Loren Data's SAM Daily™

FBO DAILY ISSUE OF SEPTEMBER 14, 2012 FBO #3947
DOCUMENT

D -- Customer Engagement Platform - Attachment

Notice Date

9/12/2012
 

Notice Type

Attachment
 

NAICS

541512 — Computer Systems Design Services
 

Contracting Office

Department of Veterans Affairs;Office of Acquisition Operations;Technology Acquisition Center - Austin;1701 Directors Blvd, Suite 600;Austin TX 78744
 

ZIP Code

78744
 

Solicitation Number

VA118A12R0232
 

Response Due

9/17/2012
 

Archive Date

10/17/2012
 

Point of Contact

Mark Shumake
 

E-Mail Address

1-4425<br
 

Small Business Set-Aside

N/A
 

Description

Customer Engagement Platform Services SYNOPSIS/SOLICITATION: DESCRIPTION: (1)This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (2)The solicitation number is VA118A-12-R-0232 and is being issued as a request for proposal (RFP). (3)This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 05-60 dated August 27, 2012. (4)This solicitation is set-aside for small businesses. The applicable North American Industry Classification System (NAICS) code is 541512, Computer Systems Design Services, size standard $25.5 million annually. (5)The Schedule of Supplies/Services follows: (the list of contract line items) ITEMDESCRIPTIONQTY/ UNITUNIT PRICETOTAL PRICE 0001Task 5.1 - Project Management (FFP) including Tasks 5.1.1 and 5.1.2. Period of performance is September 30, 2012 through September 29, 2013. Includes deliverables 5.1.1.A and 5.1.2.A. See the PWS for delivery requirements. 1 LOT$____________$____________ 0002Task 5.2 - CEP-IPA Prototype Configuration, Engineering, and Hosting (FFP) including Tasks 5.2.1 and 5.2.2. Period of performance is September 30, 2012 through September 29, 2013. See the PWS for delivery requirements. 1 LOT$____________$____________ 0003Task 5.3 - CEP-IPA Prototype Design and Plan Testing Deliverables (FFP) including Tasks 5.3.1, 5.3.2, 5.3.3, and 5.3.4. Period of performance is September 30, 2012 through September 29, 2013. Includes deliverables 5.3.1.A, 5.3.2.A, 5.3.3.A, and 5.3.4.A. See the PWS for delivery requirements. 1 LOT$____________$____________ 0004Task 5.4 - Design Deliverables Corresponding to CEP-IPA Prototype (FFP) including Tasks 5.4.1, 5.4.2, 5.4.3, 5.4.4, 5.4.5, 5.4.6, 5.4.7, 5.4.8, 5.4.9, 5.4.10, 5.4.11, 5.4.12, 5.4.13 and 5.4.14. Period of performance is September 30, 2012 through September 29, 2013. Includes deliverables 5.4.1.A, 5.4.2.A, 5.4.3.A, 5.4.4.A, 5.4.5.A, 5.4.6.A, 5.4.7.A, 5.4.8.A, 5.4.9.A, 5.4.10.A, 5.4.11.A, 5.4.12.A, 5.4.13.A, and 5.4.14.A. See the PWS for delivery requirements. 1 LOT$____________$____________ 0005Task 5.5 - CEP-IPA Prototype Launch Tasks Deliverables (FFP) including Tasks 5.5.1, 5.5.2, 5.5.3, and 5.5.4. Period of performance is September 30, 2012 through September 29, 2013. Includes deliverables 5.5.1.A, 5.5.2.A, 5.5.3.A, and 5.5.4.A. See the PWS for delivery requirements. 1 LOT$____________$____________ Total All Tasks$____________ (6)The description of requirements for the items to be acquired is contained in the attached Performance Work Statement (PWS). (7)The period of performance is September 30, 2012 through September 29, 2013. See PWS for delivery requirements. (8)Solicitation provision FAR 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. Addenda to this provision follows: a.52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm (End of Provision) 52.211-6BRAND NAME OR EQUALAUG 1999 52.225-25PROHIBITION ON CONTRACTING WITHNOV 2011 ENTITIES ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN-- REPRESENTATION AND CERTIFICATION b.52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) 1. Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (i) The total value of all current, active contracts and grants, including all priced options; and (ii) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). 2. The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. 3. If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (i) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (a) In a criminal proceeding, a conviction. (b) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (c) In an administrative proceeding, a finding of fault and liability that results in- (i) The payment of a monetary fine or penalty of $5,000 or more; or (ii) The payment of a reimbursement, restitution, or damages in excess of $100,000. (d) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (ii) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. 4. The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7). (End of provision) c.52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation. (End of Provision) d.52.227-15 Representation of Limited Rights Data and Restricted Computer Software (Dec 2007) 1. This solicitation sets forth the Government's known delivery requirements for data (as defined in the clause at 52.227-14, Rights in Data-General). Any resulting contract may also provide the Government the option to order additional data under the Additional Data Requirements clause at 52.227-16, if included in the contract. Any data delivered under the resulting contract will be subject to the Rights in Data-General clause at 52.227-14 included in this contract. Under the latter clause, a Contractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data instead. The latter clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this latter clause provides the Government the right to inspect such data at the Contractor's facility. 2. By completing the remainder of this paragraph, the offeror represents that it has reviewed the requirements for the delivery of technical data or computer software and states [offeror check appropriate block]- [ ] (1) None of the data proposed for fulfilling the data delivery requirements qualifies as limited rights data or restricted computer software; or [ ] (2) Data proposed for fulfilling the data delivery requirements qualify as limited rights data or restricted computer software and are identified as follows: ________________________________________________________________________________________________________________________________________________ (c) Any identification of limited rights data or restricted computer software in the offeror's response is not determinative of the status of the data should a contract be awarded to the offeror. (End of provision) e.52.233-2 SERVICE OF PROTEST (SEP 2006) 1. Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Hand-Carried Address: Department of Veterans Affairs Technology Acquisition Center-Austin 1701 Directors Blvd Suite 600 Austin TX 78744 Mailing Address: Department of Veterans Affairs Technology Acquisition Center-Austin 1701 Directors Blvd Suite 600 Austin TX 78744 2. The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) f.VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) 1. Any protest filed by an interested party shall: (i) Include the name, address, fax number, and telephone number of the protester; (ii) Identify the solicitation and/or contract number; (iii) Include an original signed by the protester or the protester's representative and at least one copy; (iv) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (v) Specifically request a ruling of the individual upon whom the protest is served; (vi) State the form of relief requested; and (vii) Provide all information establishing the timeliness of the protest. 2. Failure to comply with the above may result in dismissal of the protest without further consideration. 3. Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation. (End of Provision) g. VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer. (End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows: Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs 810 Vermont Avenue, N.W. Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management: Director, Office of Construction and Facilities Management 811 Vermont Avenue, N.W. Washington, DC 20420 h.VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor. (End of Provision) (End of Addendum to 52.212-1) (9)The evaluation procedures to be used are as follows: A. BASIS FOR AWARD Any award will be made based on the best overall (i.e., best value) proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the four following evaluation Factors: Technical, Past Performance, Price, and Veteran's Involvement. The Technical Factor is significantly more important than the Past Performance Factor, which is significantly more important than the Price Factor, which is more important than Veteran's Involvement. To receive consideration for award, a rating of no less than "Acceptable" must be achieved for the Technical Factor. The non-Price Factors combined are significantly more important than the Price Factor. Offerors are cautioned that the award may not necessarily be made to the lowest Price/Cost offered. B. FACTORS TO BE EVALUATED 1. TECHNICAL 2. PAST PERFORMANCE 3. PRICE 4. VETERANS INVOLVEMENT C. EVALUATION APPROACH All proposals shall be subject to evaluation by a team of Government personnel. The Government reserves the right to award without discussions based upon the initial evaluation of proposals. The proposal will be evaluated strictly in accordance with its written content. Proposals which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, are not sufficient. Offerors who fail to meet the minimum requirements of the solicitation will be rated Unacceptable and thus, ineligible for award. 1. TECHNICAL EVALUATION APPROACH. The evaluation process will consider the following: a.Understanding of the Problem - The proposal will be evaluated to determine the extent to which it demonstrates a clear understanding of all features involved in solving the problems and meeting and/or exceeding the requirements presented in the solicitation and the extent to which uncertainties are identified and resolutions proposed. b.Feasibility of Approach - The proposal will be evaluated to determine the extent to which the proposed approach is workable and the end results achievable. The proposal will be evaluated to determine the level of confidence provided the Government with respect to the Offeror's methods and approach in successfully meeting and/or exceeding the requirements in a timely manner. c.Completeness - The proposal will be evaluated to determine whether the Offeror's methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the solicitation. The proposal will be evaluated to determine the extent to which each requirement has been addressed (i.e., met and/or exceeded) in accordance with the proposal submission instructions of the solicitation. 2. PAST PERFORMANCE EVALUATION APPROACH. The Past Performance evaluation will assess the relative risks associated with an Offeror's likelihood of success in fulfilling the solicitation's requirements as indicated by that Offeror's record of past performance. In this context, "Offeror" refers to the proposed prime contractor and all proposed major subcontractor(s). A major subcontractor is defined as one who will be providing specific deliverables required by the project. The prime contractor and proposed major subcontractor(s) will be assessed individually and the results will then be assessed in their totality to derive the Offeror's Past Performance rating. The Government will conduct a performance risk assessment based on the quality, relevancy, and recency of the Offeror's past performance, as well as that of its major subcontractors, as it relates to the probability of successful accomplishment of the required effort. Offerors are cautioned that the Government will review available past performance data available in the Past Performance Information Retrieval System (PPIRS). The Government reserves the right to obtain past performance information from any available source and may contact customers other than those identified by the Offeror when evaluating past performance. Since the Government may not necessarily interview all of the sources provided by the Offerors, it is incumbent upon the Offerors to explain the relevance of the data provided. Offerors are reminded that the burden of proving low performance risk rests with the Offerors. The Government will review aspects of cost, schedule, and performance. Areas to be evaluated may include but are not limited to quality of product or service, timeliness of performance or adherence to delivery schedules, controlling project cost, and/or effectiveness in program management (to include use and control of subcontractors). In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance. 3. PRICE EVALUATION APPROACH. Fixed Price: The Government will evaluate offers by adding the total of all line item prices, including all options. The Total Evaluated Price will be that sum. 4. VETERANS INVOLVEMENT EVALUATION APPROACH. In accordance with VAAR 852.215-70, Service-Disabled Veteran Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) Evaluation Factors, the Government will assign full credit for an Offeror (prime contractor) which is a SDVOSB and assign partial credit for a VOSB. Non-SDVOSB/VOSB Offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation Factor. In accordance with VAAR 852.219-72, Evaluation Factor for Participation in the VA Mentor-Protégé Program, the Government will assign credit to non-SDVOSB/VOSBs with approved Mentor-Protégé Agreements. D. PROPOSAL SUBMISSION 1. INTRODUCTION: The Offeror's proposal shall be submitted electronically by the date and time indicated in the solicitation via email to the Contract Specialist, Brian Cox, brian.cox3@va.gov in the files set forth below. The Offeror's proposal shall consist of five (5) volumes. The Volumes are I -Technical, II - Past Performance, III - Price, IV - Veterans Involvement, and V - Solicitation, Offer & Award Documents, Certifications & Representations. The use of hyperlinks in proposals is prohibited. Emails should not exceed five (5) megabytes. Offerors should send multiple emails if necessary to ensure the 5 megabyte size limit is not exceeded. 2. PROPOSAL FILES. Offeror's responses shall be submitted in accordance with the following instructions: a.Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. Proposal page limitations are applicable to this procurement. The Table below indicates the maximum page count (when applicable) for each volume of the Offeror's proposal. All files will be submitted as either a Microsoft Excel (.XLS) file, an Acrobat (PDF) file or compatible as indicated in the table, or a Microsoft Word file. Page size shall be no greater than 8 1/2" x 11" with printing on one side, only. The top, bottom, left and right margins shall be a minimum of one inch (1") each. Font size shall be no smaller than 12-point. Arial or Times New Roman fonts are required. Characters shall be set at no less than normal spacing and 100% scale. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape. Line spacing shall be set at no less than single space. Each paragraph shall be separated by at least one blank line. Page numbers, company logos, and headers and footers may be within the page margins ONLY, and are not bound by the 12-point font requirement. Footnotes to text shall not be used. All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror's page limitations unless otherwise indicated in the specific Volume instructions below. Pages in violation of these instructions, either by exceeding the margin, font or spacing restrictions or by exceeding the total page limit for a particular volume, will not be evaluated. Pages not evaluated due to violation of the margin, font or spacing restrictions will not count against the page limitations. The page count will be determined by counting the pages in the order they come up in the print layout view. b.File Packaging. All of the proposal files may be compressed (zipped) into one file entitled "proposal.zip" using WinZip version 6.2 or later version or the proposal files may be submitted individually. c.Content Requirements. All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential matters, sufficient to define the proposal and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal. The titles and page limits requirements for each file are shown in the Table below: Volume NumberFactorFile NamePage Limitations* Volume ITechnicalTech.pdf20 pages Volume IIPast PerformancePast Perf.pdfNone Volume IIIPrice**Price.xlsNone Volume IVVeterans InvolvementVets.pdfNone Volume -VSolicitation, Offer & Award Documents, Certifications & RepresentationsOfrRep.pdfNone A Table of Contents and/or a glossary of abbreviations or acronyms will not be included in the page count of the technical Volume. However, be advised that any and all information contained within any Table of Contents and/or glossary of abbreviations or acronyms submitted with an Offeror's proposal will not be evaluated by the Government. See also FAR 52.212-1, Instructions to Offerors - Commercial Items. (i) VOLUME I - TECHNICAL FACTOR. Offerors shall propose a detailed approach that addresses the following: The core function of the prototype will be a Secure Persona Analytics and Advanced Media Content Delivery configured on the proposed platform brand software that can perform first-party analytics gathering, event-driven content delivery, accessibility validation, and personalization models; as a result, the vendor will be required to have had at least two implementations of a similar platform for Federal Government customers. The value of the Prototype is in its degree of fit within organizational architectures and their use of recursive analytics; as a result, the vendor is required to have experience integrating the Performance Architectural Science Systems (PASS) discipline into designs that adapt to changing organizational structure and operations. The Prototype requires multiple platform integrations with organization-specific controls; as a result, the vendor will be able to provide data collection and analyses that are solely controlled by the respective organizations, while enabling browser-based software support for minimal coordination complexity of multi-organization architectural operations. The advanced technology capabilities of the Government Performance and Results Act (GPRA) Modernization Act requires a complex experiential design and component configuration that meets the needs of multiple organizations. The compliance of the Prototype to the GPRA Modernization Act requires a high-quality design and testing that is available in Fiscal Year 2013; as a result, the vendor is required to maintain a staff of designers, engineers, or strategy officers that can be easily available for daily face-to-face engagements with Government and academic personnel, and are certified in the proposed platform brand software to complete a rapid foundational design and functional configuration, and can begin analytic performance testing within 12 weeks of award. To reduce risk of potential information loss or site corruption, the vendor is required to have a Security Certification and Integration Certification. To comply with Federal user security, the vendor is required to have demonstrated ability to provide Smart Card Integration with the software platform. The content of the Prototype will increasingly be consumed by users of mobile devices; as a result, the vendor will have past experience in mobile device implementations of the platform. (ii) VOLUME II - PAST PERFORMANCE FACTOR. Offerors shall submit a list of all Government contracts prime contracts, task/delivery orders, and/or major subcontracts in performance at any point during the three (3) years immediately prior to the proposal submission date, which are relevant to the efforts required by this solicitation. Data concerning the prime contractor shall be provided first, followed by each proposed major subcontractor, in alphabetical order. This volume shall be organized into the following sections: (1) Section 1 - Contract Descriptions. This section shall include the following information: (a) Contractor/Subcontractor place of performance, CAGE Code and DUNS Number. If the work was performed as a subcontractor, also provide the name of the prime contractor and Point of Contact (POC) within the prime contractor organization (name, and current address, e-mail address, and telephone and fax numbers). (b) Government or commercial contracting activity, and current address, Procuring Contracting Officer's name, e-mail address, telephone and fax numbers. (c) Government or commercial technical representative/COR, and current e-mail address, telephone and fax numbers. (d) Government or commercial contract administration activity and the Administrative Contracting Officer's name, and current e-mail address, telephone and fax numbers. (e) Contract Number and, in the case of Indefinite Delivery type contracts, GSA contracts, and Blanket Purchase Agreements, include Delivery Order Numbers also. (f) Contract Type (specific type such as Fixed Price (FP), Cost Reimbursement (CR), Time & Materials (T&M), etc.) In the case of Indefinite Delivery contracts, indicate specific type (Requirements, Definite Quantity, and Indefinite Quantity) and secondary contract type (FP, CR, T&M, etc)). (g) Awarded price/cost. (h) Final or projected final price/cost. (i) Original delivery schedule, including dates of start and completion of work. (j) Final or projected final, delivery schedule, including dates of start and completion of work. (2) Section 2 - Performance. Offerors shall provide a specific narrative explanation of each contract listed in Section 1 describing the objectives achieved and detailing how the effort is relevant to the requirements of this solicitation. For any contract(s)/task order(s) that did not/do not meet original schedule or technical performance requirements, provide a brief explanation of the reason(s) for the shortcoming(s) and any corrective action(s) taken to avoid recurrence. The Offerors shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary. The Offerors shall indicate if any of the contracts listed were terminated and the type and reasons for the termination. (3) Section 3 - Subcontracts. Offerors shall provide an outline of how the effort required by the solicitation will be assigned for performance within the Offeror's corporate entity and among the proposed subcontractors. The information provided for the prime Offeror and each proposed major subcontractor must include the entire company name, company address, CAGE Code, DUNS Number and type of work to be performed by citing the applicable Government PWS paragraph number. (4) Section 4 - New Corporate Entities. New corporate entities may submit data on prior contracts involving its officers and employees. However, in addition to the other requirements in this section, the Offeror shall discuss in detail the role performed by such persons in the prior contracts cited. Information should be included in the files described in the sections above. (iii) VOLUME III- PRICE FACTOR The Offeror shall complete the schedule of supplies/services of the solicitation. (iv) VOLUME IV - VETERANS INVOLVEMENT FACTOR. (1) For SDVOSBS/VOSBs: In order to receive credit under this Factor, an Offeror shall submit a statement of compliance that it qualifies as a SDVOSB or VOSB in accordance with VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors. Offerors are cautioned that they must be registered and verified in Vendor Information Pages (VIP) database (http://www.VetBiz.gov). (2) For Non-SDVOSBs/VOSBs: To receive some consideration under this Factor, an offeror must state in its proposal the names of SDVOSB(s) and/or VOSB(s) with whom it intends to subcontract, and provide a brief description and the approximate dollar values of the proposed subcontracts. Additionally, proposed SDVOSB/VOSB subcontractors must be registered and verified in VIP database (http://www.VetBiz.gov) in order to receive some consideration under the Veteran's Involvement Factor. (3) With regard to the requirements for registration and verification in the VetBiz database, reference VAAR 804.1102. (4) At the Offeror's sole discretion, provide information in accordance with VAAR Subpart 852.219-72, Evaluation Factor for Participation in the VA Mentor-Protégé Program. (v) VOLUME V - SOLICITATION, OFFER AND AWARD DOCUMENTS AND CERTIFICATIONS/REPRESENTATIONS. Certifications and Representations - An authorized official of the firm shall sign all certifications requiring original signature. An Acrobat PDF file shall be created to capture the signatures for submission. This Volume shall contain the following: a. Solicitation Section A -Acknowledgement of Amendments, if any. b. Any proposed exceptions to solicitation terms and conditions Offerors are hereby advised that any Offeror-imposed terms and conditions which deviate from the Government's material terms and conditions established by the Solicitation, may render the Offeror's proposal Unacceptable, and thus ineligible for award. (END EVALUATION PROCEDURES) (10)Each offeror must include a completed copy of the provision FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, with its proposal. (11)Clause FAR 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. Addenda to this clause follows: ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract: a.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://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm (End of Clause) 52.204-4PRINTED OR COPIED DOUBLE-SIDEDMAY 2011 ON RECYCLED PAPER 52.204-9PERSONAL IDENTITY VERIFICATION OFJAN 2011 CONTRACTOR PERSONNEL 52.219-6NOTICE OF TOTAL SMALL BUSINESS SET-ASIDENOV 2011 52.219-14LIMITATIONS ON SUBCONTRACTINGNOV 2011 52.227-14RIGHTS IN DATA--GENERALDEC 2007 52.227-16ADDITIONAL DATA REQUIREMENTSJUN 1987 52.227-19COMMERCIAL COMPUTER SOFTWARE LICENSEDEC 2007 b. VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. (End of Clause) c. VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) 1. Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General. 2. Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647. 3. The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports. (End of Clause) d. VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) (Note: as used in this clause, the term "brand name" includes identification of products by make and model.) 1. If items called for by this invitation for bids have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation. 2. Unless the bidder clearly indicates in the bid that the bidder is offering an "equal" product, the bid shall be considered as offering a brand name product referenced in the invitation for bids. 3.(a) If the bidder proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the invitation for bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his/her bid as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information that is not identified in the bid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his/her bid all descriptive material (such as cuts, illustrations, drawings or other information) necessary for the purchasing activity to: (i) Determine whether the product offered meets the salient characteristics requirement of the Invitation for Bids, and (ii) Establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the purchasing activity. (b) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he/she shall: (i) Include in his/her bid a clear description of such proposed modifications, and (ii) Clearly mark any descriptive material to show the proposed modifications. (c) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered. (End of Clause) e.VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) 1. In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses and veteran-owned small businesses as subcontractors. 2. Eligible service-disabled veteran-owned offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database. (http://www.VetBiz.gov). 3. Non-veteran offerors proposing to use service-disabled veteran-owned small businesses or veteran-owned small businesses as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VetBiz.gov VIP database (http://www.vetbiz.gov). (End of Clause) f.VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value. (End of Clause) g. VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from. (End of Clause) h.VAAR 852.273-76 ELECTRONIC INVOICE SUBMISSION (Interim - October 2008) 1. To improve the timeliness of payments and lower overall administrative costs, VA strongly encourages contractors to submit invoices using its electronic invoicing system. At present, electronic submission is voluntary and any nominal registration fees will be the responsibility of the contractor. VA intends to mandate electronic invoice submission, subject to completion of the federal rulemaking process. At present, VA is using a 3rd party agent to contact contractors regarding this service. During the voluntary period, contractors interested in registering for the electronic system should contact the VA's Financial Services Center at http://www.fsc.va.gov/einvoice.asp. (End of Clause) (End of Addendum to 52.212-4) (12)Clause FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items, applies to this acquisition. The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition: [X] 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [X] 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). [X] 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). [X] 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313). [X] 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [X] 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)). [X] 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [X] 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C 632(a)(2)). [X] 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X] 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). [X] 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [X] 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [X] 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [X] 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [X] 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [X] 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). (13)The following addition contract requirements and terms and conditions apply to this acquisition. a.LIMITATIONS ON SUBCONTRACTING - MONITORING AND COMPLIANCE Subcontracting Commitments - Monitoring and Compliance This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor compliance with the subcontracting commitments. b.GOVERNING LAW Federal law and regulations, including the Federal Acquisition Regulations ("FAR"), shall govern this Order. Commercial license agreements may be made a part of this Order but only if both parties expressly make them an addendum. 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 Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap) or 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 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 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 Order. Federal law and regulation, including without limitation, the Contract Disputes Act (41 U.S.C. §601-613), the Anti-Deficiency Act (31 U.S.C. §1341 et seq.), the Competition in Contracting Act (41 U.S.C. §253), the Prompt Payment Act (31 U.S.C. §3901, et seq.) 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 Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ). 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 Order must be made by order modification (Standard Form 30). Nothing in this Order or any commercial license agreement shall be construed as a waiver of sovereign immunity. c.See section 5.2.1 of the PWS for the salient characteristics identified with the brand name or equal components. (14)Offers are due on September 19, 2012 at 4:00 pm Central Time. Proposals shall be sent electronically to brian.cox3@va.gov. (15)For question or information regarding this solicitation please contact Brian Cox by phone at 512-981-4451 by email at brian.cox3@va.gov. All solicitation questions must be received by September 14, 2012.
 

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