Microsoft_Dynamics_GP_Solicitation.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

PART I

SECTION B

SERVICES AND COSTS

Request for Proposal Title: Microsoft Dynamics GP Support & Upgrade

Request for Proposal Issue Date: February 19, 2015 Request for Proposal Close Date: March 13, 2015 (5:00 p.m. EST)

B.1 SUMMARY DESCRIPTION OF CONTRACT REQUIREMENTS

The United States Tax Court (sometimes hereinafter referred to as “the Tax Court” or “the Court”) seeks technical support services on an as-needed basis in connection with its Microsoft Dynamics GP software and associated modules.

The services that may be required are described in more detail in Section C below.

The Court will pay for those services on a labor-hour basis up to an annual hourly ceiling for each labor category. Offerors should propose titles, qualifications, and functional responsibility for each labor category, along with hourly rates and annual hourly ceilings for each of the government fiscal years ending September 30, 2015 and September 30, 2016.

The contract will be for an initial term of 6 months, from April 1, 2015 through September 30, 2015, although the Court may by written notice(s) extend the term of the contract for a total period of performance of up to one (1) additional year, or until September 30, 2016. The Tax Court utilizes Volume 14, titled “Procurement”, of the Guide to Judiciary Policy for all procurement matters.

This best value solicitation incorporates one or more provisions and/or clauses of Volume 14 by reference, with the same force and effect as if they were given in full text. The full text of each provision or clause may be found at Appendix 1B of Volume 14, or accessed electronically at http://www.uscourts.gov/procurement.aspx. In addition, upon request, the Contracting Officer will make their full text available. Hereinafter, all references to the “Court”, the “Judiciary” or the “Administrative Office of the United States Courts” appearing in any provision or clause shall be deemed to refer to the United States Tax Court. The term “Contractor” refers to the successful offeror awarded a contract under this solicitation.

B-1

B.2 PROPOSED PRICES

The offeror shall state, in the form set forth below, for each of the government fiscal years 2015 and 2016, each labor category proposed by job title, the offeror’s proposal for the minimum education and experience levels, and the functional responsibility, for individuals whose services would qualify under that labor category, along with the hourly rates to be charged and the ceiling number of hours. If the offeror proposes more than one labor category, the offeror shall attach to this solicitation separate completed forms for each such labor category.

The offeror shall also set forth, in the form below, the total maximum amounts which could be due to the Contractor under the proposed contract for each of the government fiscal years 2015 and 2016. These total maximum amounts shall be arrived at by adding the annual total of the maximum amounts that could be paid for professional services at the hourly rates and annual hourly maximums for each labor category, and $5,000, the maximum that can be paid each government fiscal year under the contract for mileage expenses for trips to the Tax Courthouse in Washington, D.C.

[This space intentionally blank.]

B-2

LABOR CATEGORY, QUALIFICATIONS,

MAXIMUM HOURS, AND RATES

(TITLE)

Minimum Education Level:

Minimum Experience Level:

Functional Responsibility:

FY 2015 FY 2016

MAXIMUM

HOURS

RATE $

CEILING

COST $

Potential Maximum Obligation Under Contract

FY 2015 FY 2016

B-3

SECTION C

Descriptions / Specifications / Statement of Work

C.1 BACKGROUND:

The Tax Court is a national court that hears only tax disputes. The Court currently utilizes Microsoft Dynamics GP 10.0 for finance, procurement and human resources. The Court also utilizes Microsoft Business Portal for requisition management and purchasing automation. The Court’s basic Microsoft Dynamics GP program has been customized to include additional modules, applications, integrations, and modifications, as listed in Part III, Section J, Attachment A.

The Court is seeking a Contractor to provide maintenance and support services on an as-needed, labor-hour basis with respect to its current software. In addition, during the term of this contract, the Court anticipates upgrading Microsoft Dynamics GP 10.0 to the latest version of Microsoft Dynamics GP. This upgrade will also require the replacement of the Court’s current business portal application, as Microsoft Business Portal is no longer supported by Microsoft and cannot be upgraded. The successful bidder will be required to support the development and implementation of the Microsoft Dynamics GP upgrade and business portal replacement, and then to provide maintenance and support services with respect to the new system.

C.2 KEY OBJECTIVES:

1. Support and maintenance of the Court’s current Microsoft Dynamics GP 10.0 Software, as customized

2. Upgrade from current Microsoft Dynamics GP 10.0 to the most recent version

3. Implementation of a new business portal application

4. Training on the latest version of Microsoft Dynamics GP and the new business portal

5. Support and maintenance of the Court’s upgraded Microsoft

Dynamics GP Software and associated business portal

C-1

C.3 SCOPE

The United States Tax Court is seeking maintenance, support and upgrade services on an as-needed basis for its customized Microsoft Dynamics GP software and associated modules. The contract will be for a term of six (6) months, with a Court option for one (1) additional year. The initial period of performance will be April 1, 2015, through September 30, 2015.

There are four specific Task Areas for which the Contractor may be required to provide services:

- TASK AREA 1: Maintenance and Support for Microsoft Dynamics

GP 10.0

- TASK AREA 2: Upgrade of Microsoft Dynamics GP Software

- TASK AREA 3: Implementation of a New Business Portal

Application

- TASK AREA 4: Maintenance and Support for Upgraded Microsoft

Dynamics GP Software and Associated Business Portal

The details of the services that may be required for each Task Area are set forth in Section C.4.

C.4 TASK AREAS DETAILS

This is a Labor-Hours contract. The Contractor will be responsible for directing personnel resources to meet the objectives and requirements for each Task Area as specified by task orders.

C.4.1 TASK AREA 1: Maintenance and Support for Microsoft Dynamics GP 10.0

The Contractor may be tasked with providing support services as requested in connection with the operation and maintenance of the Court’s current Microsoft Dynamics GP software. Normal support hours of this contract are Monday through Friday, 8 a.m. to 4:30 p.m. EST. The activities that the Contractor may be asked to perform in this Task Area include, but are not limited to:

C-2

- Identifying and understanding existing customizations and modifying them as needed

- Providing technical support and direct assistance as needed (i.e., the preparation of 1099s and W-2s) for Microsoft Dynamics GP 10.0

- Customizing accounting, travel, purchasing and payroll modules to accommodate changes in law or procedures, as needed (i.e., changes in general ledger segments, per diem rates and/or withholding tables)

- Ensuring that the existing customizations work properly when other system changes are made

C.4.2 TASK AREA 2: Upgrade of Microsoft Dynamics GP Software

The Contractor may be tasked with supporting the development and implementation of an upgrade from the Court’s current Microsoft Dynamics GP

10.0 software to the latest version of Microsoft Dynamics GP. The activities that the Contractor may be asked to perform in this Task Area include, but are not limited to:

- Providing the Court with written recommendations regarding the development and implementation of this upgrade

- Performing Microsoft Dynamics GP base test upgrade

- Upgrading custom modules

- Upgrading custom applications and integrations

- Upgrading modified reports/forms

- Upgrading Integration Manager integrations

- Documenting upgrade, including workstation installation instructions

- Performing Microsoft Dynamics GP production upgrade (on-site at

Court)

- Ensuring that the existing customizations work properly during upgrade

- Ensuring uninterrupted service during the transition from Microsoft

Dynamics GP 10.0 to the latest version of Microsoft Dynamics GP

- Providing necessary training on-site to the Court’s staff on the latest version of Microsoft Dynamics GP

C-3

C.4.3 TASK AREA 3: Implementation of a New Business Portal Application

The Contractor may be tasked with supporting the development and implementation of a new business portal application. The activities that the Contractor may be asked to perform in this Task Area include, but are not limited to:

- Providing the Court with written recommendations regarding a replacement for its existing business portal

- Overseeing and assisting with the installation and integration of the replacement

- Ensuring that the new business portal works properly with the latest version of Microsoft Dynamics GP

- Providing any necessary customizations

- Providing necessary training on-site to the Court’s staff

C.4.4 TASK AREA 4: Maintenance and Support for Upgraded Microsoft Dynamics GP Software and Associated Business Portal

The Contractor may be tasked with providing support services as requested in connection with the operation and maintenance of the Court’s upgraded Microsoft Dynamics GP software and associated business portal. Normal support hours of this contract are Monday through Friday, 8 a.m. to 4:30 p.m. EST. The activities that the Contractor may be asked to perform in this Task Area include, but are not limited to:

- Providing technical support and direct assistance as needed (i.e., the preparation of 1099s and W-2s) for the latest version of Microsoft Dynamics GP

- Customizing accounting, travel, purchasing and payroll modules to accommodate changes in law or procedures, as needed (i.e., changes in general ledger segments, per diem rates and withholding tables)

- Ensuring that the existing customizations work properly when other system changes are made

C-4

C.5 PLACE OF PERFORMANCE

The Tax Court may deem it necessary for one or more of the individuals providing services on behalf of the Contractor to be present at the Tax Courthouse at 400 2nd St. NW, Washington, D.C., on an as-needed basis (i.e., during installation of the upgrade and training on the new software). However, the Tax Court expects that most of the services under this contract can be provided from Contractor office(s).

To the extent that the Contractor is required to be present at the Tax Courthouse, the Contractor will be compensated for each trip in an amount based on the round-trip mileage from the Contractor’s place of business to the Tax Courthouse, at the mileage rates provided under the Federal Travel Regulations promulgated by the General Services Administration, up to a maximum of $500 per round-trip, and $5,000 each government fiscal year.

The Contractor will not be required to travel to any of the remote Tax Court offices, currently located in thirty-seven (37) cities around the United States, in connection with this contract.

C.6 TERM OF CONTRACT

This contract shall be for an initial term of 6 months, from April 1, 2015, until September 30, 2015. However, in accordance with Clause 2-90D, set forth in its entirety at Part II, Section I, infra, the Tax Court may by written notice(s) extend the term of this contract for a total period of performance of up to one (1) additional year, or until September 30, 2016. The Tax Court anticipates extending the term of this contract by a 12-month period corresponding to the government fiscal year, but is not required to do so.

C.7 PRE-OFFER CONFERENCE

The Tax Court will be conducting a pre-offer conference with respect to this solicitation. The pre-offer conference will be held at the Court’s main building, 400 Second Street, NW, Washington, DC 20217, on Thursday, February 26, 2014, at 10:00 a.m. EST. Attendance is not mandatory. The purpose of the conference is to provide additional information regarding this solicitation and to allow potential offerors an opportunity to ask questions. Offerors are cautioned that

C-5 statements made by the Court’s representatives at the conference are not binding on the Court and that official solicitation requirements will change only by written amendment issued by the Court.

C-6

SECTION D

PACKAGING AND MARKING

NOT APPLICABLE

D-1

SECTION E

INSPECTION AND ACCEPTANCE

CLAUSE INCORPORATED BY REFERENCE

Clause 2-5B Inspection of Services

E-1

SECTION F

PERFORMANCE

CLAUSE INCORPORATED BY REFERENCE

Clause 2-60 Stop-Work Order

F-1

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION OFFICE

This contract will be administered by (see Clause 7-1, Contract Administration):

Robert Di Trolio, Clerk of the Court United States Tax Court 400 Second Street, N.W.

Washington, D.C. 20217

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Representative (COR) for this contract is listed below.

See Clause 7-5, Contracting Officer’s Representative.

Scott Goodrick (COR) United States Tax Court 400 Second Street, N.W.

Washington, D.C. 20217

G.3 CONTRACTOR REPRESENTATIVE

Clause 7-10, Contractor Representative

(a) The contractor’s representative to be contacted for all contract administration matters is as follows (contractor complete the information):

Name: ___________________________________ Address: _________________________________ Telephone: _______________________________ E-mail: __________________________________ Fax: _____________________________________

(b) The contractor’s representative shall act as the central point of contact with the Tax Court, shall be responsible for all contract administration issues

G-1 relative to this contract, and shall have full authority to act for and legally bind the contractor on all such issues.

G.4 ADDITIONAL CLAUSES

Clause 6-20 Insurance – Work On or Within a Tax Court Facility

(a) The contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the following kinds and minimum amounts of insurance:

(1) Workman’s Compensation and Employee’s Liability Insurance

The contractor shall comply with applicable federal and state workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy.

Employer’s liability coverage of at least $100,000 per incident is required.

(2) Automobile Liability Insurance

The contractor shall have coverage at a minimum of $200,000 per person; $500,000 per occurrence for bodily injury; and $20,000 per occurrence for property damage.

(3) General Liability Insurance

The contractor shall have coverage at a minimum of $200,000 per person and $500,000 per occurrence for death or bodily injury and $20,000 per occurrence for property damage.

(4) Self-Insurance

If the contractor has been approved to provide a qualified program of self insurance, the contractor must submit any proposed changes to the program to the contracting officer for approval.

(b) Prior to beginning performance under this contract, the contractor shall provide the insurance carrier certification of the above minimum amounts.

G-2

(c) The maintenance of insurance coverage as required by this clause is a continuing obligation, and the lapse or termination of insurance coverage without replacement coverage being obtained will be grounds for termination for default.

(d) The certification evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Tax Court’s interest shall not be effective: (1) for such period as the laws of the state in which this contract is to be performed prescribe; or (2) until 30 days after the insurer or the contractor gives written notice to the contracting officer, whichever period is longer.

(e) The contractor shall insert the substance of this clause, including this paragraph (e), in subcontracts under this contract that require work in a Tax Court facility and shall require subcontractors to provide and maintain the required insurance. The contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the contracting officer upon request.

Clause 7-1 Contract Administration

Clause 7-5 Contracting Officer’s Representative

Clause 7-125 Invoices

G-3

SECTION H

SPECIAL CONTRACT REQUIREMENTS

CLAUSES INCORPORATED BY REFERENCE

Clause 1-1 Employment by the Government

Clause 7-45 Travel

Clause 7-55 Contractor Use of Tax Court Networks

H-1

PART II

SECTION I

ADDITIONAL CONTRACT CLAUSES

Clause B-5 Clauses Incorporated by Reference

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 address: http:/www.uscourts.gov/procurement.aspx.

Clause 1-5 Conflict of Interest

Clause 1-10 Gratuities or Gifts

Clause 1-15 Disclosure of Contractor Information to the Public

Clause 2-20A Incorporation of Warranty

Clause 2-20C Warranty of Services

(a) Definition. “Acceptance,” as used in this clause, means the act of an authorized representative of the Tax Court by which the Tax Court assumes for itself, or as an agent of another, approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Tax Court or any provision concerning the conclusiveness thereof, the contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The contracting officer will give written notice of any defect or nonconformance to the contractor within 10 days from the date of acceptance by the Tax Court. This notice will state either

(1) that the contractor shall correct or re-perform any defective or nonconforming services; or

I-1

(2) that the Tax Court does not require correction or re-performance.

(c) If the contractor is required to correct or re-perform, it shall be at no cost to the Tax Court, and any services corrected or re-performed by the contractor shall be subject to this clause to the same extent as work initially performed.

If the contractor fails or refuses to correct or re-perform, the contracting officer may, by contract or otherwise, correct or replace with similar services and charge to the contractor the cost occasioned to the Tax Court thereby, or make an equitable adjustment in the contract price.

(d) If the Tax Court does not require correction or re-performance, the contracting officer will make an equitable adjustment in the contract price.

Clause 2-50 Continuity of Services

Clause 2-55 Privacy or Security Safeguards

Clause 2-90C Option to Extend Services

The Court may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.

The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The contracting officer may exercise the option by written notice to the contractor no later than 30 calendar days prior to the contract’s current expiration date.

Clause 2-90D Option to Extend the Term of the Contract

(a) The Court may extend the term of this contract by written notice to the contractor no later than 30 calendar days prior to the contract’s current expiration date; provided that the Court gives the contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Court to an extension.

I-2

(b) If the Court exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 1 years and 7 months.

Clause 2-140 Tax Court IT Security Standards

Clause 3-25 Protecting the Tax Court’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Clause 3-35 Covenant Against Contingent Fees

Clause 3-40 Restrictions on Subcontractor Sales to the Tax Court

Clause 3-45 Anti-Kickback Procedures

Clause 3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

Clause 3-55 Price or Fee Adjustment for Illegal or Improper Activity

Clause 3-105 Audit and Records

Clause 3-120 Order of Precedence

Clause 3-140 Notice to the Tax Court of Labor Disputes

Clause 3-205 Protest After Award

Clause 4-5 Ordering

I-3

Clause 4-10 Order Limitations

(a) Minimum Order

When the Tax Court requires services covered by this contract and issues a task order for which the contractor would be compensated in an amount less than $100, the Tax Court is not obligated to purchase, nor is the contractor obligated to furnish, those services under this contract.

(b) Maximum Order

The maximum total of hourly services that may be ordered under this contract for any labor category during a government fiscal year may not exceed the annual ceilings set forth at Section B of this contract.

(c) Notwithstanding paragraph (b) of this section, the contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the contractor’s intent not to provide the services called for and the reasons. Upon receiving this notice, the Tax Court may acquire the services from another source.

Clause 4-25 Indefinite Quantity

Clause 4-30 Payment (Labor-Hour Contract)

Clause 7-15 Observance of Regulations/Standards of Conduct

Clause 7-20 Security Requirements

Clause 7-25 Indemnification

Clause 7-30 Public Use of the Name of the Tax Court

Clause 7-35 Disclosure or Use of Information

I-4

Clause 7-40 Tax Court-Contractor Relationships

Clause 7-65 Protection of Tax Court’s Buildings, Equipment, and Vegetation

Clause 7-75 Subcontracts

(a) Definitions. As used in this clause:

“Approved Purchasing System” means a contractor’s purchasing system that has been reviewed and approved in writing.

“Consent to Subcontract” means the contracting officer’s written consent for the contractor to enter into a particular subcontract.

“Subcontract” means any contract entered into by a subcontractor to furnish products or services for performance of the prime contract or a subcontract.

It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) This clause does not apply to subcontracts for special test equipment.

(c) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced purchase/delivery/task orders), and only if required in accordance with paragraph (d) or (e) of this clause.

(d) If the contractor does not have a written approved purchasing system, consent to subcontract is required for any subcontract that:

(1) is of the cost-reimbursement, time-and-materials, or labor-hour type;

or

(2) is fixed price and exceeds either the Tax Court’s small purchase threshold or five percent of the total estimated cost of the contract.

I-5

(e) If the contractor has a written approved purchasing system, the contractor nevertheless shall obtain the contracting officer’s written consent before placing the following contracts:

(f) (1) The contractor shall notify the contracting officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (c), (d), or (e) of this clause, including the following information:

(i) a description of the products or services to be subcontracted;

(ii) identification of the type of subcontract to be used;

(iii) identification of the proposed subcontractor;

(iv) the proposed subcontract price;

(v) the subcontractor’s detailed cost information, if required by other contract provisions;

(vi) a negotiation memorandum reflecting:

(A) the principal elements of the subcontract price negotiations;

(B) the most significant considerations controlling establishment of initial or revised prices;

(C) the reason detailed cost information was or was not required;

(D) the extent, if any, to which the contractor did not rely on the subcontractor’s detailed cost information in determining the price objective and in negotiating the final price;

(E) the extent to which it was recognized in the negotiation that the subcontractor’s detailed cost information was not accurate, complete, or current; the action taken by the contractor and the subcontractor; and the effect of any

I-6 such defective cost information on the total price negotiated;

(F) the reasons for any significant difference between the contractor’s price objective and the price negotiated; and

(G) a complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

(2) If the contractor has a written approved purchasing system and consent is not required under paragraph (c), (d), or (e) of this clause, the contractor nevertheless shall notify the contracting officer reasonably in advance of entering into any (i) cost-plus-fixed-fee subcontract, or (ii) fixed-price subcontract that exceeds either the small purchases threshold or five percent of the total estimated cost of this contract. The notification shall include the information required by paragraphs (f)(1)(i) through (f)(1)(iv) of this clause.

(g) Unless the consent or approval specifically provides otherwise, neither consent by the contracting officer to any subcontract nor approval of the contractor’s purchasing system will constitute a determination:

(1) of the acceptability of any subcontract terms or conditions;

(2) of the allowability of any cost under this contract; or

(3) to relieve the contractor of any responsibility for performing this contract.

(h) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, or any fee payable under cost-reimbursement type subcontracts will not exceed the fee limitations.

(i) The contractor shall give the contracting officer immediate written notice of any action or suit filed and prompt notice of any claim made against the contractor by any subcontractor or vendor that, in the opinion of the

I-7 contractor, may result in litigation related in any way to this contract, with respect to which the contractor may be entitled to reimbursement from the Tax Court.

(j) The Tax Court reserves the right to review the contractor’s purchasing system.

Clause 7-85 Examination of Records

Clause 7-100B Limitation of Liability (Services)

Clause 7-110 Bankruptcy

Clause 7-130 Interest (Prompt Payment)

Clause 7-135 Payments

Clause 7-140 Discounts for Prompt Payment

Clause 7-175 Assignment of Claims

Clause 7-185, Alt. II Changes

Clause 7-195 Excusable Delays

Clause 7-205 Payment for Tax Court Holidays

Clause 7-210 Payment for Emergency Closures

Clause 7-215 Notification of Ownership Changes

Clause 7-225, Alt. I Termination (Cost-Reimbursement)

Clause 7-235 Disputes

I-8

PART III

SECTION J

LIST OF ATTACHMENTS

Attachment A - List of GP Modules, Modules Created by Third Parties, Modules Created Specifically for the Court, Applications and Integrations Created Specifically for the Court, Modifications to Standard Reports and Forms, Custom SRS Reports, and Integrations Related to Integration Manager currently utilized by the Court.

J-1

Attachment A

Microsoft Dynamics GP 10.0

1.1 Current Software

The version of Microsoft Dynamics GP currently utilized by the Court is GP 10 Build 1868. This is Microsoft Dynamics GP 10 with Service Pack 5 and Tax Update KB 2769063 installed.

1.2 Microsoft Dynamics GP Modules

Module No. Description

309 Fixed Assets

414 Human Resources

1911 HRM Solutions

3107 Extender (Now eOne)

3830 Smart List Builder (Now eOne)

4522 Payroll Integration in to Payables

4933 Certification Manager

4955 Employee Health and Wellness

4966 Audit Trails

1838 Professional Service Tools Library

-- Menus for Visual Studio

-- Retail Management Suite

J-2

1.3 Modules Created by Third Parties

Vendor Module Name Product ID

GreenShades GreenShades Center – eOne Smartlist Builder 3830 eOne Extender 3107

Merit Solutions Audit Trails 4966

1.4 Modules Created Specifically for the Court

Vendor Module Name Build

Arctic Information Technology

AIT Federal Custom 10.1b104

Arctic Information Technology

USTC Customization 10.0b200

1.5 Applications and Integrations Created Specifically for the Court

Vendor Application/Utility Uses

Arctic Information Technology

CPDF Used for when Special Trial Judges have pay or life insurance changes

* Only one feature is being used.

Arctic Information Technology

Data Exporter Used to export data to text files (CLER Annuitants, NDNH, QWD, VIP and FSA) for all payrolls

J-3

Arctic Information Technology

Travel Voucher Per Diem Rates Travel Voucher for Judges Travel Vouchers for Clerks

Extends Dynamics GP Purchasing/Payment cycle to meet the fund accounting needs Travel http://acctng2:83 Travel Judges http://acctng2:84

Arctic Information Technology

PAM Export SSIS Package

Arctic Information Technology

GTAS (GP Add Inn) AIT Encrypt DLL

Encrypt/decrypt strings that would be stored in plain text (for example in an app.config file). Used by GTAS GP AddInn

1.6 Modifications to Standard Reports and Forms

• Account Rollup Detail Inquiry

• Check Statement

• Direct Deposit Statement of

Earnings

• Direct Deposit Trxs Register

• Employee List By Benefit

• Employee List By Deduction

• General Posting Edit List

• Laser Mailing Labels Two Up

• POP Document Inquiry Report

• POP Purchase Order Blank

Form

• POP Purchase Order Shipment

Date Analysis by Item

• POP Receivings Posting

Journal

• POP Import Journal Report

• Transaction History Report

• UPR Check Inquiry Report

• Year End 1099R Dot Matrix

Form

• Year End 1099R Laser Form

• UPR_Build_Check_File

• frmInsUpdate

• Microsoft ActiveX Data

Objects 2.8 Library

• Module1

• HRP_BEN2_Life_Signup

• Microsoft ActiveX Data

Objects 2.8 Library

J-4

1.7 Custom Software Requirements Specification (SRS) Reports

Path Report Name

Accounting Report GTAS Export

Payroll Reports Benefit – Deduction Reconcile by Employees

Benefit – Deduction Reconcile by Error

Benefit – Deduction Reconcile by Payroll Code

FEDTAX II 941-945

FEDTAX II Exception

Payroll Analysis by Batch

Payroll Analysis by Employee

Payroll Comparisons

Post-Calc Payroll Errors

Pre-Build Payroll Errors-New

Purchasing 4801 Reconcile

Expenditure by OCC

Expenditure by PO

Travel Expense Judge Expenses

Schedule Of Judges Expenses

Schedule Of Expenses

Report Masters FEDTAXII 941-945 Alternate

FEDTAXII-941 945

FEDTAXII EXCEPTION

FEDTAXII EXCEPTION Alternate

Pre-Build Payroll Errors-New

Schedule Of Judges Expenses

J-5

1.8 Integrations Related to Integration Manager

• 2005 Connections

• 20050930 form 2108

• 2006 Corrections

• 2006-09-30 form 2108

• 4610 Accounts

• Backout Payroll

• GL Accounts 4801

• JE for 4610

• JE for 4801

• Payroll Bonus Import

• Payroll Fix 2006

• USTC Fixed Allocation

• USTC Manual Checks

• USTC Travel Expense

• Vendor Purchase Accounts

• YE Adj Payroll

J-6

PART IV

SECTION K

REPRESENTATIONS, CERTIFICATIONS

AND OTHER STATEMENTS OF OFFEROR

The provisions listed in this section include blocks that must be completed by the offeror and submitted with its offer.

Provision 3-5 Taxpayer Identification and Other Offeror Information

(a) Definition.

“Taxpayer Identification (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a social security number or an employer identification number.

(b) All offerors shall submit the information required in paragraphs (d) and (e) of this provision to comply with debt collection requirements of 31 U.S.C.

§§ 7701(c) and 3325(d), reporting requirements of 26 U.S.C. §§ 6041, 6041A, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the government (31 U.S.C. § 7701(c)(3)). If the resulting contract is subject to payment recording requirements, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(d) Taxpayer Identification Number (TIN): _________________________ [] TIN has been applied for.

[] TIN is not required, because:

[] Offeror is a nonresident alien, foreign corporation or foreign partnership that does not have income effectively connected with the

K-1 conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[] Offeror is an agency or instrumentality of a foreign government;

[] Offeror is an agency or instrumentality of the federal government.

(e) Type of Organization:

[] sole proprietorship;

[] partnership;

[] corporate entity (not tax-exempt);

[] corporate entity (tax-exempt);

[] government entity (federal, state or local);

[] foreign government;

[] international organization per 26 CFR

1.6049-4;

[] other

(f) Contractor representations.

The offeror represents as part of its offer that it is [___], is not [___] 51% owned and the management and daily operations are controlled by one or more members of the selected socio-economic group(s) below:

[] Women Owned Business [] Minority Owned Business (if selected then one sub-type is required) [] Black American Owned [] Hispanic American Owned [] Native American Owned (American Indians, Eskimos, Aleuts, or Native Hawaiians) [] Asian-Pacific American Owned (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana

K-2

Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru) [] Subcontinent Asian (Asian-Indian) American Owned (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal) [] Individual/concern, other than one of the preceding.

Provision 3-15 Place of Performance

Provision 3-20 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters

(a) (1) The offeror certifies, to the best of its knowledge and belief, that:

(i) the offeror and/or any of its principals:

(A) are ___ are not ___ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency;

(B) have ___ have not ___, within the three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating federal criminal tax laws, or receiving stolen property;

(C) are ___ are not ___ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

K-3

(D) have ___, have not ___, within a three-year period preceding this offer, been notified of any delinquent federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS

K-4 determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection.

The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362.

(ii) The offeror ____ has ____ has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any federal agency.

(2) “Principal,” for the purposes of this certification, 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).

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. Sec. 1001.

(b) The offeror shall provide immediate written notice to the contracting officer if, at any time prior to contract award, the offeror learns that its certification

K-5 was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation.

However, the certification will be considered in connection with a determination of the offeror’s responsibility. Failure of the offeror to furnish a certification or provide such additional information as requested by the contracting officer may render the offeror nonresponsible.

(d) Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award.

If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Tax Court, the contracting officer may terminate the contract resulting from this solicitation for default.

Provision 3-30 Certificate of Independent Price Determination

(a) The offeror certifies that:

(1) the prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement, with any other offeror or with any competitor relating to:

(A) those prices;

(B) the intention to submit an offer; or

(C) the methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or contract award unless otherwise required by law; and

K-6

(3) no attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory –

(1) is the person in the offeror’s organization responsible for determining the prices in this offer, and that the signatory has not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2) (i) has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ________________________ (insert full name of person(s) in the offeror’s organization responsible for determining the prices in this offer, and the title of his or her position in the offeror’s organization);

(ii) as an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision; have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) as an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror shall furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

K-7

Provision 3-130 Authorized Negotiators

The offeror represents that the allowing persons are authorized to negotiate on its behalf with the Tax Court in connection with this solicitation (offeror lists names, titles, and telephone numbers of the authorized negotiators).

Name: __________________________________________ Title: _________________________ Telephone: ____________________ Fax: _________________________ Email: ________________________

K-8

SECTION L

INSTRUCTIONS, CONDITIONS, NOTICES TO OFFERORS

L.1. TYPE OF CONTRACT

The Tax Court plans to award a labor-hour type of contract under this solicitation, and all offers shall be submitted on this basis. Alternate offers based on other contract types will not be considered.

L.2 OFFERS

(A) All offers must clearly and convincingly demonstrate that the offeror has a thorough understanding of all of the requirements as outlined in Part I, Section C, and is able, willing, and competent to devote the resources necessary to meet or exceed the specified requirements.

(B) Offers must be received by the U.S. Tax Court on or before 5:00 p.m. EST on March 13, 2015. Offers may be sent via electronic mail to procurement@ustaxcourt.gov. Offers may also be mailed to the Office of Information Systems, U.S. Tax Court, 400 2nd Street NW, Washington DC 20217.

Mail sent through the United States Postal Service to Federal buildings may be delayed due to special screening procedures.

(C) Technical Proposal Instruction

The offer should specifically demonstrate the extent to which the individuals that the offeror plans to use to provide the services under this contract have experience and knowledge regarding:

1. Microsoft Dynamics GP

2. Microsoft SQL Server 2012-2014

3. Dynamics GP Federal Account Module

4. Dynamics GP Judges Payroll Module

5. Federal Accounting Standards (OMB)

6. Federal Acquisition Regulations (FAR)

7. Microsoft SharePoint

8. Microsoft Office

L-1 mailto:procurement@ustaxcourt.gov.

Offers may include no more than six (6) past performance descriptions and references with respect to projects undertaken within the past three (3) years that are similar in scope, size, and complexity to the work described herein. Offers may also include resumes of key personnel and/or individuals who will provide the services requested.

(D) Price Proposal Instruction

(1) The offeror must specify fixed hourly rates in its offer that include wages, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by –

(a) The offeror;

(b) Subcontractors; and/or

(c) Divisions, subsidiaries, or affiliates of the offeror under a common control;

(2) The offeror must establish fixed hourly rates using –

(a) Separate rates for each category of labor to be performed by each subcontractor and for each category of labor to be performed by the offeror, and for each category of labor to be transferred between divisions, subsidiaries, or affiliates of the offeror under a common control;

(b) Blended rates for each category of labor to be performed by the offeror, including labor transferred between divisions, subsidiaries, or affiliates of the offeror under a common control, and all subcontractors; or

(c) Any combination of separate and blended rates for each category of labor to be performed by the offeror, affiliates of the offeror under a common control, and subcontractors.

L-2

(E) Modification, Revisions, and Withdrawal of Offers

(1) Offers may be withdrawn by written notice received at any time before award.

(2) Offerors may submit modifications to their offers at any time before the…