Solitication 36C10B23Q0008 - Software Maintenance For Feith.docx

DOCX document 242 KB Posted Oct 31, 2022

Attached to: DA10--Feith-Maintenance Recompete (Renewal) (VA-23-00000374)
Solicitation number: 36C10B23Q0008
Issued by: Department of Veterans Affairs Technology Acquisition Center Austin

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Written by GovTribe AI · Dec 28, 2023

This is a solicitation for software maintenance services for Feith products currently used by the Department of Veterans Affairs. The solicitation will result in a firm-fixed price contract awarded on a sole-source basis to Feith Systems and Software, Inc. as the incumbent. The period of performance is three years including two 12-month option periods. Responses are due by November 1, 2022, with an anticipated award date of November 2, 2022. The solicitation is for maintenance and support of various Feith software licenses, and the contractor must submit licensing and support information to the contracting office. The Department of Veterans Affairs Technology Acquisition Center is the contracting office located in Eatontown, New Jersey.

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36C10B22Q0018

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C10B23Q0008

10-31-2022 Colleen Beery, Contract Specialist 848-377-5257 11-01-2022

3PM EST

Department of Veterans Affairs Technology Acquisition Center 23 Christopher Way

Eatontown, NJ 07724

541512 $30 Million N/A

N/A

See Delivery Schedule

23 Christopher Way

Eatontown NJ 07724

Financial Services Center PO Box 149971 Austin TX 78714-8971

See CONTINUATION Page

This solicitation is issued on a sole-source basis for brand name Feith Software Maintenance

This solicitation will result in a Firm Fixed Price Contract

POC: Contract Specialist: Colleen Beery, Colleen.Beery@va.gov

Alternate POC: Contracting Officer: Edward Hebert, Edward.Hebert@va.gov

Edward Hebert Contracting Officer

Table of Contents

SECTION A ………………………………………………………………………………………………1

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

A.2 COMBINED SYNOPSIS/SOLICITATION

SECTION B - CONTINUATION OF SF 1449 BLOCKS	5
B.1 GOVERNING LAW	5
B.2 SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT	6
B.3 CONTRACT ADMINISTRATION DATA	8
B.5 PRODUCT DESCRIPTION	28
SECTION C - CONTRACT CLAUSES	47
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)	47
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUL 2021)	47
C.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS	55
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)	57
C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)	57
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS	59
SECTION E - SOLICITATION PROVISIONS	60
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)	60
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)	60
E.3 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (OCT 2020)	63
E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)	63
E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)	65
E.6 52.216-1 TYPE OF CONTRACT (APR 1984)	82
E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)	82
E.8 BASIS FOR AWARD	83
E.9 RESPONSE INSTRUCTIONS	83

A.2 COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and an additional solicitation will not be issued.

(ii) Request for Proposal (RFP) 36C10B23Q0008

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-06

(iv) Notice of Sole Source to Feith Systems and Software, Inc

(v) See Section B below for the Price Schedule.

(vi) See Section B below for the Product Description.

(vii) The ordering period shall be three years, inclusive of options, if exercised.

(viii) The provision at 52.212-1, “Instructions to Offerors -- Commercial,” applies to this acquisition. See Section E below for addenda.

(ix) The provision at 52.212-2, “Evaluation -- Commercial Items,” does not apply to this acquisition. See Section E below for the Evaluation procedures and Basis for Award.

(x) Offerors shall include a completed copy of the provision at 52.212-3, “Offeror Representations and Certifications -- Commercial Items,” with its offer. See Section E below for addenda.

(xi) The clause at 52.212-4, “Contract Terms and Conditions -- Commercial Items,” applies to this acquisition. See Section C below for the addenda.

(xii) The clause at 52.212-5, “Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items,” applies to this acquisition. See Section C below for the addenda.

(xiii) See Section B below regarding requirements for Software License, Maintenance, and Technical Support.

(xv) Proposals are due by 3:00PM ET on November 1, 2022. Offerors shall submit Proposals via email to Colleen.Beery@va.gov and Edward.Hebert@va.gov.

(xvi) Please contact Contract Specialist Colleen Beery, Colleen.Beery@va.gov, or Contracting Officer, Edward Hebert, Edward.Hebert@va.gov for information regarding the solicitation.

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, as permitted by FAR 12.212. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ) in accordance with 28 U.S.C. § 516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by 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, MAINTENANCE AND TECHNICAL SUPPORT

(1). Definitions.

a) Licensee. The term “licensee” shall mean the U.S. Department of Veterans Affairs (“VA”) and is synonymous with “Government.”

b) Licensor. The term “licensor” shall mean the Contractor having the necessary license or ownership rights to deliver license, software maintenance and support of the computer software being acquired. The term “Contractor” is the party identified in Block 17a on the SF1449. If the Contractor is a reseller and not the Licensor, the Contractor remains responsible for performance under this Contract/Order.

c) Software. The term “software” shall mean the licensed computer software product(s) cited in the Schedule of Supplies/Services.

d) Maintenance. The term “maintenance” is the process of enhancing and optimizing software, as well as remedying defects. It shall include all new fixes, patches, releases, updates, versions and upgrades, as further defined below.

e) Technical Support. The term “technical support” refers to the range of services providing assistance for the software via the telephone, email, a website or otherwise.

f) Release or Update. The term “release” or “update” are terms that refer to a revision of software that contains defect corrections, minor enhancements or improvements of the software’s functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware.

g) Version or Upgrade. The term “version” or “upgrade” are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version 5.4 to 6).

(2). Software License.

a) Unless otherwise stated in the Schedule of Supplies/Services, the Performance Work Statement or Product Description, the software license provided to the Government is a perpetual, nonexclusive license to use the software.

b) The Government may use the software in a networked environment.

c) Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d).

d) All limitations of software usage are expressly stated in the Schedule of Supplies/Services and the Performance Work Statement/Product Description.

(3). Software Maintenance and Technical Support.

a) If the Government desires to continue software maintenance and support beyond the period of performance identified in this Contract/Order, the Government will issue a separate contract or order for maintenance and support. Conversely, if a contract or order for continuing software maintenance and technical support is not received, the Contractor is neither authorized nor permitted to renew any of the previously furnished services.

b) The Contractor shall provide software support services, which includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the Contractor to its commercial customers so as to cause the software to perform according to its specifications, documentation or demonstrated claims.

c) Any telephone support provided by Contractor shall be at no additional cost.

d) The Contractor shall provide all maintenance services in a timely manner in accordance with the Contractor’s customary practice or as defined in the Performance Work Statement or Product Description. However, prolonged delay (exceeding 2 business days) in resolving software problems will be noted in the Government’s various past performance records on the Contractor (e.g., www.cpars.gov).

e) If the Government allows the maintenance and support to lapse and subsequently wishes to reinstate it, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed the subscription to lapse.

(4). Disabling Software Code. The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such disabling code is present, the Contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the contractor agrees to remove such code upon the Government’s request at no extra cost to the Government. Inability of the Contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of contract, and the Government may exercise its right to terminate for cause. In addition, the Government is permitted to remove the code as it deems appropriate and charge the Contractor for consideration for the time and effort expended in removing the code.

(5). Manuals and Publications. Upon Government request, the Contractor shall furnish the most current version of the user manual and publications for all products/services provided under this Contract/Order at no cost.

B.3 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:	Feith Systems and Software, Inc.
	425 Maryland Dr.

Fort Washington, PA 19034

b. GOVERNMENT: Contracting Officer 36C10B

Department of Veterans Affairs

Technology Acquisition Center

23 Christopher Way

Eatontown NJ 07724

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

[X]

52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[]

52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly	[]
b. Semi-Annually	[]
c. Other	[X] [In accordance with Price Schedule, B.4

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:

AMENDMENT NO

DATE

B.4 PRICE SCHEDULE

Page 1 of

Inspection: Destination Acceptance: Destination

Base Period The Period of Performance (POP) shall be 12 months, beginning at time of award.

Item No.

Product Description

QTY

Unit

Unit Price

Total Price

Control No: SW1324 Description: Maintenance SW-Feith Document Database (FDD) FORMS IQ FORMS BUILDER-FDD Forms IQ Forms Builder License Metric: Per Server License Duration: Perpetual OEM: Feith Systems and Software, Inc.

Mfg Part No: FDD FORMS IQ Site No: NCA Customer No: VA-NCA-61540(QITC) Mfg Model No: 8408 850 HW Serial No: 0000A689W MCC: C00 AppCode: MEM Location: QITC

Control No: SW1327 Description: Maintenance SW-Feith Document Database (FDD) Auditor-FDD Auditor IQ License Metric: Per Server License Duration: Perpetual OEM: Feith Systems and Software, Inc.

Mfg Part No: FDD AUDITOR Site No: NCA Customer No: VA-NCA-61540(QITC) Mfg Model No: 8408 850 HW Serial No: 0000A689W MCC: C00 AppCode: MEM Location: QITC

Control No: SW1329 Description: Maintenance SW-Feith Document Database (FDD) OBJECT SWEEPER-FDD Object Sweeper License Metric: Per Server License Duration: Perpetual OEM: Feith Systems and Software, Inc.

Mfg Part No: FDD OBJ SWP Site No: NCA Customer No: VA-NCA-61540(QITC) Mfg Model No: 8408 850 HW Serial No: 0000A689W MCC: C00 AppCode: MEM Location: QITC

Control No: SW1330 Description: Maintenance SW-Feith Document Database (FDD) QUICK INTEGRATOR LITE-FDD Quick Integrator Lite License Metric: Client (Multiple Users, Windows) License Duration: Perpetual OEM: Feith Systems and Software, Inc.

Mfg Part No: FDD QI LITE Site No: NCA Customer No: VA-NCA-61540(QITC) Mfg Model No: 8408 850 HW Serial No: 0000A689W MCC: C00 AppCode: MEM Location: QITC

Control No: SW1331 Description: Maintenance SW-Feith Document Database (FDD) SCAN STATION-FDD Scan Station License Metric: Client (Multiple Users, Windows) License Duration: Perpetual OEM: Feith Systems and Software, Inc.

Mfg Part No: FDD SCAN Site No: NCA Customer No: VA-NCA-61540(QITC) HW Serial No: 2UA6521VDM MCC: C00 AppCode: MEM Location: QITC

Control No: SW1332 Description: Maintenance SW-Feith Document Database (FDD) SERVER SOFTWARE-FDD Server Software License Metric: Per Server License Duration: Perpetual OEM: Feith Systems and Software, Inc.

Mfg Part No: FDD SERVER UNIX Site No: NCA Customer No: VA-NCA-61540(QITC) Mfg Model No: 8408 850 HW Serial No: 0000A689W MCC: C00 AppCode: MEM Location: QITC

Control No: SW1333 Description: Maintenance SW-View & Cold-FDD View & Cold (50-User Pack) License Metric: Per User License Duration: Perpetual OEM: Feith Systems and Software, Inc.

Mfg Part No: FDD VIEW 50 Site No: NCA Customer No: VA-NCA-61540(QITC) Mfg Model No: 8408 850 HW Serial No: 0000A689W MCC: C00 AppCode: MEM Location: QITC

Control No: SW1334 Description: Maintenance SW-Feith Document Database (FDD) VOL IMG PROCESSING-FDD Vol Image Processing License Metric: Client (Multiple Users, Windows) License Duration: Perpetual OEM: Feith Systems and Software, Inc.

Mfg Part No: FDD VIP SCAN Site No: NCA Customer No: VA-NCA-61540(QITC) Mfg Model No: 8408 850 HW Serial No: 2UA6521VDM MCC: C00 AppCode: MEM Location: QITC

Control No: SW1335 Description: Maintenance SW-Feith Document Database (FDD) WEB UNIX MODULE-FDD Web Unix Module License Metric: Per Server License Duration: Perpetual OEM: Feith Systems and Software, Inc.

Mfg Part No: FDD WEB UNIX Site No: NCA Customer No: VA-NCA-61540(QITC) Mfg Model No: 8408 850 HW Serial No: 0000A689W MCC: C00 AppCode: MEM Location: QITC

Control No: SW1336 Description: Maintenance SW-Feith Document Database (FDD) BARCODE RECOGNITION SRVR-FDD Barcode Recognition Server License Metric: Per Server License Duration: Perpetual OEM: Feith Systems and Software, Inc.

Mfg Part No: FDD BRCD SVR Site No: NCA Customer No: VA-NCA-61540(QITC) HW Serial No: 2UA6521VDM MCC: C00 AppCode: MEM Location: QITC

Control No: SW1339 Description: Maintenance SW-BridgeLogiQ License Metric: Per Environment (Alpha(test)(10); Beta(Pre-Production)(10); Production (100)) License Duration: Perpetual OEM: Feith Systems and Software, Inc.

Mfg Part No: SBL 100 Site No: NCA Customer No: VA-NCA-61540(QITC) Mfg Model No: 8408 850 HW Serial No: 0000A689W MCC: C00 AppCode: MEM Location: QITC

Lot

0012

Control No: SW1342

Description: Maintenance SW-BridgeLogiQ License Metric: Per Environment (Development (10); Production (105)) License Duration: Perpetual OEM: Feith Systems and Software, Inc.

Mfg Part No: SBL 100 Site No: NCA Customer No: VA-NCA-61540(QITC) Mfg Model No: 9119 MME HW Serial No: 0000D8FA7 MCC: C00 AppCode: MEM Location: QITC (CRRC)

Lot

0013

Deliverable Support Information:

The Contractor shall complete the Deliverable Support Information form (DSI) for maintenance support. The Contractor shall fill in blocks 15-32. Note for Multiple CLINs: For asset specific information that applies to multiple CLINs, provide an attachment correlating any asset specific information to specific CLINS. (For example: Serial Numbers or License Keys). The Contractor shall provide Original Equipment Manufacturer (OEM) confirmation that all software support or licenses have been purchased. The Contractor shall provide service call instructions to include all information required to obtain maintenance, support or licenses.

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

NSP

Total Base Period:

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.” (MAR 2000). Work shall not commence until, and unless, a formal modification is issued by the Contracting Officer. If exercised, this option period shall be 12 months commencing immediately after the expiration of the Base Period.