SAMDaily.us | AWARD | 70 | Police Program Inspection Compliance (PPIC) Performance Logic Rounding Center -(VA-21-00033781)

SAMDAILY.US - ISSUE OF MAY 13, 2021 SAM #7103
AWARD

70 -- Police Program Inspection Compliance (PPIC) Performance Logic Rounding Center -(VA-21-00033781)

Notice Date: 5/11/2021 5:32:21 AM
Notice Type: Award Notice
NAICS: 541519 — Other Computer Related Services
Contracting Office: TECHNOLOGY ACQUISITION CENTER NJ (36C10B) EATONTOWN NJ 07724 USA
ZIP Code: 07724
Solicitation Number: 36C10B21Q0149
Archive Date: 06/10/2021
Point of Contact: William Freer, Contract Specialist, Phone: +1 (732) 795-1063
E-Mail Address: William.Freer@va.gov
(William.Freer@va.gov)
Award Number: NNG15SD38B-36C10B21F0129
Award Date: 05/10/2021
Awardee: REDHAWK IT SOLUTIONS LLC WOODBRIDGE 22192
Award Amount: 488240.43000000
Description: PAGE 1 OF 1. REQUISITION NO. 2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL TIME 9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR: SMALL BUSINESS HUBZONE SMALL BUSINESS SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM EDWOSB 8(A) NAICS: SIZE STANDARD: 11. DELIVERY FOR FOB DESTINA- TION UNLESS BLOCK IS MARKED SEE SCHEDULE 12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING 14. METHOD OF SOLICITATION RFQ IFB RFP 15. DELIVER TO CODE 16. ADMINISTERED BY CODE 17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE TELEPHONE NO. DUNS: DUNS+4: PHONE: FAX: 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (Use Reverse and/or Attach Additional Sheets as Necessary) 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED. 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS: 30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 7. FOR SOLICITATION INFORMATION CALL: STANDARD FORM 1449 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 19 116-21-2-7643-0009 36C10B21F0129 NNG15SD38B See Block 31 C 36C10B21Q0149 William Freer, Contract Specialist 732-795-1063 3:00PM EST Department of Veterans Affairs Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724 X N/A N/A X See Delivery Schedule Department of Veterans Affairs Technology Acquisition Center 23 Christopher Way Eatontown NJ 07724 RedHawk IT Solutions 2689 Maple Ridge Drive Woodbridge, VA 22192 703-490-9192 801957023 Department of Veterans Affairs Technology Acquisition Center Financial Services Center PO Box 149971 Austin TX 78714-8971 See CONTINUATION Page Title: Performance Logic Rounding Center Environment of Care (EOC) software licenses, maintenance and technical support software licenses, maintenance, and technical support Type of Contract: Firm Fixed Price (FFP) POC: Will Freer, William.Freer@va.gov Alternate POC: Edward Hebert, Edward.Hebert@va.gov $261,336.81 116-3610167-7643-198630-2324 T2ND1AXZ3 X Edward Hebert Contracting Officer NNG15SD38B-36C10B21F0129 Page 1 of Page 3 of 71 Page 1 of Table of Contents SECTION B - CONTINUATION OF SF 1449 BLOCKS 4 B.1 GOVERNING LAW 4 B.2 SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT 5 B.3 CONTRACT ADMINISTRATION DATA 8 B.4 PRICE SCHEDULE 9 B.5 PRODUCT DESCRIPTION 11 SECTION C - CONTRACT CLAUSES 17 C.1 NASA SEWP V RFQ INTRODUCTORY LANGUAGE 17 C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 17 (End of Clause) 18 C.3 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 18 C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) 18 SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 20 SECTION E - SOLICITATION PROVISIONS 21 E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 21 (End of Provision) 21 E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) 21 E.3 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES REPRESENTATION (OCT 2020) 24 E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL ITEMS (FEB 2021) 25 E.5 52.216-1 TYPE OF CONTRACT (APR 1984) 45 E.6 52.233-2 SERVICE OF PROTEST (SEP 2006) 45 E.7 VIP VERIFICATION REQUIREMENT FOR SERVICE DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSBs) 46 E.8 BASIS FOR AWARD 46 E.9 QUOTE SUBMISSION INSTRUCTIONS 46 NNG15SD38B-36C10B21F0129 Page 1 of Page 24 of 71 Page 1 of 71 SECTION B - CONTINUATION OF SF 1449 BLOCKS B.1 GOVERNING LAW Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Contract/Order. Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto, as permitted by FAR 12.212. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ) in accordance with 28 U.S.C. § 516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity. B.2 SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT (1). Definitions. Licensee. The term licensee shall mean the U.S. Department of Veterans Affairs ( VA ) and is synonymous with Government. Licensor. The term licensor shall mean the Contractor having the necessary license or ownership rights to deliver license, software maintenance and support of the computer software being acquired. The term Contractor is the party identified in Block 17a on the SF1449. If the Contractor is a reseller and not the Licensor, the Contractor remains responsible for performance under this Contract/Order. Software. The term software shall mean the licensed computer software product(s) cited in the Schedule of Supplies/Services. Maintenance. The term maintenance is the process of enhancing and optimizing software, as well as remedying defects. It shall include all new fixes, patches, releases, updates, versions and upgrades, as further defined below. Technical Support. The term technical support refers to the range of services providing assistance for the software via the telephone, email, a website or otherwise. Release or Update. The term release or update are terms that refer to a revision of software that contains defect corrections, minor enhancements or improvements of the software s functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware. Version or Upgrade. The term version or upgrade are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version 5.4 to 6). (2). Software License. Unless otherwise stated in the Schedule of Supplies/Services, the Performance Work Statement or Product Description, the software license provided to the Government is a perpetual, nonexclusive license to use the software. The Government may use the software in a networked environment. Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d). All limitations of software usage are expressly stated in the Schedule of Supplies/Services and the Performance Work Statement/Product Description. (3). Software Maintenance and Technical Support. If the Government desires to continue software maintenance and support beyond the period of performance identified in this Contract/Order, the Government will issue a separate contract or order for maintenance and support. Conversely, if a contract or order for continuing software maintenance and technical support is not received, the Contractor is neither authorized nor permitted to renew any of the previously furnished services. The Contractor shall provide software support services, which includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the Contractor to its commercial customers so as to cause the software to perform according to its specifications, documentation or demonstrated claims. Any telephone support provided by Contractor shall be at no additional cost. The Contractor shall provide all maintenance services in a timely manner in accordance with the Contractor s customary practice or as defined in the Performance Work Statement or Product Description. However, prolonged delay (exceeding 2 business days) in resolving software problems will be noted in the Government s various past performance records on the Contractor (e.g., www.cpars.gov). If the Government allows the maintenance and support to lapse and subsequently wishes to reinstate it, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed the subscription to lapse. (4). Disabling Software Code. The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such disabling code is present, the Contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the contractor agrees to remove such code upon the Government s request at no extra cost to the Government. Inability of the Contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of contract, and the Government may exercise its right to terminate for cause. In addition, the Government is permitted to remove the code as it deems appropriate and charge the Contractor for consideration for the time and effort expended in removing the code. (5). Manuals and Publications. Upon Government request, the Contractor shall furnish the most current version of the user manual and publications for all products/services provided under this Contract/Order at no cost. B.3 CONTRACT ADMINISTRATION DATA 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: RedHawk IT Solutions b. GOVERNMENT: Contracting Officer 003B2F4 Department of Veterans Affairs Technology Acquisition Center 23 Christopher Way Eatontown NJ 07724 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: [X] 52.232-33, Payment by Electronic Funds Transfer System For Award Management, or [] 52.232-36, Payment by Third Party 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly [] b. Semi-Annually [] c. Other [X] Upon acceptance of deliverables in accordance with B.4, Price Schedule 4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Department of Veterans Affairs Technology Acquisition Center Financial Services Center PO Box 149971 Austin TX 78714-8971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE B.4 PRICE SCHEDULE NOTE: Offerors are instructed to complete Section B.4 and submit with their quote. Offerors are cautioned that alterations to the line items as specified below may render quotes unacceptable. Inspection: Destination Acceptance: Destination Free on Board (FOB): Destination Base Period Period of Performance: MAY 16, 2021 through May 15, 2022. CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 0001 Performance Logic Rounding Center (Per User) Limited Annual License The period of performance shall be from May 17, 2021 through May 16, 2022 Part Number: PL-RC 250 EA $887.93 $221,982.50 0002 Performance Logic Rounding Center Site Support-12 Months The period of performance shall be from May 17, 2021 through May 16, 2022 Part Number: PL-RC-SUPPORT 1 EA $27,337.71 $27,337.71 0003 Performance Logic Rounding Center Onsite Training, Price Per Session In accordance with (IAW) paragraph in accordance with (IAW) Product Description (PD) Section 1.1. The period of performance shall be from May 17, 2021 through May 16, 2022 Part Number: PL-HC-TRN - REMOTE 20 EA $600.83 $12,016.60 BASE PERIOD TOTAL $261,336.81 Option Period 1 This eight (8) month option period may be exercised in the sole discretion of the Government IAW FAR 52.217-9 Option to Extend the Term of the Contract. If exercised, this option shall commence immediately after expiration of the Base Period. CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1001 Performance Logic Rounding Center (Per User) Limited License The period of performance shall be from May 17, 2022 through January 16, 2023 Part Number: PL-RC 250 EA $743.90 $185,975.00 1002 Performance Logic Rounding Center Site Support-12 Months The period of performance shall be from May 17, 2022 through January 16, 2023 Part Number: PL-RC-SUPPORT 1 EA $28,431.22 $28,431.22 1003 Performance Logic Rounding Center Onsite Training, Price Per Session In accordance with (IAW) paragraph in accordance with (IAW) Product Description (PD) Section 1.1. The period of performance shall be from May 17, 2022 through January 16, 2023 Part Number: PL-HC-TRN - REMOTE 20 EA $624.87 $12,497.40 OPTION PERIOD ONE TOTAL $226,902.62 GRAND TOTAL (BASE + OPTION PERIOD ONE) $488,240.43 B.5 PRODUCT DESCRIPTION PRODUCT DESCRIPTION (PD) DEPARTMENT OF VETERANS AFFAIRS Office of Information & Technology Corporate Portfolio Performance Logic Rounding Center Software Licenses Date: 04/7/2021 VA-21-00033781 PD Version Number: 1.2 1.0 PRODUCT REQUIREMENTS VA Office of Information & Technology (OI&T), Enterprise Program Management Office has a requirement for 250 brand name Performance Logic Rounding Center (PLRC) annual term software licenses, and training for the Office of Security and Law Enforcement (OSLE). OSLE will utilize brand name PLRC software to perform required inspections of VA law enforcement facilities. VA also requires associated brand name PLRC software maintenance and technical support, which includes access to security patches, updates, hotfixes and new releases. The required software maintenance support will allow OSLE to keep VA s environment operational where work is conducted directly with VA OI&T to schedule releases and ensure downtime for the platform is minimized. Performance Logic (PL) provides both e-mail and telephone support and can be contacted toll-free via telephone from 9:00 am to 8:00 pm Eastern Time excluding US national holidays and by e-mail 24 hours a day. Table 1 Description Part no. Quantity BASE AND OPTION PERIOD PERFORMANCE LOGIC ROUNDING CENTER (PER USER) LIMITED ANNUAL LICENSE PL-RC 250 EA PERFORMANCE LOGIC ROUNDING CENTER SITE SUPPORT PL-RC-SUPPORT 1 EA PERFORMANCE LOGIC ROUNDING CENTER REMOTE TRAINING, PRICE PER SESSION PL-HC-TRN - REMOTE 20 EA 1.1 TRAINING The remote brand name PLRC training sessions shall be for central core users and will be conducted to provide training on the platform for using the inspection tool, running reports, configuring new inspection checklists, and administrative oversight. Remote training is for facility users and will be used to provide training in conducting on-site inspections and follow up for corrective actions. Training sessions shall be customized based on the type of user and areas that require training. Remote training sessions typically range between 1.5 - 3 hours for each remote training session. Remote training shall be accessed via WebEx with a dial-in phone number to join the event. 2.0 NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) PROCUREMENTS (SECTION 508) On January 18, 2017, the Architectural and Transportation Barriers Compliance Board (Access Board) revised and updated, in a single rulemaking, standards for electronic and information technology developed, procured, maintained, or used by Federal agencies covered by Section 508 of the Rehabilitation Act of 1973, as well as our guidelines for telecommunications equipment and customer premises equipment covered by Section 255 of the Communications Act of 1934. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities. 2.1 SECTION 508 INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) STANDARDS The Section 508 standards established by the Access Board are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure ICT. These standards are found in their entirety at: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines. A printed copy of the standards will be supplied upon request. Federal agencies must comply with the updated Section 508 Standards beginning on January 18, 2018. The Final Rule as published in the Federal Register is available from the Access Board: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule. The Contractor shall comply with 508 Chapter 2: Scoping Requirements for all electronic ICT and content delivered under this contract. Specifically, as appropriate for the technology and its functionality, the Contractor shall comply with the technical standards marked here: E205 Electronic Content (Accessibility Standard -WCAG 2.0 Level A and AA Guidelines) E204 Functional Performance Criteria E206 Hardware Requirements E207 Software Requirements E208 Support Documentation and Services Requirements 2.2 COMPATABILITY WITH ASSISTIVE TECHNOLOGY The standards do not require installation of specific accessibility-related software or attachment of an assistive technology device. Section 508 requires that ICT be compatible with such software and devices so that ICT can be accessible to and usable by individuals using assistive technology, including but not limited to screen readers, screen magnifiers, and speech recognition software. 2.3 ACCEPTANCE AND ACCEPTANCE TESTING Deliverables resulting from this solicitation will be accepted based in part on satisfaction of the Section 508 Chapter 2: Scoping Requirements standards identified above. The Government reserves the right to test for Section 508 Compliance before delivery. The Contractor shall be able to demonstrate Section 508 Compliance upon Deliverables resulting from this solicitation will be accepted based in part on satisfaction of the Section 508 Chapter 2: Scoping Requirements standards identified above. The Government reserves the right to test for Section 508 Compliance before delivery. The Contractor shall be able to demonstrate Section 508 Compliance upon delivery. 2.4 PERIOD OF PERFORMANCE The base period of performance shall be from May 17, 2021 through May 16, 2022, with one 8-month option period for subsequent renewal of PLRC term licenses, training, software maintenance and technical support. 3.0 DELIVERY OF SOFTWARE Inspection: Nothing is required to be shipped Acceptance: Destination Free on Board (FOB): Destination The PLRC software licenses shall be configured and remotely installed by the Contractor after receipt of order. The Contractor will work remotely with the VA Sustainment Manager who maintains the hosting on MS Azure located within the VA Enterprise Cloud(VAEC). The installation date for the additional licensing is scheduled to be performed on May 17, 2021. 4.0 GENERAL REQUIREMENTS 4.1 VA TECHNICAL REFERENCE MODEL The Contractor shall support the VA enterprise management framework. In association with the framework, the Contractor shall comply with OI&T Technical Reference Model (VA TRM). The VA TRM is one component within the overall Enterprise Architecture (EA) that establishes a common vocabulary and structure for describing the information technology used to develop, operate, and maintain enterprise applications. Moreover, the VA TRM, which includes the Standards Profile and Product List, serves as a technology roadmap and tool for supporting OI&T. Architecture & Engineering Services (AES) has overall responsibility for the VA TRM. 5.0 INFORMATION SECURITY CONSIDERATIONS The Assessment and Authorization (A&A) requirements do not apply and a Security Accreditation Package is not required All VA sensitive information shall be protected at all times in accordance with local security field office System Security Plans (SSP s) and Authority to Operate (ATO) s for all systems/LAN s accessed while performing the tasks detailed in this Product Description. a. A prohibition on unauthorized disclosure: Information made available to the Contractor or Subcontractor by VA for the performance or administration of this contract or information developed by the Contractor/Subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the Contractor/Subcontractor s rights to use data as described in Rights in Data General, FAR 52.227-14(d).(1). b. A requirement for data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the Contractor/Subcontractor has access, the Contractor/Subcontractor shall immediately notify the COR and simultaneously, the designated ISO, and Privacy Officer for the contract. The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph 6.a. c. A requirement to pay liquidated damages in the event of a data breach: In the event of a data breach or privacy incident involving SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of providing credit protection services to those individuals. However, it is the policy of VA to forgo collection of liquidated damages in the event the Contractor provides payment of actual damages in an amount determined to be adequate by the agency. Based on the determinations of the independent risk analysis, the Contractor shall be responsible for paying to VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: 1) Notification; 2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; 3) Data breach analysis; 4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; 5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and 6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs d. A requirement for annual security/privacy awareness training: Before being granted access to VA information or information systems, all Contractor employees and Subcontractor employees requiring such access shall complete on an annual basis either: (i) the VA security/privacy awareness training (contains VA security/privacy requirements) within 1 week of the initiation of the contract, or (ii) security awareness training provided or arranged by the contractor that conforms to VA s security/privacy requirements as delineated in the hard copy of the VA security awareness training provided to the Contractor. If the Contractor provides their own training that conforms to VA s requirements, they will provide the COR or CO, a yearly report (due annually on the date of the contract initiation) stating that all applicable employees involved in VA s contract have received their annual security/privacy training that meets VA s requirements and the total number of employees trained. See VA Handbook 6500.6, Appendix C, paragraph 9. e. A requirement to sign VA s Rules of Behavior: Before being granted access to VA information or information systems, all Contractor employees and Subcontractor employees requiring such access shall sign on annual basis an acknowledgement that they have read, understand, and agree to abide by VA s Contractor Rules of Behavior which is attached to this contract. See VA Handbook 6500.6, Appendix C, paragraph 9, and Appendix D. Note: If a medical device vendor anticipates that the services under the contract will be performed by 10 or more individuals, the Contractor Rules of Behavior may be signed by the vendor s designated representative. The contract must reflect by signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individuals review and understand the Contractor Rules of Behavior when accessing VA s information and information systems. 6.0 POINTS OF CONTACT VA Project Manager: Name: Michael Ketelaar Voice: 321-639-1989 Email: Michael.ketelaar@va.gov Contracting Officer: Name: Edward Hebert Address: VA Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724 Voice: 732-440-9715 Email: Edward.Hebert@va.gov Contract Specialist: Name: William Freer Address: VA Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724 Voice: 732-795-1063 Email: William.Freer@va.gov Page 40 of 71 NNG15SD38B-36C10B21F0129 Page 1 of Page 46 of 71 Page 1 of SECTION C - CONTRACT CLAUSES C.1 NASA SEWP V RFQ INTRODUCTORY LANGUAGE All clauses and provisions from the Federal Acquisition Regulation (FAR), NASA FAR Supplement, and the Goddard Space Flight Center Regulation from the applicable National Aeronautics and Space Administration (NASA) Solutions for Enterprise Wide Procurement (SEWP) V Government-Wide Acquisition Contract (GWAC), and the specific NASA SEWP V contract referenced on the SF1449 in Block 2 of the specific vendor contract, are hereby incorporated by reference. The full text of any FAR and NASA SEWP V clauses which are incorporated by reference can be found at the following URLs: FAR: http://www.acquisition.gov/far/index.html NASA SEWP V: http://www.sewp.nasa.gov C.2 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 theywere 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 FAR Number Title Date 52.203-3 GRATUITIES APR 1984 52.204-4 52.203-19 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER PROHIBITION ON REQUIRING CERTAIN INTERNAL MAY 2011 JAN 2017 52.204-23 CONFIDENTIALLY AGREEMENTS OR STATEMENTS PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES JUL 2018 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT AUG 2020 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS OCT 2018 52.227-1 AUTHORIZATION AND CONSENT JUN 2020 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT JUN 2020 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM FOR AWARD MANAGEMENT OCT 2018 (End of Clause) C.3 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) The Government may extend the term of this contract by written notice to the Contractor any time prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 20 months. (End of Clause) C.4 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 compon...
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70 -- Police Program Inspection Compliance (PPIC) Performance Logic Rounding Center -(VA-21-00033781)