Incident management system - mass notification services

I.  SCOPE

            The Government has a requirement to establish a contract with the Vendor Providing mass notification services to the Marion VA Health Care System (VAHCS), Marion, IL. This new software program will greatly expand our presently limited alert and notification capability.  This facility must have the capability to alert all staff in the event of a man-made or natural disaster to include an Active threat situation throughout our operating area to include all home care staff.  Contractor must verify that the software system is fully compatible with all government forms of communication to include but not limited to VA issued desktop computers, pagers, cell phones, and laptop computers. Must interact with Marion VAHCS Human Resources database used to account for staff members as they enter or leave the facility as an employee.

The following requirements will need to be met:

1. Alert and Notification system must only be delivered as a complete software platform that is licensed on a subscription basis and is centrally hosted.  This “On-demand software” should include all maintenance and upgrades being provided by the vendor during the term of the subscription listed in the contract.
2. Alert and Notification system must be VA compliant regarding all aspects of Information Security.
3. System must have redundancies with no single point of failures.
4. Alert and Notification system must not require any hardware or software special permissions to be installed or managed. No add-ons should be required to operate the system.
5. Alert and Notification system must be available at all times to be an effective tool in an emergency.  Downtime should be minimal and should have a proven record of being available for use at a moment’s notice at least 90% of the time.
6. Vendor must provide an agreement that states the minimum number of notifications per hour for voice-based and text-based messages. Contractor must ensure this system can support at a minimum 250,000 voice-based and 500,000 text-based notifications an hour.  This will be able to be limited by local VA administrators.
7. The proposed Alert and Notification system must be granted access to the Telecommunications Service Priority (TSP) (TSP - http://www.dhs.gov/telecommunications-service-priority-tsp) which will allow the Marion VAHCS to receive priority treatment for voice, data, and other telecommunications services in the event of an emergency. Bidders will need to provide their current TSP Level/Category and proof of certification.
8. Alert and Notification system must support the ability for locally assigned VA Employees to act as system administrators and have the ability to add, edit, and delete recipients from the system. This system must be able to automatically add and remove entities from groups as assigned by local administrators.
9. System must be able to provide an access point or portal that will allow administrators to invite assigned VA Staff and giving recipients that ability to accept/deny to receive notifications and to manage their personal contact information.  This access point or portal will be accessible to all assigned VA Staff utilizing their VA computer equipment and the access point/portal will be able to be customized by the local VA administrators.  This customization will include the ability to filter the information that is presented to assigned VA Employees to include contact information, notification preferences, and have custom fields to meet changing needs.
10. System will have the ability to allow local VA system administrators to access this system and complete scheduled tests.  These tests will include all selectable delivery notifications and the system will be able to produce a report that allows administrators to verify who was sent the notification and whether it was received.  This system must have the ability to track all sent messages, test or live, across all delivery methods that will provide the status of receipt.  Messages that cannot immediately reach the intended recipient will keep being delivered until the recipient’s device confirms receipt.  The system must then be able to deliver a message that follow ups on what recipients confirmed or did not confirm receipt.  All the message statuses will be delivered in real-time with little to no delay.  Users will be able to preview all message prior to being sent if they so choose.
11. This system will contain a single database that will allow the establishment of an unlimited amount of notification groups as defined locally.  Upon initial setup, Contractor will assist local VA administrators in the forming and creating groups.  VA Administrators will have the ability to add, edit, or remove groups at any time thereafter.  System must be continuously backed up with the ability to recover deleted contacts or groups.
12.  Alert and Notification system must utilize a dashboard that is configurable by the administrators/users that provide a quick overview of all pertinent and controllable information.  An alert notification message must be able to be quickly sent with minimal effort on the part of the assigned user.  The System must be able to be customized to send pre-determined messages from a template and messages that are completely editable.  This should all be able to be completed on a single web page to increase response times.
13. This system will have the ability to leave messages in a voice format should recipients not immediately answer the notification.  A specialized code will be required prior to that message being delivered to ensure operational security.  Voice recordings and text to speech must also be supported.
14. This Alert and Notification system will be required to have the ability to reach intended recipients based on their geographically location.  When a geographically location has been identified during this alert, recipients who enter the alert area will receive a pre-determined alert notification.
15. This purchase will include the installation of an application on VA cellular devices that will allow them to receive notifications and send emergency notifications, such as a panic alarm or similar, back to VA system administrators.  The application must have the ability for the VA system administrators to track the location of individual devices in an emergency, and have the ability to require that installed devices check in at predetermined times.  This contract should include subscriptions for at least 150 VA devices 
16. Prospective vendors must be able to fully implement the proposed Alert and Notification system within 90 days of contract being awarded.  Contractor will provide details of the major milestones, durations between them, and points of escalation during implementation, provide a dedicated implementation contact person and account manager. This system must come with 24/7 customer support, 365 days a year to be utilized whenever needed.  There will be no limit to the amount of calls for support as needed.  This support must come from the Vendor as the VA will not share information with 3rd parties.
17. Vendor must provide training that will include online training available at any time at no cost for the duration of this contract.  This training must be available 24/7 and not be in the format of scheduled webinars.  Upon initial implementation, Vendor will provide a minimum of 8 hours on-site training at the Marion VAHCS and all reference materials.

 II.  TERMS AND CONDITIONS

This project is a total Alert and Notification system bid and no partial bids will be accepted.  To ensure that the scope of this project is fully understood, that all potential bidders have the same information, and to schedule an onsite tour/inspection, the point of contact is listed below:

B.3  PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER

DESCRIPTION OF SUPPLIES/SERVICES

QTY

UNIT

UNIT PRICE

AMOUNT

 

0001

 

Complete Incident Management System

Safety Connection Mobile - 7

1700

EA

$ _______

$________

 

0002

 

Incident Management – Incident Communications – Tier 1
 

1700

EA

$ _______

$________

 

 

                                              GRAND TOTAL $______________________

 

 

 

$________

B.4  DELIVERY SCHEDULE

 

SHIP TO

QUANTITY

DELIVERY DATE

 

Department of Veterans Affairs

 

Marion VA Medical Center

2401 West Main St.

Marion, IL. 62959-1188

 

 

Facility POC will be identified

ALL

30 DAYS ARO

 (After Receipt of Order)

              OR

Provide your ______ Days ARO

 

SECTION C - CONTRACT CLAUSES

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

  This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

  http://www.acquisition.gov/far/index.html

  http:/ww.va.gov/oal/library/vaar/

 

(End of Clause)

FAR Number

Title

Date

52.204-13

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

OCT 2018

52.227-14

RIGHTS IN DATA—GENERAL

MAY 2014

52.227-18

RIGHTS IN DATA—EXISTING WORKS

DEC 2007

52.211-6

BRAND NAME OR EQUAL

AUG 1999

C.2  52.212-4  CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

  (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services.  The Government must exercise its post-acceptance rights—

    (1) Within a reasonable time after the defect was discovered or should have been discovered; and

    (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

  (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

  (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

  (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

  (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

  (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

  (g) Invoice.

    (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

      (i) Name and address of the Contractor;

      (ii) Invoice date and number;

      (iii) Contract number, line item number and, if applicable, the order number;

      (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

      (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

      (vi) Terms of any discount for prompt payment offered;

      (vii) Name and address of official to whom payment is to be sent;

      (viii) Name, title, and phone number of person to notify in event of defective invoice; and

      (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

      (x) Electronic funds transfer (EFT) banking information.

        (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

        (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

        (C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

    (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

  (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

  (i) Payment.—

    (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

    (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

    (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

    (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

    (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

      (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

        (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

        (B) Affected contract number and delivery order number, if applicable;

        (C) Affected line item or subline item, if applicable; and

        (D) Contractor point of contact.

      (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

    (6) Interest.

      (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

      (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

      (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

        (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

        (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

        (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

      (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

      (v) Amounts shall be due at the earliest of the following dates:

        (A) The date fixed under this contract.

        (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

      (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

        (A) The date on which the designated office receives payment from the Contractor;

        (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

        (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

      (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

  (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

    (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

    (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

  (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

  (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

  (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

  (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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

  (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

  (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

  (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

  (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

    (1) The schedule of supplies/services.

    (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

    (3) The clause at 52.212-5.

    (4) Addenda to this solicitation or contract, including any license agreements for computer software.

    (5) Solicitation provisions if this is a solicitation.

    (6) Other paragraphs of this clause.

    (7) The Standard Form 1449.

    (8) Other documents, exhibits, and attachments

    (9) The specification.

  (t) [Reserved]

  (u) Unauthorized Obligations.

    (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

      (i) Any such clause is unenforceable against the Government.

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

      (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

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

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

C.3  VAAR 852.212-70  PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

  (a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

  [X] 852.203–70, Commercial Advertising.

  [] 852.209–70, Organizational Conflicts of Interest.

  [X] 852.211–70, Equipment Operation and Maintenance Manuals.

  [] 852.214–71, Restrictions on Alternate Item(s).

  [] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

  [] 852.214–73, Alternate Packaging and Packing.

  [] 852.214–74, Marking of Bid Samples.

  [] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

  [] 852.215–71, Evaluation Factor Commitments.

  [] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

  [] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

  [] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

  [] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

  [] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

  [] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

  [X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

  [] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

  [] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

  [] 852.228–70, Bond Premium Adjustment.

  [] 852.228–71, Indemnification and Insurance.

  [] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

  [X] 852.232–72, Electronic Submission of Payment Requests.

  [] 852.233–70, Protest Content/Alternative Dispute Resolution.

  [] 852.233–71, Alternate Protest Procedure.

  [] 852.237–70, Indemnification and Medical Liability Insurance.

  [X] 852.246–71, Rejected Goods.

  [] 852.246–72, Frozen Processed Foods.

  [X] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

  [] 852.270–1, Representatives of Contracting Officers.

  [] 852.271–72, Time Spent by Counselee in Counseling Process.

  [] 852.271–73, Use and Publication of Counseling Results.

  [] 852.271–74, Inspection.

  [] 852.271–75, Extension of Contract Period.

  [] 852.273–70, Late Offers.

  [] 852.273–71, Alternative Negotiation Techniques.

  [] 852.273–72, Alternative Evaluation.

  [] 852.273–73, Evaluation—Health-Care Resources.

  [] 852.273–74, Award without Exchanges.

  (b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

  [] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4  VAAR 852.247-71  DELIVERY LOCATION (OCT 2018)

  Shipment of deliverable items, other than reports, shall be to:

    Department of Veterans Affairs

    Marion VA Medical Center

   

    2401 West Main Street

    Marion  IL  62959

(End of Clause)

C.5  VAAR 852.247-73  PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

  Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

C.6  VAAR 852.247-75  BILLS OF LADING (OCT 2018)

  The purpose of this clause is to define when a commercial bill of lading or a Government bill of lading is to be used when shipments of deliverable items under this contract are f.o.b. origin.

  (a) Commercial bills of lading. All domestic shipments shall be made via commercial bills of lading (CBLs). The Contractor shall prepay domestic transportation charges. The Government shall reimburse the Contractor for these charges if they are added to the invoice as a separate line item supported by the paid freight receipts. If paid receipts in support of the invoice are not obtainable, a statement as described below must be completed, signed by an authorized company representative, and attached to the invoice.

    ‘‘I certify that the shipments identified below have been made, transportation charges have been paid by [company name], and paid freight or comparable receipts are not obtainable.

      Contract or Order Number: __________________

      Destination: _________________.”

  (b) Government bills of lading.

    (1) International (export) and domestic overseas shipments of items deliverable under this contract shall be made by Government bills of lading (GBLs). As used in this clause, ‘‘domestic overseas’’ means non-continental United States, i.e., Hawaii, Commonwealth of Puerto Rico, and possessions of the United States.

    (2) At least 15 days before shipment, the Contractor shall request in writing GBLs from:

     

     

     

     

     

  If time is limited, requests may be by telephone:

  Requests for GBLs shall include the following information.

    (i) Item identification/description.

    (ii) Origin and destination.

    (iii) Individual and total weights.

    (iv) Dimensional weight.

    (v) Dimensions and total cubic footage.

    (vi) Total number of pieces.

    (vii) Total dollar value.

    (viii) Other pertinent data.

(End of Clause)

C.7  VAAR 852.219-74  LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

  (a) This solicitation includes .

  (b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable.  The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement. 

  (c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 

  (d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

                           THIS PAGE LEFT INTENTIONALLY BLANK.

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items.

  (a) Definitions. As used in this provision—

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

  (b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

    (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

    (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

  (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

  (d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

  (e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services, the Offeror shall provide the following information as part of the offer—

    (1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

    (2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

    (3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

    (4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of Provision)

E.2  52.212-2  EVALUATION—COMMERCIAL ITEMS (OCT 2014)

  (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

  

1. Technical Requirements;

• See Section B., Statement of Requirement

1. Past Performance,
2. Delivery
3. Price

   Item 1-3 when combined will be considered significantly more than price alone.

  (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

  (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)