DOCUMENT
D -- MyVEHU Campus Virtual Components Blanket Purchase Agreement (BPA) - Attachment
- Notice Date
- 1/13/2014
- Notice Type
- Attachment
- NAICS
- 611430
— Professional and Management Development Training
- Contracting Office
- Department of Veterans Affairs;Program Contracting Activity Central;6150 Oak Tree Blvd, Suite 300;Independence OH 44131
- ZIP Code
- 44131
- Solicitation Number
- VA70114I0079
- Response Due
- 1/22/2014
- Archive Date
- 3/23/2014
- Point of Contact
- Jonathan Chisholm
- Small Business Set-Aside
- Total Small Business
- Description
- Proposed Scope of Work MyVeHU Campus Virtual Components Blanket Purchase Agreement i.Sources Sought Notice Introduction The Department of Veterans Affairs (VA) Veterans Health Administration (VHA) requires an Blanket Purchase Agreement (BPA) that will be used to procure virtual support services for VA's MyVeHU Campus training website. At this time, no solicitation exists. Therefore, PLEASE DO NOT REQUEST A COPY OF THE SOLICITATION. Contractors having the skills and capabilities necessary to perform the below stated requirements should submit a response of no more than 10 pages in length, single spaced, 12 point font minimum that addresses the above information. In response to this Sources Sought, interested contractors shall submit the following information to Jonathan Chisholm via email at jonathan.chisholm@va.gov by 4:00pm ET on 01/22/2014. Please provide the following information: A.Company Name and Address B.Company DUNS # C.Company point of contact, telephone, and email address. D.Socio-Economic Status - Indicate whether your company, subcontractors, teaming partners, joint ventures have a Federal Socio-Economic status, e.g., Small Business, Service-Disabled Veteran Owned Small Business, Veteran Owned Small Business, Woman-Owned Small Business, Disadvantaged Small Business, and Hub Zone. If Service-Disabled or Veteran Owned Small Business, is your company and or partners registered in VA's VetBiz repository? E.If the company holds a Federal Supply Schedule (FSS) Contract, list the GSA Contract Number and relevant SINS. F.Capabilities / Qualifications: Provide a written description of the capabilities/qualifications/skills your company possesses to perform services described in this Sources Sought. G.Past Experience - Provide the following information on three similar projects completed within the last three years for which the responder was a prime or subcontractor. a.The name, address, and value of each project b.The Prime Contract Type, Firm Fixed-Price, or Time and Material c.The name, telephone and address of the owner of each project d.A description of each project, including difficulties and successes e.Your company's role and services provided for each project. DISCLAIMER This notice is issued solely for information and planning purposes only and does not constitute a solicitation. All information received in response to this notice that is marked as proprietary will be handled accordingly. In accordance with FAR 15.201(e), responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Respondents are solely responsible for all expenses associated with responding to this Sources Sought Notice. A.General Information BACKGROUND The U.S. Department of Veterans Affairs (VA) and the Veterans Health Administration (VHA) Office of Informatics and Analytics (OIA) initiated the development and launch of a unique, engaging and immersive web based learning community titled MyVeHU Campus (MVC). Launched in March of 2011, MVC serves to introduce and guide VA and VHA staff thru the many online resources available from past VHA eHealth University (VeHU) F2F conferences and provides an engaging, educational and accessible online learning resource. VeHU is VHA's annual training conference that provides education on the Computerized Patient Record System (CPRS) and related clinical software (VistA) developed by VHA. Every year, VeHU highlights innovations towards patient care through training classes on VHA's clinical informatics products. VHA OIA, has recognized the need for alternative means to traditional face-to-face (F2F) forums, meetings, and conferences. VHA OIA has an on-going obligation to continue providing educational resources to our VHA Staff and clinical trainees and is focused on delivering alternative technologies such as the increased use of immersive on-line education virtual environments and webcasting. The following Blanket Purchase Agreement (BPA) shall provide VHA OIA and the MyVeHU Campus learning community with the necessary production and webcasting resources to expand its reach and deliver live, interactive and on-demand training and education to larger audiences in near real time, and at a greatly reduced cost. MyVeHU Campus membership is currently at over 22,000 and will continue to grow in membership and value as VA's streaming initiatives expand. It is the intent of VHA OIA to enter into aBPA with a selected and qualified small business vendor for the performance work identified herein. In order to properly broadcast within MyVeHU Campus and grow attendance and exposure to VA staff, VHA OIA requires additional support services and intends to provide for those services utilizing this BPA. Those services include speaker coach management, track directors, 508 compliance support, accreditation management/support, usability analysis, and outside speakers. Actual performance will be ordered via specific event related task orders issued by a VHA OIA Contracting Officer. All orders under this BPA must be performed by the selected BPA Contractor in accordance with the terms and conditions contained herein, and in accordance with the requirements included in individual task orders issued under this BPA. APPLICABLE DOCUMENTS Documents referenced or germane to this PWS are listed below. In the performance of the tasks associated with this PWS, the Contractor shall comply with the following: 1.44 U.S.C. § 3541, "Federal Information Security Management Act (FISMA) of 2002" 2.Federal Information Processing Standards (FIPS) Publication 140-2, "Security Requirements For Cryptographic Modules" 3.FIPS Pub 201, "Personal Identity Verification of Federal Employees and Contractors," March 2006 4.10 U.S.C. § 2224, "Defense Information Assurance Program" 5.Software Engineering Institute, Software Acquisition Capability Maturity Model (SA CMM) Level 2 procedures and processes 6.5 U.S.C. § 552a, as amended, "The Privacy Act of 1974" 7.42 U.S.C. § 2000d "Title VI of the Civil Rights Act of 1964" 8.VA Directive 0710, "Personnel Suitability and Security Program," September 10, 2004 9.VA Directive 6102, "Internet/Intranet Services," July 15, 2008 10.36 C.F.R. Part 1194 "Electronic and Information Technology (EIT) Accessibility Standards," July 1, 2003 11.Office of Management & Budget (OMB) Circular A-130, "Management of Federal Information Resources," November 28, 2000 12.32 C.F.R. Part 199, "Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)" 13.An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule, March 2005 14.Sections 504 and 508 of the Rehabilitation Act (29 U.S.C. § 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998 15.Homeland Security Presidential Directive (12) (HSPD-12) 16.VA Directive 6500, "Information Security Program," August 4, 2006 17.VA Handbook 6500, "Information Security Program," September 18, 2007 18.VA Handbook, 6500.5, Incorporating Security and Privacy in System Development Lifecycle. 19.VA Handbook 6500.6, "Contract Security," March 12, 2010 20.PMAS portal (reference PWS References -Technical Library at https://www.voa.va.gov/) 21.ProPath Process Methodology (reference PWS References -Technical Library and ProPath Library links at https://www.voa.va.gov/) NOTE: In the event of a conflict, OI&T ProPath takes precedence over other processes or methodologies. 22.Technical Reference Model (TRM) (reference at http://www.ea.oit.va.gov/Technology.asp) 23.National Institute Standards and Technology (NIST) Special Publications 24.Integrated Project Team (IPT) Guide V1.0, Sept 17, 2010. SCOPE OF WORK A.The contractor shall be responsible for meeting VHA requirements for virtual sessions and MyVeHU Campus support functions in accordance with the below sections and as further detailed in each individual task order. The capabilities required under this acquisition are centered on a detailed understanding of MyVeHU Campus and training broadcasts within an e-learning environment. B. The tasks described below are general requirements that may be required in subsequent task orders (TOs). Specific requirements will be defined in the request for quotation(s) for an individual TO to be awarded under this BPA. Not all functional area requirements described in the below sections will apply to each TO. Individual TO requirement may fall within one (1) specific functional area, but in many cases, the requirements will encompass and apply across multiple functional areas to provide total program/project support. Specific Tasks: 1)Speaker Management: Contractor's speaker management support shall include an orientation call to faculty explaining the virtual environment features and possible engagement strategy, conference calls with speakers to generate and practice the presentation, assisting with converting presentations to a more visual approach, and travel to virtual broadcast vendor location to provide engaging coaching during virtual events. That contractor shall provide a resource to train new speaker coaches, assign speaker coaches to selected courses, and coordinate workload. 2)508 Compliance Support: Contractor shall provide 508 compliance support services for the presentations for virtual broadcasts. 3)Track Directors: The Contractor shall provide all of the necessary tools to identify appropriate sessions for educational tracks identified by VHA OIA using web submissions and planning committee input on ideas. The contractor shall coordinate with the VA planning committee and Subject Matter Experts to draft session descriptions and educational objectives for virtual broadcast sessions within MyVeHU Campus. The Contractor shall provide the appropriate number of staff to accomplish the track activities for the MyVeHU campus virtual broadcasts and communications via websites and social networking which support VeHU and MyVeHU campus. The contractor shall supply staff to provide web support across the VA initiatives supported by the OIA Training and Strategy Team. The contractor shall provide resources to manage the existing VeHU internet and intranet sites and to support development of new mobile web applications. 4)Accreditation management/support: The contractor shall track accreditation regulations and work with Training and Strategy team members to make sure VA accreditation standards are met. Contractor shall coordinate and work with VA Employee Education System (EES) partners to accomplish this task. 5)Usability Analysis: The contractor shall provide usability analysis of the MyVeHU Campus virtual environment and training broadcasts, employing usability analysis methodologies, such as: (1) A usability inspection based evaluation and (2) user performance and discussion based evaluation. PERFORMANCE DETAILS 4.1VIRTUAL EVENT SUPPORT TASK ORDERS Many requirements are likely to be associated with virtual meetings conducted by the VHA OIA. These are typically 1-2 day meetings which are generally held to one originating location, but can also be held at various locations around the continental US. Due to the unique and immersive nature of these streaming events, many of these meetings will be held and/or originate from production facilities and studios and therefore are likely to be held in one location as a cost reduction measure. Participants for these virtual events may include senior management staff within Department of Veterans Affairs, VHA, OIA, EES and others as may be deemed necessary. VHA OIA may conduct other types of virtual meetings and/or conferences at various locations with varying durations which will also require the services described herein. The number of expected on-line viewers/participants for virtual events (webcasts) may vary but are typically expected to be between 100 and 500 simultaneous users. The Contractor must accommodate these varying requirements and locations on an event by event basis as specified in individual task orders assigned to each event. PERFORMANCE PERIOD a)The duration of this Blanket Purchase Agreement (BPA) is one (1) year from date of award plus three (3) one year option periods that may be exercised at the Government's discretion. b)Each Task Order issued under this Blanket Purchase Agreement will specify its own period of performance -- not to exceed the duration of the Blanket Purchase Agreement itself. c)The BPA resulting from this solicitation will be reviewed annually by the Contracting Officer (CO) to determine if it is in the best interest of the government to continue the contract. d)Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the CO. There are ten (10) Federal holidays set by law (USC Title 5 Section 6103) that the VA follows: Under current definitions, four (4) are set by date: New Year's DayJanuary 1 Independence DayJuly 4 Veterans DayNovember 11 Christmas DayDecember 25 If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one (1) falls on a Sunday, then Monday shall be observed as a holiday. The other six (6) are set by a day of the week and month: Martin Luther King's BirthdayThird Monday in January Washington's BirthdayThird Monday in February Memorial DayLast Monday in May Labor DayFirst Monday in September Columbus DaySecond Monday in October ThanksgivingFourth Thursday in November PLACE OF PERFORMANCE At the contractor's facility, unless an alternative location is proposed for a specific task order. TRAVEL a)Amount of travel and locations will be specified in the individual TOs and in accordance with the General Services Administration (GSA) Federal Travel Regulations (FTR). Travel details must be provided to and approved by the Contracting Officer's Representative (COR) or the Government designee for each specific TO prior to commencement of travel. b)All travel costs shall be firm fixed price (FFP) and quoted as a separately priced line item. c)Profit shall not be applied to travel costs. BASIC PURCHASING AGREEMENT TASK ORDER PROCESS As requirements arise, TOs shall be placed against the BPA on a FFP basis. Each new TO placed under this BPA will be the result of a streamlined ordering process which includes a request for quotation (RFQ), proposal submission, technical evaluation, and a negotiated price based on pre-determined labor categories and rates that were established competitively during the BPA proposal phase. GOVERNMENT FURNISHED MATERIALS/INFORMATION/EQUIPMENT Government Furnished Property (GFP) which includes Government Furnished Material (GFM), Government Furnished Information (GFI), and Government Furnished Equipment (GFE) may be provided to execute TO requirements. This would include items such as project specific documents, Government furnished laptops, and other information, equipment or materials as determined necessary by the Government. If the Government determines GFE laptops are required, the Contractor shall propose the number of laptops required, based on the parameters provided by the Government. SPECIFIC TASKS AND DELIVERABLES In accordance with the terms of individual TO's issued against this BPA, the contractor shall perform the following: Speaker Coach Management Contractor shall provide for the following speaker management support services for virtual broadcast sessions: A.Orientation Call with Faculty Contractor shall conduct a (1) one hour orientation call with the faculty designated by the VA for each virtual broadcast session. During this call, Contractor shall explain the virtual environment features to the faculty and discuss possible strategies for engaging the audience in a virtual learning environment. Contractor shall provide post conference call meeting notes. Deliverable 5.1-A: One orientation conference call / meeting for each virtual broadcast session to explain virtual environment features and discuss engagement strategies. Contractor shall provide post conference call meeting notes. B.Speaker Presentation Development and Practice Contractor shall work with the VA's speaker faculty to generate and practice presentations for each virtual session. Contractor shall plan on up to five (90) minute conference calls to develop and practice each presentation prior to virtual broadcast dates. Contractor shall assist faculty in making presentations more engaging and appealing within a virtual learning environment. Contractor shall provide final PowerPoint presentations (60-90 slides each) for each virtual session. Deliverable 5.1-B: Completed PowerPoint presentations for each of the virtual broadcast sessions. Each presentation shall be comprised of approximately 60-90 slides. C.Onsite Speaker Management and Coaching Contractor shall travel to VA's broadcast location and provide engaging speaker coaching during virtual broadcasts. This will include one (1) day of rehearsal and one (1) broadcast day for each virtual session. Deliverable 5.1-C: Onsite speaker management and coaching at virtual broadcast location. D.Lead speaker coach manager The contractor shall provide a resource to train new speaker coaches, assign speaker coaches to selected courses, and coordinate workload. The contractor shall lead bi-weekly speaker coach calls. The contractor shall provide manuals for new speaker coaches, as well as checklists processes for speaker coaches and track directors. Deliverable 5.1-D.1: Documented attendance and participation in leading bi-weekly conference calls with VA Planning committee and Virtual VeHU speakers/presenters. Deliverable 5.1-D.2: Documentation of training and management of speaker coaches, to include creation of manuals, checklists, and processes. 508 COMPLIANCE SUPPORT A.508 Compliance of PowerPoint presentations Contractor shall make each PowerPoint presentation compliant with 508 regulations within 48 hours after being provided with each PowerPoint presentation. Each presentation will be comprised of 60-90 slides. VA will supply the contractor with the date that the Contractor shall receive the presentation files so that the Contractor can schedule work accordingly. Deliverable 5.2-A: Completed 508 compliant PowerPoint presentations for each virtual broadcast session. 1.1ONGOING MYVEHUCAMPUS SUPPORT TASK ORDERS 1.1.1Track Directors A.Project Management and support activities for virtual sessions The contractor shall work with VA staff and planning members to identify appropriate sessions for each defined education track using web submissions and planning committee input on ideas. The contractor shall coordinate with the VA planning committee and subject matter experts in the drafting of each session descriptions and educational objectives. Deliverable 5.3.1-A: Proposed session descriptions and educational objectives for virtual sessions B.VeHU Class Management and Design of Conference sessions The contractor shall work with assigned VA staff to develop an agenda for each virtual session based on feedback from previous conferences and virtual sessions, and the input of field planning committee members. Deliverable 5.3.1-B: Proposed Agendas for virtual sessions C.Class Development: Session descriptions, educational objectives and presenters The contractor shall work with VA or contractor subject matter experts to coordinate with the VA planning committee in the drafting of session descriptions, educational objectives, and key words. The contractor shall identify potential presenters for the virtual sessions with input and concurrence of the VA planning committee. Contractor shall update descriptions, keywords and agenda as classes are developed to maintain their accuracy. For sessions that are interactive, contractor shall work with OIA technical staff to ensure necessary data is in accounts and lab will support the training objectives of the class. Contractor shall provide proposed draft description of the session presentation with educational behavioral objectives and faculty confirmation, including written confirmation that the recommended presenter has consented to present the session they were selected for by the VA Planning Committee, and confirmation that presenters have completed necessary EES accreditation forms. Deliverable 5.3.1-C: Proposed Draft description of the session presentation with educational behavioral objectives and faculty confirmation. Written confirmation that the recommended presenter has consented to present the session they were selected for by the VA Planning Committee. Confirmation that presenters have completed necessary EES accreditation forms. D.Attend Track Director conference calls The Contractor shall participate in the monthly/bi monthly conference calls with all the track directors and other key planning members for the virtual conferences. Deliverable 5.3.1-D: Documented attendance and participation at conference calls E.Web Support The contractor shall supply staff to provide web support across the VA initiatives supported by the OIA Training and Strategy Team. The contractor shall provide resources to manage the existing VeHU internet and intranet sites and to support development of new mobile web applications. Deliverable 5.3.1-E.1: Provide weekly posting of new web content, graphics support and modification of functionality to existing VeHU internet and intranet sites. Monthly reports shall be provided for documentation. Deliverable 5.3.1-E.2: Provide support for development of training materials for mobile web applications. Monthly reports shall be provided for documentation. 1.1.2Accreditation Management/support for Staff and VA Employees A.Tracking accreditation regulations and meeting accreditation standards The contractor shall track VA accreditation regulations and work with VA partners to provide accreditation and ensure VA standards are met. Contractor will coordinate and work with VA Employee Education System (EES) partners to accomplish this task. Contractor shall provide monthly reports of any changes, additions, or updates to VA accreditation regulations. Contractor shall provide spreadsheet documentation of VA staff meeting accreditation standards. Deliverable 5.3.2-A.1: Track accreditation regulations and provide monthly reports of any changes, additions, or updates. Deliverable 5.3.2-A.2: Provide spreadsheet documentation of VA staff meeting accreditation standards. 1.1.3Usability Analysis of The MyVeHU Campus and Individual Instructional Materials A.Usability Inspection Based Evaluations Contractor shall conduct inspection based usability evaluations and make redesign suggestions where applicable. Contractor shall provide documentation of each inspection based usability evaluation in a report that identifies the specific heuristics used, errors or concerns identified, and redesign recommendations where applicable. Deliverable 5.3.3-A: Documentation of each usability inspection based evaluation in a report that identifies the specific heuristics used; errors or concerns identified, and redesign recommendations where applicable. B.User Performance and Discussion Based Evaluations Contractor shall conduct hands-on user performance followed by discussion evaluations, capturing usability issues in the process. Contractor shall provide documentation of each user performance and discussion based evaluation. Deliverable 5.3.3-B: Documentation of each user performance and discussion based evaluation. C.Administrative Support for Usability Analysis The contractor shall be required to submit a monthly report summarizing work completed in each month and planned work for following month during task order period of performance. This report shall also identify any risks to completing the technical work in this effort and mitigation strategies. The contractor shall take part in teleconference meetings to occur one week prior to, and one week following, each evaluation. Deliverable 5.3.3-C: Documented attendance and participation at conference calls PERFORMANCE METRICS The Contractor shall monitor performance against the established schedule, milestones, risks and resource support outlined in the approved PMP. The Contractor shall report any deviations in the Updated Progress Report. As a minimum, the following metrics shall be included: Performance ObjectivePerformance StandardAcceptable Performance LevelsSurveillance Method 1.Technical NeedsShows understanding of requirements Efficient and effective in meeting requirements Meets technical needs and mission requirements Offers quality services/productsSatisfactory or higherPerformance Assessment Survey 2.Project Milestones and ScheduleQuick response capability Products completed, reviewed, delivered in timely manner Notifies customer in advance of potential problemsSatisfactory or higherPerformance Assessment Survey 3. Project StaffingCurrency of expertise Personnel possess necessary knowledge, skills and abilities to perform tasksSatisfactory or higherPerformance Assessment Survey 4. Value AddedProvided valuable service to Government Services/products delivered were of desired qualitySatisfactory or higherPerformance Assessment Survey The Government will utilize a Quality Assurance Surveillance Plan (QASP) throughout the life of the contract/order to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government reserves the right to alter or change the QASP at its own discretion. A Performance Based Service Assessment Survey will be used in combination with the QASP to assist the Government in determining acceptable performance levels. APPLICABLE STANDARDS AND OTHER REQUIREMENTS: Contractor performance will be governed by a DELIVERABLE TIMETABLE in addition to the requirements specified in the BID SCHEDULE, BPA document, and other contents of the delivery/task order. A sample DELIVERABLE TIMETABLE is included in the text that follows along with a sample BID SCHEDULE (see Solicitation Process below). Webcasting must comply with the following standards as applicable. After award, the contractor shall propose alternatives at no additional cost to the Government that meet or exceed the provisions of the standards listed below: 1) Customizable URLs 2) Hyper Text Transfer Protocol (HTTP). 3) Hyper Text Transfer Protocol Secure (HTTPS). 4) IETF RFC 3261 for Session Initiation Protocol (SIP) (Optional). 5) ITU-T T.120 Series of Data Protocols for Multimedia conferencing 6) Secure Sockets Lay (SSL) Encryption. 7) PowerPoint Synchronization. 8) Streaming page development and design. 9) Transmission Control Protocol/Internet Protocol (TCP/IP) Suite. 10) Meet requirements/intentions of the VA Technical Reference Model [TBD]. SECTION 508 COMPLIANCE REQUIREMENTS: All webcasting services need to be Section 508 compliant as outlined below: Accessibility Requirements (Section 508) Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the VA who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled Federal employees and members of the VA. All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable EIT accessibility standards have been identified: Section 508 Applicable EIT Accessibility Standards: o 36 CFR 1194.22 Web-based Intranet and Internet Information and Applications, applies to all Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous JavaScript and XML (AJAX) then 1194.21 Software standards also apply to fulfill functional performance criteria. o 36 CFR 1194.24 Video and Multimedia Products, applies to all video and multimedia products that are procured or developed under this work statement. Any video or multimedia presentation shall also comply with the software standards (1194.21) when the presentation is through the use of a Web or Software application interface having user controls available. o 36 CFR 1194.31 Functional Performance Criteria, applies to all EIT deliverables regardless of delivery method. All EIT deliverable shall use technical standards, regardless of technology, to fulfill the functional performance criteria. o 36 CFR 1194.41 Information Documentation and Support, applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required 1194.31 Functional Performance Criteria, they shall comply with the technical standard associated with Web-based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk shall have the ability to transmit and receive messages using TTY. Section 508 Applicable Exceptions. Exceptions for this work statement have been determined by VA and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the VHA OIA Project Coordinator and determination will be made in accordance with VA MD 4010.2. VA has identified the following exceptions that may apply: 36 CFR 1194.3(b) Incidental to Contract, all EIT that is exclusively owned and used by the contractor to fulfill this work statement does not require compliance with Section 508. This exception does notapply to any EIT deliverable, service or item that will be used by any Federal employee(s) or member(s) of the VA. This exception only applies to those contractors assigned to fulfill the obligations of this work statement and for the purposes of this requirement, are not considered members of the VA. Section 508 Compliance Requirements 36 CFR 1194.2(b) (COTS/GOTS products), When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meet some but not all of the standards, the agency must procure the product that best meets the standards. When applying this standard, all procurements of EIT shall have documentation of market research that identify a list of products or services that first meet the agency business needs, and from that list of products or services, an analysis that the selected product met more of the accessibility requirements than the non-selected products as required by FAR 39.2. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim and requires authorization from the VA.
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