S02 SSN 36C25625Q0140 RFI.pdf

Sources Sought Notice

*= Required Field Sources Sought Notice

SUBJECT* Commvault Renewal Licensing and Software

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 77056-5643

SOLICITATION NUMBER* 36C25625Q0140

RESPONSE DATE/TIME/ZONE 11-12-2024 3PM CENTRAL TIME, CHICAGO, USA

ARCHIVE 11 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE

PRODUCT SERVICE CODE* 7B22

NAICS CODE* 541511

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 16 Galleria financial center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

POINT OF CONTACT*

Contract Specialist Quentin.Chew@va.gov 713-791-1414

PLACE OF PERFORMANCE

ADDRESS Michael E DeBakey VA Medical Center

2002 Holocombe BLVD Houston Tx

POSTAL CODE 77030

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov URL DESCRIPTION Department of Veterans Affairs AGENCY CONTACT’S EMAIL ADDRESS Quentin.Chew@va.gov EMAIL DESCRIPTION 36C25625Q0140 RFI Commvault Renewal

DESCRIPTION

This is a Sources Sought Notice / request for information (RFI) only. The purpose of this

RFI is to identify potential sources which will aid in defining the procurement strategy for example, set-aside, sole source, unrestricted for a solicitation that Department of

Veterans Affairs (VA) intends to post in the near future.

The Michael E. DeBakey VA Medical Center (MEDVAMC), 2002 Holcombe Boulevard, Houston, Texas 77030 has a requirement for Commvault Renewal

Please review the attached document(s) for more details on this requirement.

See attached document(s):

36C25625Q0140

NO SOLICITATION EXISTS AT THIS TIME. Please provide the information you deem relevant in order to respond to the specific inquiries of the RFI.

Information provided will be used solely by MEDVAMC as “Market Research” and will not be released outside of the MEDVAMC Purchasing and Contracting Team.

RFI responses are due by 3:00pm. Central Standard Time (CST) on November 12th, 2024;

size is limited to 8.5 x 11 inches, 12-point font, with 1-inch margins in Microsoft Word or Adobe

Acrobat format and virus checked prior to submission via email to Jeneice Matthews, Quentin.Chew@va.gov

The subject line shall read: 36C25625Q0140 RFI Commvault Renewal.

mailto:Quentin.Chew@va

Statement of Work

GENERAL INFORMATION

The Department of Veterans Affairs (VA) Michael E. DeBakey VA Medical Center

(MEDVAMC) located at 2002 Holcombe Blvd., Houston, TX 77030 is requesting delivery of

Commvault Cloud Hyperscale X Reference Software and licenses 12-drive node, per node (at the

MEDVAMC main hospital shall be compatible with current hardware. This is for a Firm Fixed

Price Contract.

DESCRIPTION OF WORK:

The Contractor shall furnish all software and licenses for Commvault Hyperscale X that will be in use at the MEDVAMC as defined herein the Statement of Work (SOW). The Commvault

Hyperscale X license must be compatible with current Commvault hardware.

(ADD COMMVAULT HARDWARE)

The Contractor shall not be considered government employees for any purpose under the contract. These products are required for Commvault Hyperscale X backup storage to work as intended and must meet stringent quality control and compliance standards.

The Contractor shall provide access, licensure, upgrades, support and maintenance for the

Commvault Hyperscale X including updates and telephone support from 6:00a.m. – 4:00p.m.

Central Standard Time, weekdays, no holidays, for the purpose of maintaining and accessing existing software resulting in fully functional and operationally capable as intended by the manufacturer.

PERIOD: Each ordering period will cover equipment, connectivity, all license and support at the

MEDVAMC for 12 months.

Period 1: 36 months (from date of award)

EQUIPMENT SCHEDULE:

The Contractor accepts responsibility for equipment in "as is" condition. Failure to inspect the systems prior to contract award will not relieve the Contractor from performance of the requirements of this contract. Following the completion of any service performed by the contractor, the contractor shall show to the Contracting Officer’s Representative (COR)/VA

Point of Contact (POC) that the required system components are in place and fully functional prior to COR acceptance explained in the Reporting Requirements Section.

COMPETENCY OF CONTRACTOR PERSONNEL SERVICING EQUIPMENT

A. The Contractor shall have an established business, with an office and full-time Contractor personnel. The Contractor personnel includes a "fully qualified" FSE and a "fully qualified" FSE who will serve as the backup.

B. "Fully Qualified" is based upon training and on experience in the field. For training, the

FSE(s) has successfully completed a formalized training program, for the equipment and is OEM

Certified. For field experience, the FSE(s) has a minimum of two years of experience (except for equipment newly on the market) with respect to scheduled and unscheduled preventive and remedial maintenance, on the covered equipment listed in the “Equipment Identification”

Section.

C. The FSEs shall be authorized by the OEM to perform the maintenance services. All work shall be performed by "Fully Qualified", OEM Certified competent FSEs. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model the Contractor services at the VAMC prior to award.

The VA POC may authenticate the training requirements, request locations, training certificates or credentials, and technician location from the Contractor at any time for any Contractor personnel who are servicing or installing any equipment. The CO and/or VA POC specifically reserve the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment if evidence is not provided when requested.

D. If subcontractor(s) are used, they must be approved by the COR; the Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

CONTRACTOR QUALIFICATIONS:

The Contractor shall an approved vendor by the Original Equipment Manufacturer (OEM) as an authorized distributor.

the Contractor shall submit with technical quote an authorized distributor letter by the OEM on OEM letterhead. Failure to submit an authorized distributor letter by the OEM with technical quote by close of the solicitation due date shall result in Contractor’s technical quote as technically unacceptable.

CONTRACTOR REQUIREMENTS:

• The Contractor shall provide all products listed in Equipment Schedule without substitutions

(unless pre-approved by the VA POC).

• The Contractor shall provide software updates remotely, as they become available, or shipped on

Compact Disc (CD) to the VA POC and requested service. Any updates to the SKUs for software purposes shall be made available to the VA POC within 30 days of release by the manufacturer.

• The Contractor shall provide COMMVAULT HYPERSCALE X support to MEDVAMC and

CBOCs immediately following software installation and in accordance with this Statement of

Work (SOW).

• The Contractor shall provide 24-hour telephone support.

• Delivery Schedule: The Contractor shall send the first COMMVAULT HYPERSCALE X software update within one week of receipt of effective date of award and commence telephone support immediately, coordinating with the VA POC.

• Communication Services: The Contractor shall provide a call center to be maintained for government assistance Monday – Friday 8:00 a.m. – 4:30p.m. Central Standard Time, not including government observed holidays. The Contractor shall provide telephone support service to VA POC and respond to VA POC within one hour of a call placed by VA POC to the

Contractor.

• Software upgrades shall be provided at no additional charge.

• Contractor shall provide mandatory safety and performance-related updates to covered equipment and software.

• The system software problem identification and enhancements with an amount not to exceed 9 days. This shall be conducted via teleconferences as no travel shall be included.

• The Contractor shall maintain a Return Material Authorization (RMA) Contact.

• Copyrighted Materials: The Contractor shall not engage in any unauthorized duplication of copyrighted materials by photocopying or any other means that would expose the government to liability for penalties under existing or future copyright laws.

• Any charges for parts, services, labor, travel, manuals, tools, installation, firmware or software required to successfully complete unscheduled maintenance are included within this contract unless specifically stated in writing otherwise and approved by the VA POC.

HOURS OF COVERAGE: All work shall be conducted Monday through Friday between 6:00a.m. and

4:00p.m., Central Standard Time excluding Federal holidays and unless other times are arranged in advance and approved in writing by the delegated VA POC. If the designated VA POC is not present, the Contractor shall contact the alternate VA POC. The government also observes Executive Orders, President’s Proclamation, and days designated by Federal Statute.

The government hereby provides notice, and the Contractor hereby acknowledges receipt that government personnel observe the listed days as holidays:

New Year’ Day January 01

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth Day Third Monday in June

Independence Day July 04

Labor Day First Monday in September

Columbus Day Second Monday in October

Veteran’s Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

The following laws, regulations, policies, and procedures, including all subsequent changes or updates apply:

FAR Federal Acquisition Regulation

VAAR Veterans Administration Acquisition Regulation

Standards All applicable Federal, State, Local and Industry: Laws, Policies and Standards as applicable to the proper performance afore and hereafter described.

GRAY MARKET PREVENTION:

GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original

Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.

(b) Vendor shall be an OEM, authorized vendor, authorized distributor, or authorized reseller authorized for the purchase of proposed equipment/system, evidence of proof verified by an authorization letter on

OEM letterhead or other document of valid purchase to obtain supplies and proof of access to software/updates from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discover of such items.

DEFINITIONS/ACRONYMS

A. Biomedical Engineer(ing) - Supervisor or designee.

B. CO - Contracting Officer

C. COR - Contracting Officer's Representative

D. FSE - Field Service Engineer. A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the VAMC premises.

E. ESR - Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

F. Acceptance Signature - VA employee who is authorized to sign-off on the ESR which indicates that the PM has been concluded or is still pending completion, or that the Emergency

Repair has been accomplished or is still in a pending status.

G. Authorization Signature - COR's signature; indicates COR accepts work status as stated in

ESR.

H. NFPA - National Fire Protection Association.

I. CDRH - Center for Devices and Radiological Health.

J. MEDVAMC – Michael E. DeBakey Veterans Affairs Medical Center

K. VAH - Department of Veterans Affairs Hospital

L. OEM - Original Equipment Manufacture

M. COMMVAULT BACKUP STORAGE SERVER- Graphics processing unit

The Joint Commission

Business Day: A business day includes the entire 24-hour period ending at midnight, and a notice required by the regulation is effective even if given outside normal business hours.

SAFETY: Safety precautions shall include, but are not limited to the following requirements:

a) OSHA (Occupational Safety and Health Act)

b) Applicable State and Local Safety Operation Procedures

c) VA Safety Practices and Policies, VAMC standard operating procedures, and any other

Federal, State, and Local regulations pertaining to the supplies listed for this contract.

d) JCAHO (The Joint Commission, formerly, Joint Commission Accreditation of Healthcare

Organizations)

INFORMATION SECURITY: The C&A requirements do not apply, and a Security Accreditation

Package is not required.

SHIPPING

The Contractor shall pay all shipping and handling fees for supplies shipping in both directions for warranty claims placed by phone or email that are covered by the warranty and support agreement.

The Contractor shall provide the VA point of contact (POC) with Alert/Notifications of any delays in shipment as well as any or all technical advisory/recalls prior to or simultaneously with filed alerts.

SERVICE MANUALS/TOOLS/EQUIPMENT

The MEDVAMC shall not provide travel, tools, (test) equipment, service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSE's all travel, operational and technical documentation (such as; operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract.

ONSITE REPORTING REQUIREMENTS

The Contractor shall be required to report to MEDVAMC Biomedical Engineering to log in. When the service is completed, the FSE shall document services rendered on a legible ESR(s). The FSE shall be required to log out with Biomedical Engineering and submit the ESR(s) to the VA POC.

ALL ESRs shall be submitted to the equipment user for an "acceptance signature" and to the VA

POC designee for an "authorization signature" unless otherwise stated by the VA POC. If the

COR VA POC within 5 days after the service day. A signed, authorized copy of the ESR will be returned to the Contractor after the work can be reviewed (if requested or noted on the ESR).

VA Biomedical Contact Persons:

Location (Building/Room Number):

Telephone Number & Extension(s):

SOFTWARE UPGRADES & UPDATES

Contractor shall include, at no extra charge, any engineering and software update necessary for continued optimum operation of the equipment listed in this contract.

The contractor shall provide all operational upgrades to the equipment hardware and operating system software that materially affects the performance of the equipment, without additional charge to the government. These enhancements to the contractor’s equipment shall be delivered to the government site and installed by the contractor within 60 days of their issuance or date of first commercial availability.

SAFETY REQUIREMENTS

In the performance of this contract, the Contractor shall take such safety precautions as the

Contracting Officer, or his/her designee, may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall have one supervisory employee, who will disseminate requirements to those who work at our facility. The Contracting Officer or his/her designee will notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his representative at the site of work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly with such notice, the contracting Officer may issue an order stopping all or any part of the work and hold the Contractor in default.

The MEDVAMC, CO, VA POC or any of its and/or their associates, personnel or descendants under any conditions or circumstances shall not be held responsible for any safety incident or any injury or any inconvenience experienced by the Contractor, their associates, or subcontractors while performing the services, labor, travel, software upgrades or maintenance included within this contract to the extent applicable by federal, local and state law with federal law taking precedence.

IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS

The Contractor's FSEs shall wear visible identification at all times while on the premises of the

VAMC. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VAMC shall not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

Smoking is prohibited on the VA medical center campus. Possession of weapons is prohibited.

Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

NOTE: - The Contractor must submit with technical proposal unique or unusual conditions to suit specific situation(s) should the above clause not be entirely applicable.

OTHER REQUIREMENTS

a) The Contractor shall require his employees to comply with all VA rules and regulations pertaining to the conduct of his employees while on station. Particular attention is drawn to the fact that the VAMC is a NO SMOKING Facility. Smoking is not permitted in any building and is only permitted in designated smoking shelters on the VA campus.

b) Contractor shall have use of station telephones to make business calls related to Medical

Center’s equipment. Misuse of this privilege will necessitate the need to require the contractor to use public telephones.

UNAUTHORIZED USE OF GOVERNMENT EQUIPMENT

(1). The Contractor shall not allow his/her employees, including Subcontractors’ employees, to open desk drawers, cabinets, or to use office equipment, including the use of non-pay telephones for any purpose other than a local emergency call.

(2). The Contractor shall be responsible to provide all necessary equipment, tools, parts, and materials to perform the work. The Government shall not be obligated to provide any equipment, tools, parts, and materials to assist the Contractor in performing the work.

PAYMENT

All invoices shall be submitted after delivery and activation of license, properly prepared in accordance with FAR 52.212-4, contain sufficient details, and match with the service tickets for the work rendered.

A. Invoices

Invoices shall be properly prepared and sent electronically to the VA Financial Services Center for payment processing via their electronic e-Invoice system. Invoices shall be sent in arrears at the beginning of the first month of each quarter following the quarter in which the services were rendered and billed for. At a minimum, all invoices shall include the following details:

Ø Contract No.

Ø Purchase Order No. Correct purchase order number which will be issued by the Contracting

Officer after the contract is awarded. Invoices without correct purchase order number shall be rejected and returned to the Contractor.

Ø Item(s) covered (to include serial #'s)

Ø Description of the services rendered

Ø Billing period in which the services were rendered

Ø Invoice number and date

Payments will be made in accordance with the prompt payment act out of the Government annual appropriated funds obligated in a purchase order which will be issued after the contract is awarded.

VA’s Electronic Invoice Presentment and Payment System – The Financial Service Center (FSC) uses a third-party contractor, Tungsten, Vendor Electronic Invoice Submission Methods.

Facsimile, e-mail, 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 electronic data transmission methods below:

• VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission.

Please go to this website: http://www.tungstennetwork.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 (http://www.x12.org ).

B. Invoices for Repair Services

Invoices for repair services shall be properly prepared, contain sufficient details, and include a copy of the repair tickets issued by the repairman who provided the repair services. Invoices for repair services shall be submitted in arrears.

The VA reserves the right to pay for repair services either by the Government purchase card administered, or by a separate purchase order at its own discretion. The contractor shall be able to participate and accept the Government purchase card.

If the Contractor fails or refuses to comply with the terms set forth by this contract, the

Contracting Officer may issue an order stopping all or any part of the work and hold the

Contractor in default. The VA reserves the right to prorate any amount due over a period for example, quarterly or bi-annually.

ADDITIONAL CHARGES

There will be no additional charge for time spent at the site (during, or after the normal hours of coverage) awaiting the arrival of additional FSE and/or delivery of parts.

In any case, the VA shall be explicitly notified in advance that additional charges will be incurred, prior to beginning such work. In such instances that the VA agrees the work is not within the scope of the contract, and the VA desires the Contractor to perform service, a separate purchase order will be issued to the Contractor for the work. Any service required which the Contractor believes to be in excess of the contract provisions and require additional payment (e.g., work beyond normal work hours) shall not be performed without prior authorization from the BIOMED COR, who will arrange a separate purchase order to pay for the additional service if desired by the VA.

The Government shall not be responsible for incidental charges including, but not limited to, parking, tolls, mileage, phone, etc., on straight time or overtime work.

GOVERNMENT PARTY TO EXECUTE AND MODIFY THE CONTRACT

After the contract has been in force for a period of time, it may be necessary to change and/or modify the operations to provide better service. Pursuant to FAR 52.212-4, changes in the terms and conditions of this contract may be made only by written agreement of the parties. Only the signature of the Contracting Officer can execute the modification.

End of Statement of Work