests in electronic form in accordance with the submission instructions below.

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

AMENDMENT NO DATE

TUNGSTEN ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN

PAYMENTS

***All invoices submitted through OB10 to the VA-FSC should mirror vendor’s current submission of Invoice, with the following items required:

• Contract/Task Order Number:

• Contractor’s Taxpayer ID Number (TIN)

• Contractor’s “Remit Address” information

• Contractor’s contact information: (Personal Name, Email, and Phone)

• Contractor’s VA point of contact information: (Personal Name, Email, and Phone)

• Period of Performance dates (Beginning and Ending)

• All discount information if applicable (Percent and Date Terms)

All invoices need to also be submitted using the same line item format in the contract or order.

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests.

Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

• VA’s Electronic Invoice Presentment and Payment System – The Financial Services

Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

• A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards

Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-invoice Set-up information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

• Tungsten/OB10 system registration please call 877-752-0900, Option #2

• Tungsten Support call 877-489-6135

• Tungsten e-Invoice email: VA.Registration@tungsten-network.com

• VA TUNGSTEN Number: AAA544240062

• FSC e-Invoice contact information: 1-877-353-9791

• FSC e-Invoice email: vafsccshd@va.gov

• http://www.fsc.va.gov/einvoice.asp http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.x12.org/ mailto:VA.Registration@tungsten-network.com mailto:vafsccshd@va.gov http://www.fsc.va.gov/einvoice.asp

COMMUNICATIONS:

• https://www.federalregister.gov/articles/2012/11/27/2012-28612/va-acquisition-regulation-electronic-submission-of-payment-requests

• http://fcw.com/articles/2012/11/27/va-epayments.aspx?s=fcwdaily https://www.federalregister.gov/articles/2012/11/27/2012-28612/va-acquisition-regulation-electronic-submission-of-payment-requests https://www.federalregister.gov/articles/2012/11/27/2012-28612/va-acquisition-regulation-electronic-submission-of-payment-requests http://fcw.com/articles/2012/11/27/va-epayments.aspx?s=fcwdaily

B.2 ORDERING PROCEDURES

1.0 BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The contractor shall provide strategic and tactical communications support to produce materials and deliverables that will inform the public and employees of the VA on the Secretary’s initiative of ChooseVA. Materials will include videos, logos, digital media products, and other internal and external communications materials

(including, but not limited to, roadside billboards, pamphlets, posters, placards, or as needed within the individual task order.) for the ChooseVA campaign. Pamphlet, poster, and placards are design only and will not be printed within this contract. The contractor shall provide support services to develop, produce, advertise, and direct the campaign. These advertisements will include, but are not limited to, out-of-home displays (roadside billboards & placards), traditional broadcast television and radio segments. Future optional advertisement placement shall include digital engagement, digital product advertisement placement, and visual and audio production.

2.0 PRICING TERMS AND CONDITIONS

a. MINIMUM/MAXIMUM CONTRACT AMOUNT

1) The minimum guaranteed amount for this contract is $100,000.00. The guaranteed minimum amount under this contract may be satisfied by the award of an initial task order or combination of task orders.

2) The maximum aggregate value of all task orders under this contract is $90,000,000.00 for the life of the contract. If the Government’s requirements for services set forth in the solicitation do not result in task orders in the amount described as the “maximum,” it shall not constitute the basis for an equitable adjustment under this contract.

b. CONTRACT TYPE: INDEFINITE DELIVERY / INDEFINITE QUANTITY (ID/IQ) CONTRACT

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract per FAR subpart 16.5 for Commercial Items per FAR Part 12. This solicitation is competed under FAR Part 15.

At the discretion of the Contracting Officer, the Government may use a variety of contract types under this contract for each task order including: Firm Fixed Price (FFP) and Time and Materials (T&M).

Each Request for Task Order Proposal (RFTOP) issued under this contract will identify the Government’s determination of task order type.

Specific requirements tailored to meet a particular need will be included in each RFTOP, including specific deliverables and schedules for the deliverables. Each RFTOP shall include the specific requirements and performance standards and may include a quality assurance plan. The period of performance of each task order will be established upon the issuance the order. Deliverables are to be determined upon the issuance of each task order.

c. PRICING TERMS

The labor rates shall be fixed for the duration of this contract and shall be derived from the IDIQ pricing schedule. The effective labor rate at the time of award of an individual task order shall be effective for the duration of the task order period of performance. If a task order’s stated period of performance must be extended as a result of a Government delay, the Contractor may request that the most current labor rates be used to price the work effort during the extended period. However, in no event shall the Contractor perform, or be paid for any work which exceeds the not-to-exceed dollar amount of a task order. The task order pricing schedule will be developed based on pricing contained in the IDIQ CLIN pricing schedule. The labor rates in the IDIQ pricing schedule are fully burdened, inclusive of all direct costs, indirect costs, and profit.

Each Time and Material or Labor Hour task order shall contain a ceiling price. The Contractor shall comply with FAR 52.212-4(ALT I) in regards to the ceiling price for the individual task order(s).

d. DISCOUNTS

The contractor is encouraged to offer any and all discounts for goods and services provided under future task orders. The type or amount of discount may vary based on the circumstances of each particular task order.

3.0 DELIVERIES OR PERFORMANCE

a. ORDERING PERIOD

The ordering period is 5 (five) years from the effective date of award.

b. PERIOD OF PERFORMANCE FOR TASK ORDERS

Period of Performance for task orders will be as specified in individual task orders. Two constraints apply to the period of performance for task orders. First, individual task orders may not exceed 5 years (inclusive of option periods). Second, individual task orders may not extend greater than one year beyond the end date of the IDIQ Ordering Period.

c. PLACE OF PERFORMANCE

The contractor shall be required to work at the contractor’s location as required in individual task orders.

Location information will be specified in each task order. Future production requirements may need additional sites to include other department facilities.

d. PERSONNEL

The Contractor shall ensure that all Contractor support personnel are adequately trained, possess the credentials specified in the appropriate labor categories, and are otherwise fully qualified to provide the high level of support required by this SOW prior to being assigned to task orders awarded.

e. NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the

Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and COR in writing, giving pertinent details.

This data shall be informational only in character and this provision shall not be construed as a waiver by the

Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

f. DELIVERABLES

Deliverables shall be specified in the task orders released under this contract. Deliverable products shall be validated and tested to ensure that they meet applicable/specified standards, policy, business requirements and quality measures.

g. CONTRACT MANAGEMENT

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the

Contractor.

Communications pertaining to the contract administration will be addressed to the Contracting Officer. No changes to the statement of work are authorized without a written modification to the contract executed by the

Contracting Officer.

The Contractor is advised that only the Contracting Officer can change or modify the contract terms or take any other action, which obligates the Government. Such action must be set forth in a formal written modification to the contract.

Contractors who rely on direction from other than the Contracting Officer do so at their own risk and expense.

Such actions do not bind the Government contractually and shall be reported to the Contracting Officer immediately. Any contractual questions shall be directed to the Contracting Officer or Contract Specialist.

h. IDIQ CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer may designate a Contracting Officer’s Representative to act as his or her authorized representative for contract administration functions which do not involve changes to the scope, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract.

The Contractor shall immediately contact the Contracting Officer if there is any question regarding the authority of an individual to act on behalf of the Contracting Officer under this contract.

i. TASK ORDER AND DELIVERY ORDER COR

For each Order, a COR will be assigned. The COR shall serve as the Contractor’s first point of contact for any technical questions and is responsible for: (1) monitoring the Contractor’s technical progress, including the surveillance and assessment of performance and compliance with all substantive project objectives; (2) interpreting the statement of work and any other technical performance requirements; (3)performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; (5) assisting in the resolution of technical problems encountered during performance; and (6) providing technical direction in accordance with section 2.J; and, (7) reviewing of invoices/vouchers.

The Government may unilaterally change its COR designation.

Technical Leads may assist the COR. The Technical Leads will not have the authority to provide technical direction; however, they may be responsible for: (1) monitoring the Contractor’s technical progress, including the surveillance and assessment of performance and compliance with all substantive project objectives; (2) performing technical evaluation as required; (3) performing technical inspections and acceptances as required by this performance; and (5) reviewing of invoices/vouchers.

j. NOTIFICATION REGARDING ADMINISTRATIVE PROBLEMS

If at any time during the performance of this contract, administrative problems should arise which will have an adverse impact on the timely performance by the Contractor or affect the contract costs or funding, the

Contractor is required to immediately notify the Contracting Officer.

k. CONTRACTOR CLOSEOUT RESPONSIBILITIES

The Contractor shall provide all management, administrative, clerical, and supervisory functions required for the effective and efficient performance of this contract. A smooth and orderly transition between the Contractor and a predecessor or successor Contractor is necessary to ensure minimum disruption to vital Government business. The Contractor shall cooperate fully in the transition.

The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. The Contractor shall NOT:

• Discuss with unauthorized persons any information obtained in the performance of work under this contract;

• Conduct business not directly related to this contract on Government premises;

• Use computer systems and/or other Government facilities for company or personal business other than the performance of work authorized under an active task order; or

• Recruit on Government premises or otherwise act to disrupt official Government business.

It is the Government’s intention to perform closeout procedures on an individual task order basis as well. The

Contractor agrees to perform those internal functions necessary to support this process in a timely manner. The task order closeout will occur as soon as possible after the payment of the final invoice.

4.0 ORDERING

a. GENERAL ORDERING INSTRUCTIONS

The government intends to issue task/delivery orders for one or more projects during the period of performance. When a need for services/goods within scope of this contract arises, a Contracting Officer will issue a Request for Task Order Proposal (RFTOP). The process for awarding orders will be as follows:

1. VA’s SAC Contracting Officer will issue an RFTOP via email. The RFTOP will include, at a minimum, a SOW/PWS/SOO, the period of performance, the anticipated order type (LH, T&M or

FFP), reporting requirements and deliverables, and any special terms and conditions applicable to the

Task Order.

2. Within ten (10) business days (unless another time frame is specified in writing) the contractor will provide a proposal to the Contracting Officer. The requested information for each RFTOP will vary depending on the nature of the requirement and the timeline for award.

3. Generally, the CO will evaluate the task order proposal for technical acceptability and price reasonableness. If the VA has questions or concerns, the Contracting Officer will contact the offeror and may ask for a revised proposal.

4. Once the VA SAC has reached an award determination, the Contracting Office will issue the task order.

5. Orders will be issued using an a SF1449 and will include the following:

• Task Order Number

• Date

• Accounting Information

• SOW

• Price/Ceiling

• Period of Performance

• Any terms, conditions, or instructions unique to the order.

Any work that the Contractor undertakes prior to receiving a fully executed order signed by the

Contracting Officer is undertaken at the contractor’s own risk.

Task Order Proposals shall include and develop and implement an Advertisement and Communications plan.

The Advertisement and Communications Plan shall:

1. Outline a strategy to purchase advertisement space in the 35 major media markets, nationally, or in local media markets as required by the VA to distribute the various products that highlight and inform

Veterans and the public of the services and employment opportunities available to them within VA.

Task orders will further define the media market to focus on as needed.

2. Reflect best practices in strategic communications and include an overview of the campaign with goals and objectives, key campaign themes and messages, a description of the strategies, a list of the tactics, an action plan/timeline for implementation, a workable call to action, and a description of the measurement and evaluation tools that will be used to evaluate the campaign as it progresses.

3. Include a strategy for placing communications products/ material and key VA personnel into outreach and advertising venues to support branding awareness. The advertisement placement shall include the use of broadcast and cable television, radio, digital media, print and out-of-home advertisements and earned media. Contractor shall prepare statements on advertising buys, placement strategies, and develop strategic placement opportunities where possible to include indirect media placements.

Upon approval and acceptance of the Advertisement and Strategic Communications Plan for the ChooseVA campaign, the contractor shall implement the plan by creating, developing, organizing, writing, editing, designing, and producing and managing the full range of communications tactics, strategies, events, and products required to fulfill the goals and objectives of the plan. If there is a significant change in the advertisement plan, on order, the contractor shall provide revised Advertisement and Strategic

Communication Plan.

b. PROPOSAL PREPARATION COSTS

The costs for preparation of task order proposals shall be the responsibility of the Contractor and not reimbursable.

c. TRAVEL

Any required travel by the Contractor will be at the direction of the Government and will be reimbursed at cost (except Firm Fixed Price task orders) in accordance with the Federal Travel Regulations (FTR) and FAR

31.205-46. Please note local travel will not be reimbursed. Each contractor invoice must include copies of all receipts that support the travel cost claimed in the invoice. Local travel within 50-mile radius from the contractor’s facility will not be reimbursed. Travel performed for personal convenience and daily travel to and from work at the Contractor’s facility will not be reimbursed. The COR will document his/ her pre-approval in writing. Contractor and subcontractors deviating from this may have certain travel expenses declined.

d. OTHER DIRECT COSTS

Other Direct Costs (ODC) may be authorized by the applicable COR if 1) the ODC is valued in an amount less than the micropurchase threshold, 2) funds are available for this purpose under the task order, and 3) the items are within the scope of the task order. All ODCs valued in an amount equal to or greater than the micropurchase threshold must be pre-approved by the Contracting Officer. Direct costs that have been specifically approved and funded as part of an awarded task order are not subject to these approval procedures.

To be eligible to receive reimbursement for ODC, the Contractor must obtain at least three quotes for each transaction equal to or greater than the micropurchase threshold to ensure that adequate price competition was sought. Alternatively, the Contractor must provide an acceptable justification as to why it was impracticable or impossible to seek price competition and demonstrate why the proposed cost is in the best interest of the VA. For purchases of ODC, the Contractor shall provide the aforementioned documentation with every ODC purchase request to the Contracting Officer.

The Contracting Officer will approve the purchase of ODCs via the issuance of an authorization letter. The approval letter shall be submitted with the invoice as supporting documentation. Likewise, for ODC purchases under the micropurchase threshold, the COR will provide authorization to purchase via email, and the Contractor shall include a copy of the email with the invoice as supporting documentation.

The Contractor shall maintain documentation of all reimbursable purchase until three years after the contract is completed and shall provide access to and copies of such documentation when requested by the

Contracting Officer.

The Contracting Officer may reduce the reimbursement by any amount above that which the Contracting

Officer funds, in his / her sole discretion, is greater than that which is fair and reasonable for the ODC giving due consideration to the facts and circumstances prevailing at the time that the Contractor procured the ODC.

Disputes as to the amount by which any reimbursement is reduced shall be resolved in accordance with the

“Disputes” clause of the contract. It shall be the Contractor’s burden to demonstrate that the price it paid for the reimbursable items was fair and reasonable.

e. MATERIAL HANDLING FEE

Reimbursement for material handling fee shall be allowed on material expenses (excludes travel expenses) on task orders issued under this contract at a fixed rate of TBD. The fixed rate for material handling is fixed at the time of award and is not subject to adjustment based on actual final indirect rates as determined by a contractor’s cognizant audit agency. The establishment of a fixed material handling fee will facilitate the more-timely closeout of task orders, which will not be dependent upon receipt of final audited indirect rates or the additional documentation requirements of quick close-out procedures. Contractors cannot include profit in their Material Handling Fee.

f. GOVERNMENT FURNISHED EQUIPMENT/GOVERNMENT FURNISHED INFORMATION

Each task order will identify Government Furnished Equipment and Government Furnished Information. The

Contractor will be provided with documented standards, policies, and templates.

g. SECTION 508 COMPLIANCE STANDARDS

Notice of the Federal Accessibility Law Affecting All Information and Communication Technology

(ICT) Procurements (Section 508)

On January 18, 2017, the Architectural and Transportation Barriers Compliance Board (Access Board) revised and updated, in a single rulemaking, standards for electronic and information technology developed, procured, maintained, or used by Federal agencies covered by Section 508 of the Rehabilitation Act of 1973, as well as our guidelines for telecommunications equipment and customer premises equipment covered by

Section 255 of the Communications Act of 1934. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities.

Section 508 – Information and Communication Technology (ICT) Standards

The Section 508 standards established by the Access Board are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure ICT. These standards are found in their entirety at: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines. A printed copy of the standards will be supplied upon request.

Federal agencies must comply with the updated Section 508 Standards beginning on January 18, 2018. The

Final Rule as published in the Federal Register is available from the Access Board: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule.

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

Contractor shall comply with the technical standards marked here:

• E205 Electronic Content – (Accessibility Standard -WCAG 2.0 Level A and AA Guidelines)

• E204 Functional Performance Criteria

• E206 Hardware Requirements

• E207 Software Requirements

• E208 Support Documentation and Services Requirements

Compatibility with Assistive Technology

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

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.access-board.gov%2Fguidelines-and-standards%2Fcommunications-and-it%2Fabout-the-ict-refresh%2Ffinal-rule%2Ftext-of-the-standards-and-guidelines&data=05%7C02%7C%7C74292b83a65146b1c9fd08dcf4f5ad38%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638654583218847440%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=vouOOoSr4lyuCzrkZshOYEenadFKWwaGIbKGVIHdjJM%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.access-board.gov%2Fguidelines-and-standards%2Fcommunications-and-it%2Fabout-the-ict-refresh%2Ffinal-rule%2Ftext-of-the-standards-and-guidelines&data=05%7C02%7C%7C74292b83a65146b1c9fd08dcf4f5ad38%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638654583218847440%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=vouOOoSr4lyuCzrkZshOYEenadFKWwaGIbKGVIHdjJM%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.access-board.gov%2Fguidelines-and-standards%2Fcommunications-and-it%2Fabout-the-ict-refresh%2Ffinal-rule&data=05%7C02%7C%7C74292b83a65146b1c9fd08dcf4f5ad38%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638654583218872856%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=GCnfT71zHUc2PUnsmyDoe7PjZsSkorVf%2FIcZRh1tMsQ%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.access-board.gov%2Fguidelines-and-standards%2Fcommunications-and-it%2Fabout-the-ict-refresh%2Ffinal-rule&data=05%7C02%7C%7C74292b83a65146b1c9fd08dcf4f5ad38%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638654583218872856%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=GCnfT71zHUc2PUnsmyDoe7PjZsSkorVf%2FIcZRh1tMsQ%3D&reserved=0

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.

h. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with

FAR 42.15. The final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluation(s) shall be submitted annually.

Interim and final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.

Contractors that have Internet capability may access evaluations through the Contractor Performance

Assessment Reporting System (CPARS) web site, which is managed by the Department of Defense (DOD).

Details regarding CPARS training and on-line registration can be found at http://www.cpars.csd.disa.mil/.

The registration process requires the Contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the Contractor will be required to identify an alternate contact who will be responsible for notifying the VA contracting official in the event the primary contact is unavailable to process the evaluation within the required 14-day time frame.

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

i. UNAUTHORIZED DISCLOSURES

The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment.

Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the

Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an http://www.cpars.csd.disa.mil/ exemption to the Freedom of Information Act.

j. RECORDS MANAGEMENT

Contractor shall comply with all applicable records management laws and regulations, as well as National

Archives and Records Administration (NARA) records policies, including but not limited to the Federal

Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C.

552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

The VA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [FACILITY] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any

Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR

52.227-20.

k. ORGANIZATIONAL CONFLICT OF INTEREST

The Contractor warrants that, to the best of its knowledge and belief, and except as otherwise disclosed to the

Contracting Officer, he or she does not have any actual or potential conflict of interests pertaining to the subject contract, as defined in Federal Acquisition Regulation (FAR) Subpart 9.5.

The Contractor agrees that, if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the Contracting

Officer. The Government reserves the right to terminate the contract for cause or convenience should the

Government determine that remedial action is necessary to address any identified actual or potential conflicts of interests.

l. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in VA- funded programs is encouraged to report such matters to the VA Inspector General’s Office in writing or on the

Inspector General’s Hotline. The toll free number is 1-800-488-8244. All telephone calls will be handled confidentially. The website is www.va.gov/oig/hotline.

m. DO NOT COMPETE

The contractor and all of its present and future affiliates and subsidiaries specific to requirements development or otherwise prohibited by Section 16 Organization Conflict of Interest and FAR 9.5 agrees to:

1. Not compete nor assist anyone in competing for any competitive acquisition of the requirements or services described in the documents which the contractor has been provided access to or delivers under this contract and Task Order thereof.

2. Not furnish either as a prime contractor or subcontractor the requirements or services described in above.

The above prohibitions shall also apply to the contractor's employees, subcontractors, consultants or any other person who participates in the performance of this contract. The contractor shall require such persons http://www.va.gov/oig/hotline to sign the Organizational Conflict of Interest Statement agreeing to the above restrictions. An executed

Organizational Conflict of Interest Statement shall be provided to the Contracting Officer, prior to a person beginning work under this contract/order.

Noncompliance with the above restrictions and conditions shall be a cause for: termination of this contract for cause; and/or, disqualification of any proposal submitted for a competition.

n. NON-PERSONAL SERVICES

The Government and the Contractor understand and agree that the services delivered by the Contractor to the

Government are non-personal services. The parties also recognize and agree that no employer-employee relationship will exist between the Government and the Contractor. The Contractor and the Contractor’s employees are not employees of the federal Government and are not eligible for entitlement and benefits given federal employees.

Contractor personnel under this contract shall not:

• Be placed in a position where there is an appearance that they are employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer.

• Be placed in a position of command, supervision, administration or control over personnel or personnel of other Government contractors or become a part of the Government organization.

• Be used in administration or supervision of procurement activities.

o. UNLIMITED RIGHTS

"Unlimited Rights" means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

The Government shall have unlimited rights in:

• Any work developed exclusively with Government funds;

p. IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same

Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook

0710, Personnel Suitability and Security Program. The Office for Operations, Security, and

Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of

Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security

Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-

U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR

52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements.

VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records

Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information

Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records

Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA

Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under

Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated…

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