Attachment_0001_-_ITES-SW_2_SOW.pdf

Information Technology Enterprise Solutions-Software 2 (ITES-SW 2)

TBD

Statement of Work (SOW)

1. Introduction Army Computer Hardware Enterprise Software and Solution (CHESS), in coordination with the Army Contracting Command (ACC), Rock Island (RI), requires contracts to support the Army’s IT software requirements, within the Continental United States (CONUS) and Outside the Continental United States (OCONUS) to include remote OCONUS (see Para 5.3), covering a full range of Information Technology (IT) software for client, server, storage, and network environments; for software maintenance; and for related incidental services and hardware as part of an Information Technology Enterprise Solutions – Software 2 (ITES-SW 2) total solution. The software, software maintenance and related incidental services and hardware shall be commercial in accordance with the definition of commercial items in Federal Acquisition Regulation (FAR) 2.101.

The fundamental purpose of the ITES-SW 2 acquisition is to support the Army and all Federal agencies in their enterprise infrastructure and infostructure goals by leveraging commercial-off-the-shelf (COTS) software products and maintenance in specific product categories. Software catalogs included on ITES-SW 2 will contain products that have and have not gone through a vetting process. The Certificate of Networthiness (CoN) is a legacy Army requirement for networthiness vetting in accordance with Army Regulation (AR) 25-1, paragraph 6-8, “activities must obtain a CoN before they connect hardware/software to the LandWarNet (LWN).” This process ended on 02 July 2018 and was replaced by the Assess Only process under the Risk Management Framework (RMF). All existing CoNs will continue to be valid until their expiration date. RMF is a common framework for Federal Information Systems (IS) developed by the National Institute of Standards and Technology (NIST) with the goals of improving information security, strengthening the overall risk management process, and encouraging system reciprocity among federal agencies. The Government will require Contractors to indicate which products offered have legacy CoNs, have been through RMF, or are listed on a DoD approved program. The DoD approved programs are: DoD Unified Capabilities Approved Product List, National Security Agency (NSA) National Information Assurance Partnership/Common Criteria, Defense Information Systems Agency (DISA) Security Technical Implementation Guide/Security Requirements Guide, DISA DoD Mobile Application Store, Cross Domain Solution, and NSA Commercial for Classified. Customers must ensure they follow their respective agency policy when purchasing and installing products on their networks.

1.1 Operational Environment

The diversity of the Government’s user base prevents the provision of a single example that typifies the entire operation. The acquisition, therefore, provides a well-rounded scope offering software products in 14 major categories in addition to supporting total solution requirements. A total solution is defined as a software requirement that includes related incidental services and/or hardware. A goal of this acquisition is to provide maximum opportunities for customers to compete salient characteristic, capabilities-based requirements instead of solely brand name requirements.

2. Scope The Contractor shall provide for the purchase of COTS software products, software maintenance and related incidental hardware and services. Contractors must be able to fulfill total solution requirements as defined above in paragraph 1.1.

Software products will be listed on a catalog as defined under paragraphs 3.1 through 3.14 and additional within-scope items will be fulfilled under paragraphs

4.1 through 4.2 below. In this context, a catalog is a list of software under a particular category that is approved by the Government to be published under the catalog.

In order to keep pace with changes in technology, the Contractor shall provide for new technologies and refresh their catalog product offerings in accordance with the Contractor’s commercial business practices, and in accordance with this contract, over the life of this contract. These new technologies may include, but are not limited to: enhancements and upgrades of current products and future products within the contract scope.

Contractors must indicate whether proposed products have an active CoN, have gone through the RMF process, or are listed on a DoD approved program in addition to providing accurate salient characteristic descriptions for the proposed products. Accurate means that the salient characteristics provided are a correct representation of the product and it’s capabilities. Contractors may utilize the sub-catalogs under each main catalog in Appendix A (Product Catalogs 1 – 14) for reference.

Ordering will be open to the Army, DoD, all other Federal Agencies and authorized Government Contractors supporting these agencies. Government Contractors performing work for these agencies may place Delivery Orders under this Contract on behalf of and for the benefit of these agencies if authorized by their cognizant Contracting Officer in accordance with the requirements of FAR 51 and/or DFARS 251 as appropriate.

Any products which are customarily given to the public or other private industry customers free of charge must also be provided to the Government free of charge.

However, other restrictions in this SOW, such as the baseline terms and conditions of this contract and compliance with federal laws and regulations, still apply to any product provided to the Government, regardless of the cost.

3. Product Catalogs The product catalogs are identified under paragraphs 3.1 through 3.14. Under each catalog, sub-catalogs are identified. Salient characteristics are represented for each sub-catalog within each of the fourteen catalogs. The sub-catalogs and salient characteristics are not all inclusive. The sub-catalogs and salient characteristics are only meant to provide additional clarification as to what is considered within scope of the main catalog. These items can be found in Appendix A (Product Catalogs 1-14).

Contractors shall provide products in the four Core Catalogs in addition to a minimum of four additional catalogs of the Contractor’s choosing. The four Core Catalogs are IT Utility & Security, Modeling & Simulation, Multimedia & Design and Programming & Development. These catalogs are identified by asterisks (*) below.

The Contractor shall meet the depth requirements for each catalog. Depth represents coverage of software product lines within each catalog. The depth requirement for each catalog can be found in Appendix A (Product Catalogs 1 – 14). Contractors shall provide unique products to meet the depth requirements.

Unique does not mean the Contractors offering the same product, multiple ways.

Contractors shall not propose the same unique product under multiple catalogs;

the Contractor shall select the most appropriate catalog if the product could fit in multiple catalogs. For additional clarification, any product "suite" will be considered a unique product. Applications that make up a product "suite" will be considered unique products. Depth must be maintained in the Core Catalogs as well as a minimum of four additional catalogs of the Contractor’s choosing for the life of the contract.

Contractors will provide all commercially available delivery methods and licensing models for products on their catalogs. Examples of delivery methods and licensing models include but are not limited to Perpetual, Subscription and Software-as-a-Service.

In addition to the fourteen product catalogs identified under paragraphs 3.1 – 3.14, a requirement to support the procurement of within scope related incidental hardware and services is further explained in Paragraph 4.1 and 4.2 respectively.

3.1 ITES-SW 2 Catalog 1 – Audio & Visual

Includes but is not limited to: Compact Disc (CD) & Digital Video Disc (DVD) tools, converters, encoders, music creation, music management, players, rippers, audio utilities, plug-ins, burning software, video editing, video codecs.

3.2 ITES-SW 2 Catalog 2 – Business & Finance

Includes but is not limited to: Project management, financial tracking tools, taxes, regulatory compliance, accounting, logistics, supply chain management, traffic control (air, land, sea), architecture, business planning and continuity, construction and Contractor management, facility management, human resources, personnel, legal, purchasing, marketing, transportation, software related to decision support, executive support, analytics, and customer relationship management.

3.3 ITES-SW 2 Catalog 3 – Communication

Includes but is not limited to: Email, instant messaging, Voice over Internet Protocol (VoIP), calendars, contact managers, speech/text/handwriting recognition, language translation and study, telephone management systems.

3.4 ITES-SW 2 Catalog 4 – Database, Data Integration & Big Data Includes but is not limited to: Database, database manipulation tools, data warehousing and data governance.

3.5 ITES-SW 2 Catalog 5 – Education

Includes but is not limited to: Teaching tools, training, library/libraries.

3.6 ITES-SW 2 Catalog 6 - Internet

Includes but is not limited to: Ad blockers, anti-spam, browsers, file sharing, File Transfer Protocol (FTP), synchronization.

3.7 ITES-SW 2 Catalog 7 - Modeling and Simulation*

Software that facilitates a level of understanding of the interaction of the parts of a system, and of the system as a whole. Includes but is not limited to: numerical analysis, statistical, Geographic Information System (GIS) software, games/gaming, 3D modeling, and mapping software.

3.8 ITES-SW 2 Catalog 8 – Multimedia & Design*

Software used for graphic design, multimedia development, specialized image development, general image editing, or to access graphic files. Includes but is not limited to: 3D drawing, computer aided design (CAD), digital photography applications, animation creation, illustration, image editing, font tools, authoring tools, desktop publishing, graphics, and label makers (CD & paper).

3.9 ITES-SW 2 Catalog 9 – NetOps

Network Operations (NetOps) tools monitor and manage the networked devices.

NetOps tools securely manage, operate and maintain the network. NetOps includes Data Center Automation tools, Network Performance Monitor tools, Server & Application Monitor tools, Network Configuration Manager tools, IT Operations Management and IT Service Management tools.

3.10 ITES-SW 2 Catalog 10 - Office Suite

Includes but is not limited to: Word processing, spreadsheet, presentation software, office automation, Portable Document Format (PDF) documents

3.11 ITES-SW 2 Catalog 11 – Operating Systems

Includes but is not limited to: Solaris, Fedora, AIX, application runtime, web server, message brokers, message queuing, application integration.

3.12 ITES-SW 2 Catalog 12 - Programming and Development*

Includes but is not limited to: Software that assists in the development of software applications, editors, compilers, parsers, interpreters, loaders, programming libraries, documentation tools, testing environments, application creation and web design.

3.13 ITES-SW 2 Catalog 13 – IT Utility and Security*

Includes but is not limited to: Network administration tools, firewalls, backups, disk utilities security/cybersecurity tools, encryption tools, cryptography tools, password managers/creators, file compression, registry tools, test and document editors, data mining, decision support systems, asset and inventory management, peripheral utilities, (scanners, printers, etc), handheld software, optical character recognition.

3.14 ITES-SW 2 Catalog 14 – Specialized

Includes but is not limited to: Automotive, avionics, Heating, Ventilation and Air Conditioning (HVAC), medical, aerospace, agriculture, artificial intelligence, bar code scanners, physical security, resume writer.

3.15 Software Maintenance

Software Maintenance entitles the license holder to all product version updates free of charge throughout the duration of the Software Maintenance term. Product version updates include bug fix updates, minor version updates or major version updates. Updates to the products and documentation licensed will be furnished upon request or when released.

Software Maintenance on initial software license purchases must be in accordance with best commercial practices valid from the registration date.

Additional Software Maintenance, such as extended support for end-of-life (EOL) products, should be available to customers and may be purchased at the time of initial license purchase or after registration date.

3.16 Software Catalog Requirements

(a) Minimum Product Offering - The Contractor has a continuing obligation over the life of the contract to provide products in the four Core Catalogs in addition to a minimum of four additional catalogs of the Contractor’s choosing.

Contractors must maintain the depth for these catalogs outlined in Appendix A (Product Catalogs 1-14).

(b) Software Product Additions - Software products may be added to any catalog at any time. Contactors should allow 15 days for Technical review after refreshes are submitted.

Software that meets the Government requirement may be added to Contractor catalogs, but not before the following is submitted:

(1) Contractors must indicate that the proposed catalog update is submitted under the authority of this subpart;

(2) Contractors must provide the proposed effective date of a catalog change;

(3) Contractors must utilize the Government provided template and submit through the CHESS process to facilitate modification of the contract;

(4) Contractors must provide verification from the original equipment manufacturer (OEM)/publisher/distributor of each proposed software product to demonstrate that the Contractor is an authorized reseller of the proposed software product (i.e., letter of supply, letter of authorization, or the like). The verification shall be product specific and include effective dates.

A catalog product addition shall not apply until notification of approval in writing is provided by the Procurement Contracting Officer. The Government shall evaluate all requests to determine if the software product addition is within scope of existing catalogs.

(c) Software Product Deletions - Any product deletions shall not apply to orders issued prior to the effective date, unless the inability to deliver results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(d) Catalog Refresh Submissions – Contractors must refresh their catalogs a minimum of once annually. Contactors should allow 15 days for Technical review after refreshes are submitted.

Catalog Refresh Submissions shall contain the following:

(1) A catalog with only the proposed additions and/or deletions identified;

(2) A consolidated copy of the Contractor’s current catalog with the proposed additions incorporated;

(3) A signed copy of the Contractor Self-Certification: Consolidated Catalog

Submissions.

(4) Contractors must provide verification from the original equipment manufacturer (OEM)/publisher/distributor of each proposed software product to demonstrate that the Contractor is an authorized reseller of the proposed software product (i.e., letter of supply, letter of authorization, or the like). The verification shall be product specific and include effective dates.

Failure to provide the above documents will result in a rejection of the catalog refresh submission. Should revisions be required after a technical review of the proposed submission is completed, each of the above documents must also be updated accordingly and accompany the Contractor’s re-submission.

4. Within Scope Non-Catalog Items

4.1 ITES-SW 2– Related Incidental Hardware

Related incidental hardware will be hardware needed in direct support of the ITES- SW 2 software requirement. Related incidental hardware may include but is not limited to: servers, desktops and laptops. Related incidental hardware was not evaluated and is not listed on Contractor catalogs under ITES-SW 2 but rather in scope to allow customers to fulfill total solution requirements. There is no cap on the amount of hardware that may be purchased at the delivery order level, however, the software requirement must be the primary requirement.

For Army Requirements: If hardware is required to fulfill a customer’s requirement, the CHESS hardware contracts will be the mandatory source for hardware IAW Army Federal Acquisition Regulation Supplement (AFARS) 5139.101. If the hardware is not available from a CHESS contract, the Contractor can obtain the hardware through an alternate source. An Information Technology Approval System (ITAS) waiver is required for purchase of hardware products from another source, regardless of dollar value. The first step to obtaining an ITAS waiver is the CHESS Statement of Non-Availability (SoNA) process. The customer can access the SoNA process located on the IT e-mart at https://chess.army.mil/Content/Page/SONA. The ITAS waiver should be included in the DO upon award.

For Non-Army Requirements:

If hardware is required to fulfill a customer’s requirement, the CHESS hardware contracts will be the preferred source of supply.

4.2 ITES-SW 2– Related Incidental Services

Related services will be services directly related to the ITES-SW 2 software requirement. All services shall be priced on a firm fixed price basis. All services will be performed as negotiated and agreed to at the delivery order level. The CHESS services contracts are the preferred source but are not mandatory.

Related incidental services were not evaluated and are not listed on Contractor catalogs under ITES-SW 2 but rather in scope to allow customers to fulfill total solution requirements. There is no cap on the amount of services that may be purchased at the delivery order level, however, the software requirement must be the primary requirement. Related services may include but are not limited to:

training/education, consulting, system configuration and integration, physical site analysis, installation and relocation, high availability configuration and legacy equipment warranty/maintenance.

5. General Contract Requirements

5.1. Contractor Qualification

Prime Contractors must have independent quality processes and/or certifications that demonstrate the Contractor is engaged in quality planning, quality assurance, quality control, and quality improvement (e.g., ISO 9001:2008, ISO 10018, ISO/IEC 20000-1:2011 Information Technology – Service Management, Capability Maturity Model Integration - Services (CMMI-SVC)).

5.1.1 Management

(a) Contractor Methodologies and Operations - Establish and maintain contract methodologies and operations that are flexible, facilitate change, and allow for continuity of user support over the life of the contract. Contractors must have a system to track license purchases and be able to provide documentation related to current and historic license transactions upon customer request and within a reasonable timeframe agreed to by the customer. The Government does not consider a manual process an effective system for tracking license purchases.

The Contractor will be required to maintain a presence on CHESS IT-emart; be able to access and respond to the RFQ process within time constraints; establish a partner-focused working relationship with CHESS; expand offerings as more new and emerging technologies develop; and provide an effective and efficient management information system that provides insightful, accurate and timely information and data on program status and performance reporting.

(b) Contractor’s Team – Provide a team that brings expert talent and ingenuity to the requirements under ITES-SW 2 while continuously seeking ways to increase customer satisfaction through delivery of quality IT software, warranty, maintenance and related incidental services and hardware. Techniques and tools for managing human resource levels, management of teaming partners, facilities, along with other logistical support (e.g., surge, quick deployment) and team dynamics to support the requirements of delivery orders must be established. The Government estimates 400 requests for quotes (RFQs) per month.

5.1.2 Technology

(a) Web-based Support/Data and Reporting Requirements – The Contractor is expected to support and partner with CHESS on the Army’s data and reporting requirements through electronic interface.

(b) Standardized Configurations – The Contractor is expected to readily provide up-to-date catalogs through electronic interface that promotes effective identification and procurement of software products.

5.2 Special Asset Tagging

Special asset tagging, in the context of this contract, is a way to make software discoverable. There are many aftermarket solutions that could be used to "tag" software. Contractors will not be required to add these solutions to software products at the base level contract; these requirements will be determined at the order level upon customer request. Contractors may charge special asset tagging as a related incidental service negotiated by the ordering Contracting Officer, as appropriate.

5.3. Delivery

The Contractor will deliver software products to the Ordering Activity either by electronic delivery or in tangible media. Delivery of products to the CONUS and OCONUS locations shall be IAW individual DOs. Maximum delivery time to the addresses specified in each DO shall be within 30 calendar days for CONUS addresses, and 35 calendar days for OCONUS from the date a valid order is received by the Contractor, or as otherwise agreed to by the parties. All Contractors shall offer the ability to expedite delivery, subject to negotiation or additional cost. Partial shipments and partial payments are authorized under the contracts. Shipping shall be Free On Board destination. Delivery prices for OCONUS shipments of incidental requirements shall be separately negotiated as a FFP CLIN under individual DOs. If an item cannot be delivered within the delivery time for that item, the Contractor shall notify the Ordering Contracting Officer (OCO) and Army CHESS within two business days of order receipt, of the expected delivery date for the ordered item(s). Upon notification, the Ordering Agency may choose to cancel the DO or request due consideration for the delay.

The following defines the locations for CONUS, Named OCONUS, and Remote

OCONUS:

• CONUS - The 48 contiguous states, Alaska, Hawaii, and the District of Columbia

• Named OCONUS - Germany, Turkey, Italy, Japan, Republic of Korea, Belgium, Puerto Rico, the Netherlands, and the United Kingdom.

• Remote OCONUS - OCONUS locations that are not listed under CONUS or Named OCONUS to include hostile areas.

5.4. Security (Applies to related ancillary services only)

(a) Although it is unknown exactly how many orders will be required to have security clearance requirements and the levels of security clearances, the Government may require security clearances from Secret to Top Secret sensitive compartmented information (SCI), for performance of any order under this contract.

The specific Contractor security clearance will be determined at the delivery order level. A DD Form 254 will be incorporated for individual orders, as required.

(b) The Contractor shall provide sufficient personnel with the required security clearances to perform the work as specified in individual orders. If satisfactory security arrangements cannot be made with the Contractor, the required services shall be obtained from other sources. The Contractor’s Facility Security Officer is responsible for submitting the required personnel security clearances IAW DoD 5220.22-M, National Industrial Security Program Operating Manual, February 28, 2006.

(c) The level of classified access required shall be indicated in the individual order.

Contractor personnel not requiring a personnel security clearance, but performing IT sensitive duties, are subject to investigative and assignment requirements IAW DoD 5200.2R, Personnel Security Program, January 1987, and Change 3, 23 Feb 1996, AR 25-2, Information Assurance, 24 Oct 2007, and affiliated regulations.

5.5. Warranty and Warranty Variations

CONUS and OCONUS Warranty Support: The Contractor shall provide commercial warranties for all software at both CONUS and OCONUS locations as defined in paragraph 5.3. The Contractor shall provide a 90 day guarantee that, at a minimum, the software is free of defects. The 90 days will begin on the date the customer accesses the software.

5.5.1 Warranty Variations

Additional warranty terms and provisions beyond the standard commercial warranty may be negotiated at the delivery order level. These may include, but not limited to, extended warranty, response time, and on-site support.

If a commercial software product has a warranty, maintenance, and/or Documentation available to other public or industry customers free of charge than these same rights should be available to the Government at no additional cost.

The Contractor must ensure that there are no existing warranties purchased to cover the customer requirement prior to the purchase of software warranty to eliminate double payments for the same products.

5.6. Minimum Guarantee Requirements

A guaranteed minimum delivery order of $2,500.00 will be placed with all awardees at the time the basic MAIDIQ is awarded for a report that describes and demonstrates in detail:

(a) the Contractor’s organization;

(b) the Contractor’s internal processes that directly impact the management of this contract;

(c) internal tools used by the Contractor that support RFQ management and order tracking;

(d) interfaces the Contractor will use to support this contract;

(e) and any other related information which directly support this contract.

5.7 Telephone Support

(a) Toll Free Number - Telephonic support via a toll free number shall be provided by the Contractor to the Government. The toll free number shall be provided with each order and shall be provided on the Contractor’s web site.

(b) Availability and Response Times - Telephonic support services shall be available during standard working hours and working days. Standard working hours are 0800-1800 EST, as applicable. Standard working days are Monday through Friday, excluding United States Federal Holidays.

When a Customer reports a problem, the Customer should reasonably classify the Severity Level of the problem. The Contractor may request that the Customer reclassify the level of severity if the Contractor reasonably believes the original classification is incorrect in accordance with the descriptions below.

Severity Level Descriptions

Severity Level Business Impact Description

1 Critical System Down/Service Unavailable condition severely impacting Production environment involving:

• Service outage or failure severely impacting Customer’s business operations.

• Widespread unavailability of business critical features/functions of the Service causing major disruption of the Customer’s ongoing business operations.

• There is serious performance degradation that significantly impacts a large group of Customer’s end users.

• Unscheduled Service downtime resulting from an emergency change request which needs to be applied to the system.

• An issue for which there is no immediate workaround available.

2 High A high impact business condition where:

• Service is available but its functionality is significantly restricted thereby causing disruption to Customer’s normal business operations.

• The Service’s Available Functionality is not working, thereby negatively impacting Customer’s business productivity.

• There is no workaround available for the issue.

3 Low/Minor Service is available and Available Functionality is generally usable, however Service has an issue causing minor operational challenge(s). Issues may be isolated to specific end-users and may have little impact on the availability/functionality of the Service.

4 Minimum/No A minor defect that has no impact on the Service, or a general enquiry on the functionality of the Service including how to/informational queries.

Based on the level of severity, the Contractor will respond IAW the below response timetable. The response will include an estimated completion date for resolution:

(c) Services - As a minimum, Telephonic Support Services shall consist of the following:

(1) Order processing and Order Tracking Information: When provided with a Government order number, the Contractor shall be required to provide the Government the date of receipt of the order and the order status.

(2) Customer Technical Assistance: The Contractor shall be prepared to receive product problem reports and assist the Customer towards timely resolution of the reported problem. This assistance may involve acting as a

Severity Level Response Time Update Frequency Resolution Time

Severity 1 100% ≤15 minutes Every 15 minutes 100% ≤ 1 hour

Severity 2 100% ≤30 minutes Every 30 minutes 100% ≤ 4 hours

Severity 3 100% ≤ 2 hours Every 4 hours 100% ≤ 5 days

Severity 4 100% ≤ 4 hours Every day 100% ≤ 10 days liaison between the Customer and the Publisher/OEM. Reports of problems may also come through postal mail, e-mail, internet, phone, or fax. The Contractor is responsible for calls for all products that are sold or supported under the contract. The Contractor shall maintain contact with the reporting Customer until final resolution. Interim resolution of a software problem is to include a work around solution until the problem is finally corrected in the next release or version of the product. Technical assistance may be provided by the Publisher/OEM to satisfy this requirement.

(d) Telephonic Support Personnel - Contractor personnel staffing the telephonic support service shall have sufficient expertise to recommend corrective actions for problems, and the personnel shall speak and understand English fluently.

(e) Order Processing and Order Tracking - The Contractor shall receive delivery orders and credit card orders. Orders will be received via CHESS’ IT e-mart. Upon request, the Contractor shall provide customers the status of the delivery order.

6. Contract Management

6.1 Contract Status Meetings

The Contractor shall participate in meetings with the Government to discuss contract status; this includes issues, concerns, improvements, new products, small business participation goals, etc. The CHESS Product Officer (PO) will provide the meeting agenda to the Contractor at least “10” business days prior to a status meeting. The meetings will be held approximately every six months or as needed.

Location of the meetings will vary and will be specified by the Government. Travel expenses are the responsibility of the Contractor.

6.2 Reports

The Contractor shall provide the following reports electronically to CHESS as detailed in Appendix B (Contract Management Deliverables (CMD)).

(a) Order Transaction (OT) Report: The Contractor shall provide monthly order transactions (delivery orders and credit card purchases) to the Government for inclusion in its Order Tracking Database and website. The report is due to CHESS by the 10th of each month. The report shall be sent to usarmy.belvoir.peo-eis.list.pdchess-vndrrpts@mail.mil. See Appendix B (CMD) for format and instructions.

(b) Large Businesses shall submit an Individual Subcontracting Report (ISR) and/or Summary Subcontract Report (SSR), in accordance with FAR 52.219-9(g) using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. Large businesses will also be monitored through eSRS. The Government will consider how the contractor is performing mailto:usarmy.belvoir.peo-eis.list.pdchess-vndrrpts@mail.mil against their small business participation goals when deciding to exercise an option.

6.3 Performance Evaluation Surveys

Evaluation of Contractor’s Delivery Performance of Related Incidental Services/Hardware.

• At Delivery completion of Delivery with Related Incidental Services/Hardware, the Contractor shall submit a request for a performance evaluation to the Ordering Contracting Officer (OCO), the Order Contracting Officer’s Representative (OCOR) or his/her designated representative; or to the end user or customer that has the best knowledge about the transaction. The performance evaluation surveys will be located on the CHESS website upon award of the contract. The Contractor will instruct the OCO, OCOR, or his/her designated representative; or the end user or customer that has the best knowledge about the transaction to go to the website to complete the survey for each delivery order or service, regardless of dollar value, within 30 days of completion of the delivery and/or service.

• Performance evaluations may also be done as otherwise considered necessary throughout the duration of the order (but generally no more than quarterly).

• The ITES-SW 2 Product Officer (PO) will provide the Contractor with a summary of all performance reviews for comment as part of the Contract Status meetings.

• An example of the performance evaluation surveys are provided at Appendix C (Evaluation of Contractor’s Delivery with Related Incidental Services/Hardware Performance).

6.4 Metrics (See Appendix E Performance Requirements Summary (PRS))

6.5 E-Commerce

6.5.1 Worldwide Web The Contractor shall have an internet-based home page containing general contract information, ordering guidelines and products offered on the contract. The Contractor shall also provide online program support information to include as a minimum:

(a) How to obtain a quote, including names, telephone numbers and email addresses of appropriate sales representatives.

(b) Policy and procedural information regarding installation, warranty, warranty variations, technical support, software support, and other post-delivery issues. This will include the names, telephone numbers and email addresses of appropriate support staff.

(c) How to troubleshoot a problematic order including names, telephone numbers and email addresses of appropriate support staff.

6.5.2 IT e-mart

It will be mandatory for all customers to submit Request for Quotes (RFQ’s), hereafter referred to as RFQ’s, using the CHESS IT e-mart tools for software which are the RFQ Tool and the Reverse Auction (RA) Tool. It is also mandatory that the Contractor use the IT e-mart RFQ/RA Tool to acknowledge and respond to customer RFQ’s either by indicating that a quote will be provided or by responding with a no-bid. All quotes must be submitted using the IT e-mart; they shall not be submitted via email. If the Contractor provides a no-bid response, the no-bid response and the rationale for not bidding shall be submitted for each RFQ to the IT e-mart in the location provided for the no-bid responses no later than the RFQ due date. The time allotted for acknowledging customer RFQ’s is two Government working days. The Contractor shall send a formal response to the customer within five Government working days regarding its intent to propose a solution unless the quote is due in a shorter timeframe; this is the default timeframe in the IT e-mart system. Note that customers have the ability to make the response time greater than five Government working days, if necessary. In the event the Contractor receives a request for quote from the customer via email, direct phone call, etc., the Contractor must direct the customer to place the RFQ using the tools available on the IT e-mart system. The PL CHESS Product Officer shall also be notified that the customer has been advised to place their request on IT e-mart.

6.6. Phase-in period

The contract phase-in period is 60 calendar days commencing upon receipt of award. The Contractor, at the conclusion of the 60 calendar day period, shall accept orders. During that period the Contractor shall:

(1) Finalize their approved ITES-SW 2 catalogs and provide via the CHESS automated process within 30 days of contract award for review and approval;

(2) Assist the Government in developing an ordering guide;

(3) Develop a website (or page(s) on the Contractor’s website) to include a link to the CHESS website and the CHESS ordering guide, contract catalog products, specific information pertaining to the contract, Contractor point of contact information, etc.;

(4) Finalize subcontracts/teaming arrangements;

(5) Secure appropriate personnel;

(6) Establish telephonic support; and

(7) Participate in Post-Award conference.

7. Standards and Policies The below terms and conditions have been established at the base level IDIQ.

The Master Software License Agreement (MSLA) is available for use as a supplement to the baseline terms and conditions when further negotiating software license terms and conditions at the ordering level; it is not part of this contract. See Appendix F (Master Software License Agreement (MSLA)).

7.1. License Transferability and/or Reassignment

The Contractor must have a process to transfer or reassign licenses. If the Government requests transfer or reassignment of software licenses or rights in the software to an authorized user, such transfer or reassignment shall not be unreasonably withheld by the Contractor. Commercial restrictions and fees by the OEM must be negotiated at the delivery order level.

7.2. Authorized Users

This contract will be open to all DoD Components and United States Federal Agencies, organizations where a Federal Agency is the designated executive agent and authorized contractors. For the purposes of this contract, DoD components are defined as follows: the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff, the Unified Combatant Commands, the Inspector General of the DoD, the Defense Agencies, the DoD Field Activities, the US Coast Guard when authorized, NATO, the Intelligence Community (IC) and Foreign Military Sales with a Letter of Authorization. Government contractors performing work for a DoD component (as defined above) or Federal Agency may place Delivery Orders under this contract on behalf of and for the benefit of the DoD Component of Federal Agency, if authorized by their cognizant Contracting Office IAW the requirements of FAR 51 and/or DFARS 251 as appropriate. All such Authorized Users will be subject to and bound by the terms and conditions of paragraph 7, Standards and Policies, and all additional terms negotiated at Delivery Order level, but no other contract, including a click through license presented by the Licensor.

7.3 Self-Audit

The Government Customer agrees it will perform an internal audit of Software quantities in use not more than once a year and will use its best efforts to keep full and accurate accounts that may be used to properly ascertain and verify numbers of licenses and authorized use. Upon the Contractor’s written request, the customer may provide audit reports to the Contractor from the customer’s internal audit records not more than once a year as the sole means of satisfying the Contractor’s requests for audit. If the customer becomes aware of any unauthorized use the software licenses, the customer will notify the Contractor.

The limit of the customer’s responsibility for any unauthorized use of products by any individuals employed by or performing services for the customer is the requirement that the customer purchase additional licenses for the products through the Contractor at fair market value, to the extent permitted by 31 U.S.C.

1341 (Anti-Deficiency Act) and other applicable Federal law. Upon mutual agreement of the parties, if the Contractor requests the audit, the customer may determine if a self-audit or another audit arrangement is appropriate.

7.4. Temporary Use of Software During Times of Conflict

As part of Temporary Expeditionary Deployments (TEDs), during the term of each resultant Delivery Order, the customer may temporarily deploy and install or use Software on, or access from qualified desktops, laptops, mobile devices or servers, a reasonable number of the Contractor’s Software products in addition to those previously licensed under a resultant delivery order at no additional cost (“TED Licenses”).

TEDs are limited to deployments away from in-garrison locations (any military post or government office where troops or civilian government personnel are at a permanent location), real world contingencies, and emergency situations such as hurricanes, floods, earthquakes, insurrections, terror attacks or other similar emergencies, where temporary duty stations are needed due to the destruction of Government offices or because it becomes the government’s mission to support efforts to mitigate or otherwise manage the emergency situation.

For licenses connected to a customer’s network server, the Contractor shall provide an additional temporary license pool equal to the quantity of network versions purchased, which may be accessed during a TED event. For example, if a customer owns 50 network licenses, the Contractor will provide a “pool” of the same number licenses to be used by the customer during a TED.

For computers not connected to a customer’s network server, the Contractor shall provide a pre-activated temporary (sixty) 60-day single seat network license which can be copied for use on any number of computers.

After the TED, or within six (6) calendar months of the start of any TED licenses, whichever is shorter (“Temporary Use Period”), unless a different time period is agreed to in writing by the Contractors, the customer must uninstall all TED licenses or make plans to pay for licenses that will remain in use. The customer will provide a written certification to the Contractor that the TED Licenses have either been removed from service, or payment has been made or is planned under the applicable resultant delivery order to purchase additional licenses equal to the number of TED Licenses not removed from service. The customer agrees to use the TED Licenses in accordance with the terms contained in this paragraph, Temporary Use of Software During Times of Conflict.

7.5. Order of Precedence/Finality of Terms

The Contractor and customers of this contract agree that the terms of the Delivery Order Contract and the ITES-SW 2 base terms and conditions supersede and take precedence over any other written or verbal agreements, to include, but not limited to, a shrink-wrap agreement included with the Software (whether presented in writing or electronically), a click through agreement included with the Software, or any other terms purported to apply to the

Software including Contractor’s commercial or Government software license agreement of any name or title. There shall be no changes to this Contract unless agreed to by both parties in writing. The provision of FAR 52.212-4 specified in FAR 12.302, as required by Federal law, shall prevail over any terms of the commercial license or any additional terms at the order level.

7.6 End User License Agreements (EULAs)

The Contractor shall also provide the software EULA for any of the software being proposed to the customer. The Government reserves the right to review this agreement before purchasing the software. At a minimum the EULA should adhere to the following:

(a) If available, a Government EULA, which is a EULA that has been previously modified for a Government customer, shall be used.

(b) Specify that the Government contract and delivery order terms and conditions will take precedence over the EULA. Termination clauses should not violate FAR clause 52.212-4.

(c) Controlling law and jurisdiction shall reflect that federal law will apply to the Government contract and therefore federal courts will have jurisdiction on disputes.

(d) Severability clauses must not violate FAR 52.212-4(1)

(e) References to taxes should be removed as this would not apply to the

Federal Government.

(f) Statements pertaining to automatic yearly renewals should not be included.

(g) Statements pertaining to advance payment for services should not be included.

(h) Statements pertaining to fees owed to the Contractor should be removed as this would create a potential violation to the Anti-Deficiency Act.

(i) Audit clauses will not contain language that states the government will pay for the audit (See also paragraph 6.3 of the SOW).

(j) Indemnification clauses shall be IAW FAR 52.212-4(u)

(k) Warranty. FAR 52.212-4(o). The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(l) Third Party Software. The Government does not agree to any terms and conditions that violate federal law or regulations including any terms and conditions contained in any third party software license agreement.

(m) EULA requirements apply regardless of whether or not open source code is included with a particular software package. The Government cannot agree to any terms and conditions which are inconsistent with federal laws or regulations.

(n) Any specific clauses restricting the software license to only be used on specific name brand hardware make/model needs to be identified to the customer. Any vague terms such as “internal use” need to be defined.

7.7 Reasonable Consideration toward Perpetual License Credit

Licensor agrees to give reasonable consideration toward customers who have made investments in perpetual licenses when that customer is transitioning to new license models such as subscription and/or software-as-a-service.

7.8 Data Ownership Rights

Government Data and Government-related Data belongs exclusively to the Government, regardless of where the Data may reside at any moment in time, including but not limited to Contractor hardware, networks or other infrastructure and facilities where Data may reside, transit through or be stored from time to time. The Contractor makes no claim to any right of ownership in Government Data/Government-related Data. If the Contractor is granted access to the Government’s Data/Government’s-related Data, the Contractor agrees to keep the Government’s Data/Government’s-related Data Confidential as that term is defined in the Glossary (Appendix G) and the relevant FAR and DFARS provisions pertaining to Confidential Information and Confidentiality. The Contractor is not permitted to use the Government’s Data/Government’s related Data for any purpose that is not explicitly grated in writing by the Government.

Upon the Government’s request, for any reason whatsoever, the Contractor must promptly return all Government Data/Government-related Data in the Contractor’s possession in comma separated value (CSV) format or other format as may be designated at the time of the request by the customer. The Government shall not be charged to view, access, or receive any of its Data or related Data. All Government Data and Government-related Data will be returned to the Government Customer at the end of the delivery order period of performance or otherwise negotiated by the Ordering Contracting Officer.

APPENDIX A

Product Catalogs 1 - 14 Catalogs indicated by asterisks (*) are a core catalog.

Contractors shall provide unique products to meet the depth requirements. Unique does not mean the Contractors offering the same product, multiple ways.

Contractors shall not propose the same unique product under multiple catalogs;

the Contractor shall select the most appropriate catalog if the product could fit in multiple catalogs. For additional clarification, any product "suite" will be considered a unique product. Applications that make up a product "suite" will be considered unique products. Depth must be maintained in the Core Catalogs as well as a minimum of four additional catalogs of the Contractor’s choosing for the life of the contract.

Catalog 1 – AUDIO & VISUAL Depth = 25 unique products.

Sub Catalogs Salient Characteristics

CD & DVD tools Tools used to read and copy data Converters Converts audio, video, and image file formats Encoders Converts code from one format to another Music Creation Create musical composition and digital recording Music Management Organizes music files Players Plays audio and video files Rippers Extracts and copies audio and video files Audio Utilities Records, edits, and adds effects to audio Plug-ins Adds a feature to an existing software program Burning Software Writes data to a recordable disc Video Editing Edits video footage Video Codecs Compresses and decompresses digital video

Catalog 2 – BUSINESS & FINANCE

Project Management Provides planning, scheduling, resource allocation, and other management tools

Financial Tracking Tools Manages financial and accounting needs

Taxes Prepares and files tax returns Regulatory Compliance Tracks and analyzes regulatory requirements

Accounting Records and processes accounting transactions

Logistics Plans, implements, and controls procedures for effective transportation and storage of goods, services, and people

Supply Chain Management Manages and executes supply chain transactions

Traffic Control (air, land, sea) Designs, changes, and controls traffic plans

Architecture Creates architectural designs and plans Business Planning and Continuity

Creates, improves, or updates systems of prevention and recovery

Construction and Contractor Management

Manages construction and Contractor projects

Facility Management Plans, records, and executes facility processes Human Resources Manages payroll, employee information, and organizational data Personnel Gathers, organizes, and manages personnel information Legal Manages case and client records, schedules, and billing Purchasing Manages procurement processes Marketing Manages customer segmentation, customer data integration, and other marketing management tasks Transportation Optimizes and manages transportation operations

Executive support Enhances decision making for executives via data collection, analysis, and reporting

Analytics Discovery, interpretation, and communication of meaningful patterns of data

Customer-relationship management

Manage interaction with current and…