Tax_Court_Network_Services_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

B.1 INTRODUCTION

The United States Tax Court (sometimes hereinafter referred to as “the Tax Court” or “the Court”) seeks information technology (IT) enterprise support services on a firm fixed-fee basis, and IT professional services on a labor-hour basis. The enterprise support services are described in more detail in Section C.3 below. The professional services include special projects relating to the Court’s IT networks, as described in more detail in Section C.5 below.

With respect to enterprise support services, offerors should propose amounts for fixed monthly charges for each of the government fiscal years 2015 through 2019. With respect to professional services, offerors may propose hourly rates, for each of the government fiscal years 2015 through 2019, for each labor category set forth in section B.3 through B.8 to be used in performing professional services. Offerors also may also propose additional labor categories in the form set forth in section B.9.

The Court will pay for travel in amounts authorized by this contract. As provided below, travel is reimbursable to the extent authorized by the Court and in amounts determined under Federal Travel Regulations promulgated by the United States General Services Administration (GSA).

Award will be made on the evaluation factors set forth in Section M. The period of performance will be for an initial term of 4 months, from May 30, 2015, through September 30, 2015. The Court will have options to extend the term of the contract for periods ending September 30, 2019. The Court utilizes Volume 14, titled “Procurement”, of the Guide to Judiciary Policy for all procurement matters.

B-1

B.2 ENTERPRISE SUPPORT

FIRST YEAR

(2015)

Per Month

OPTION I

(15/16)

Per Month

OPTION II

(16/17)

Per Month

OPTION III

(17/18)

Per Month

OPTION IV

(18/19)

Per Month

PROFESSIONAL SERVICES

B.3 SENIOR ENTERPRISE/NETWORK ANALYST:

Functional responsibilities:

FIRST

YEAR

(2015)

OPTION I

(15/16)

OPTION II

(16/17)

OPTION

III

(17/18)

OPTION

IV

(18/19)

RATE $

B.4 DATABASE ANALYST/ADMINISTRATOR:

Functional responsibilities:

FIRST

YEAR

(2015)

OPTION I

(15/16)

OPTION II

(16/17)

OPTION

III

(17/18)

OPTION

IV

(18/19)

RATE $

B-2

B.5 SYSTEMS ENGINEER:

Functional responsibilities:

FIRST

YEAR

(2015)

OPTION I

(15/16)

OPTION II

(16/17)

OPTION

III

(17/18)

OPTION

IV

(18/19)

RATE $

B.6 NETWORK SECURITY PROFESSIONAL:

Functional responsibilities:

FIRST

YEAR

(2015)

OPTION I

(15/16)

OPTION II

(16/17)

OPTION

III

(17/18)

OPTION

IV

(18/19)

RATE $

B.7 NETWORK PROFESSIONAL:

Functional responsibilities:

FIRST

YEAR

(2015)

OPTION I

(15/16)

OPTION II

(16/17)

OPTION

III

(17/18)

OPTION

IV

(18/19)

RATE $

B-3

B.8 SYSTEMS MANAGER

Functional responsibilities:

FIRST

YEAR

(2015)

OPTION I

(15/16)

OPTION II

(16/17)

OPTION

III

(17/18)

OPTION

IV

(18/19)

RATE $

B.9 OTHER LABOR CATEGORY/IES (IF ANY):

Functional responsibilities:

FIRST

YEAR

(2015)

OPTION I

(15/16)

OPTION II

(16/17)

OPTION

III

(17/18)

OPTION

IV

(18/19)

RATE $

TRAVEL

B.10 TRAVEL

FIRST

YEAR

(2015)

OPTION I

(15/16)

OPTION II

(16/17)

OPTION

III

(17/18)

OPTION

IV

(18/19)

B-4

SECTION C

WORK STATEMENT

C.1 BACKGROUND

Congress established the United States Tax Court to provide a court in which tax deficiencies determined by the Commissioner of Internal Revenue could be litigated without first being paid. The Tax Court is a national court composed of 19 Judges who are appointed by the President, with the advice and approval of the Senate, to serve a 15-year term. Judges, Senior Judges eligible who are serving on recall, and Special Trial Judges conduct trial sessions in 74 cities throughout the United States. The judges and support staff are headquartered in Washington, D.C.

The Court maintains a Data Network which supports approximately 250 computer users. It was first implemented in the early 1990s as a way to provide the Court's Judges and employees access to Blackstone, the Court’s highly customized case and document management system. At the time, the network also provided users with access to email and the ability to share printers and documents within a Judge’s chambers or a Court office.

The Court’s Data Network infrastructure, security, servers, software, services and other components have been improved, enhanced, and updated over the years as technology has evolved and to meet the needs of the Court, the parties, and the public.

The Data Network consists of the switches, routers, workstations, servers, storage area networks, and software applications that are listed in Part III, Section J, Attachments A and B. The Data Network also includes Internet connections, email, and a disaster recovery (DR) site in Hagerstown, Maryland, that is nearly complete. The Data Network provides access to Blackstone, the Court’s highly customized case and document management system.

The Data Network currently operates in a Windows network environment, consisting of Windows servers, HP SANs (Production and DR) and various appliances and workstations providing specialized functions. The environment

C-1 supports many applications, including Blackstone and its related applications, Microsoft Dynamics GP (Great Plains,) and several smaller, custom-built and off-the-shelf applications. Microsoft Dynamics GP is supported by another IT vendor. The Tax Court uses WordPerfect as its primary word-processing application.

The Court’s Data Network also includes two Web Servers which provide information to the public via the Internet. Some information on the Court’s website is accessible to the general public, while other information is accessible only to practitioners admitted to practice before the Court and to qualified petitioners via the Court's eAccess system and over a secure SSL connection.

The Court provides a networked desktop and/or a notebook/tablet computer to enable the judges and several Tax Court employees to work remotely. The Court's mobile users connect to their desktop computers over the Internet.

The Court has manufacturer support contracts in place for all of the hardware devices listed in Appendix A and Appendix B and expects to continue those contracts.

The uninterrupted operation of Blackstone, its related applications and all other systems utilized by the Court is critical to the success of the Court’s mission to secure the just, speedy, and inexpensive determination of every case.

In order to provide reliable, error-free operation of its enterprise, the Court utilizes a multitude of products (see Section J, Appendix A and Appendix B) and requires the following on-going services:

Support and Maintenance:

All the products comprising the United States Tax Court enterprise require constant maintenance as the various vendors release patches, updates, security fixes, etc.

Problem Identification:

Whenever a problem is reported by the Court’s Office of Information

C-2

Systems (OIS) to the contractor, the cause of the problem must be promptly identified and fixed, regardless of which of the numerous products utilized by the Court is at fault.

Security and Integrity:

The Court deals with confidential, personal and sensitive information;

therefore, the security of the enterprise is of prime importance. In addition, measures must be taken to prevent Tax Court users from being victimized by Web sites to which they browse or from which they download information.

Performance:

The Court is accustomed to enterprise “uptime” of 99.9%. When a perceptible degradation occurs, it must be promptly identified and remedied.

C.2 SCOPE OF THE CONTRACT

The contractor shall provide the following information technology support services in consideration of the payment schedules listed in Section B:

Enterprise Support

The enterprise support component of this solicitation will be awarded on a fixed-price basis. The contractor shall provide the enterprise support services described in this section in consideration of the payment schedules listed in Section B.2.

Professional Services

The professional services component of this solicitation will be awarded on a labor-hour basis. The contractor shall provide the professional services described in this section in consideration of the hourly rates for the various skill categories listed in Sections B.3 through B.9. For the information of prospective bidders, the Tax Court paid the following amounts for professional services under the current contract for professional services

C-3 during the prior 5 years: FY 2014: $313,381; FY 2013: $218,942;

FY 2012: $271,000; FY 2011: $233,520; and FY 2010: $350,150.

C.3 ENTERPRISE SUPPORT

The contractor shall provide the Tax Court with comprehensive enterprise support to include network, server, desktop, security and other IT support, maintenance, management and monitoring as outlined below. As of February 23, 2015, the Court’s Data Network consisted of the products and procedures listed in Section J, Appendix A and Appendix B. In order to efficiently and effectively accomplish enterprise support on behalf of the Tax Court, in-depth knowledge, understanding and experience with all of the applications and devices listed in Section J, Appendix A and Appendix B is REQUIRED.

Support Hours:

• Normal support hours are 8:00 a.m. - 8:00 p.m. Eastern time, Monday through Saturday. Any work done in response to a request for support beyond 8:00 a.m. - 8:00 p.m. Monday - Saturday (including Sundays and Federal holidays) will be handled on a Labor/Hour basis and fall under Professional Services in Section C.5.

• Four (4) hour response time. Corrective action must be initiated during the hours of support within four hours of receiving a request for support from the Court’s Office of Information Systems (OIS). Once begun, work must continue during the hours of support until completion. Requests are submitted by OIS to the contractor via e-mail or FAX. The contractor shall report to OIS any service requests made other than by OIS.

Network, Server and Security Maintenance, Provisioning, Management and Monitoring:

• Maintain as a goal 99.9% enterprise uptime.

• Maintain, manage and monitor network and server performance both on-site and remotely and coordinate service when appropriate.

C-4

• Maintain, manage and monitor all data network switches, routers, firewalls, intrusion prevention systems and other networking equipment and software.

• Maintain, manage and monitor all data network server hardware and software, including operating system, antivirus, security, backup and replication, and other utilities.

• Maintain, manage and monitor SAN hardware and software and Fiber channel switches.

• Maintain an inventory of network system hardware, including peripherals, and system software.

• Monitor communications lines (T1s and DS3s) to ensure acceptable and uninterrupted level of service. Inform OIS of any problems and work with the appropriate vendors to resolve issues.

• Monitor performance of networked personal computers and peripherals and report maintenance requests to OIS.

• Provide, manage and maintain the highest possible degree of network, data and computer security. See also Section L, “Additional Description of Technical Proposal.”

• Provide, manage, maintain and secure remote access to authorized Court users.

• Provide network activity reports as requested by the Court.

• Provide on-site backup of system software and data (including email) on all days that the Court is open that does not interfere with normal working hours (6:00 a.m. - 6:00 p.m.).

• Coordinate routine system maintenance and/or other enterprise software or hardware changes to occur after 6:00 p.m. and before 6:00 a.m. on weekdays or on weekends or Federal holidays to minimize disruptions in system accessibility. OIS must be informed of planned maintenance so that

C-5 advanced notification can be sent to the Court’s network users.

• Work hand-in-hand with the Court’s other IT contractors and application software providers to accomplish the following:

• Ensure a complete understanding of the interoperation between application software products and services and the Court’s data network.

• Coordinate installation of new application software, new modules to existing applications or updates/fixes as required.

• Properly test all hardware changes, firmware/software patches, etc., and consult with other Court IT contractors before implementation to be sure all applications will function properly once change is applied.

• Provide Network support services for the Tax Court’s disaster recovery site in Hagerstown, Maryland.

Systems Administration, Desktop, Mobile and other IT Support:

• Perform daily systems administration and operational duties such as adding/removing Court users from the network and retrieving deleted files for users as requested by OIS. The Tax Court may deem it necessary for the Contractor to provide on-site manager/operations type personnel on a regular basis at the Tax Courthouse at 400 2nd St. NW, Washington, D.C.

• Provide user support such as distribution of system reports or troubleshooting user problems as requested by the Court. The Tax Court may deem it necessary for the contractor to provide on-site manager/operations type personnel on a regular basis at the Tax Courthouse at 400 2nd St. NW, Washington, D.C.

• Provide assistance to OIS in the support of desktop and mobile hardware, software and peripherals to include problem determination when issues are encountered; desktop and notebook master creation and deployment procedures; notebook and other mobile device encryption, security, and

C-6 installation procedures; and ghosting/cloning procedures.

• Network administration services may also include capacity monitoring, such as:

- installing a capacity planning tool to monitor component utilization.

- consulting with Tax Court OIS personnel regarding resources that may be needed to meet performance metrics (e.g. CPU BUSY percentage growth and DISK UTILIZATION percentage).

C.4 AREAS OF EXPERTISE REQUIRED (certifications and/or documented experience):

• Network Professional (CCNP type) - for networking problem resolution, configuration and management.

• Security Professional (CCSP type) - for firewall, IPS, ISA server, server security and Web filtering (Websense).

• Systems Engineer (Windows) (MCSE type) - for Windows, Active Directory, IIS, Desktop Authority, Desktop Authority Password Self Service

(DAPSS).

• Technology Specialist (MCTS type) - for Exchange, MailFoundry Appliances, mobile devices, Outlook, Aladdin/Utimaco/Sophos tokens (notebook/PDA security), Symantec AntiVirus, Backup Exec, Doubletake and all other products utilized by the Court.

• SQL Server Database Analyst/Administrator (MCDBA type) - for SQL database management.

• Systems Administrator (MCSA type) - for general network administration duties.

• Senior Enterprise/Network Analyst (MCA type) - for overall network, server, and application analysis and design.

• Documented relevant IT support contracting experience.

C-7

C.5 PROFESSIONAL SERVICES

The offeror shall provide the Tax Court with the following professional services on a labor-hour basis:

• Perform on-site or remote activities that fall beyond the scope of the duties covered under fixed-price monthly support as requested and/or approved by

OIS.

• Perform necessary research and analysis to provide recommendations for upgrades or enhancements to the network, hardware and software systems, security, or for any other reason as requested by the Court.

• Install and configure switches, routers, firewalls, intrusion prevention systems, servers, SANs, and other networking equipment and software as required.

• Provisioning network resources

• Perform system disaster recovery plan tasks in coordination with OIS and the Court’s Continuity of Operation Plan/Disaster Recovery (COOP/DR) plan.

C.6 TRAVEL

The Court will reimburse for travel expenses incident to performance of these contract provisions at the Tax Court headquarters to the extent they are proper and consistent with travel expenses allowed to federal employees. These include transportation, lodging, meals, and incidental expenses, as required.

Reimbursement for transportation is limited to the cost of coach-class travel, whether by air, train, or other means. If travel by privately-owned automobile is determined to be more advantageous to the Government, the contractor shall be reimbursed at the current rate per mile, plus parking fees, ferry fares, bridge, road and tunnel tolls. Costs incurred for lodging, meals, and incidental expenses shall be considered to be reasonable and allowable to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set

C-8 forth in the Federal Travel Regulations promulgated by GSA. See also Clause 7- 45.

The Contractor will not be required to travel to any of the remote Tax Court offices, currently in thirty seven (37) cities. The Contractor may be required to travel to the DR site in Hagerstown, Maryland.

C.7 EXPECTED TERM OF CONTRACT

This contract shall be for an initial term of 4 months, from May 30, 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 four (4) additional years, or until September 30, 2019. The Tax Court anticipates extending the term of this contract by 12-month periods corresponding to the government fiscal year, but is not required to do so. In addition, in accordance with Clause 2-90C, set forth in its entirety at Part II, Section I, infra, the Tax Court may by written notice(s) extend the term of any of the specific services to be provided under this contract for a total period not to exceed six (6) months beyond September 30, 2019.

Initial Term: May 30, 2015 to September 30, 2015 First Option: October 1, 2015 to September 30, 2016 Second Option: October 1, 2016 to September 30, 2017 Third Option: October 1, 2017 to September 30, 2018 Fourth Option: October 1, 2018, to September 30, 2019

C-9

SECTION D

PACKAGING AND MARKING

NOT APPLICABLE

D-1

SECTION E

INSPECTION AND ACCEPTANCE

Clause 2-5B Inspection of Services

(a) The contractor shall provide and maintain an inspection system acceptable to the Tax Court covering the performance of services under this contract.

Complete records of all work performed by the contractor shall be maintained and made available to the Tax Court during contract performance and for at least three years after acceptance.

(b) The Tax Court has the right to inspect and test all services provided under this contract, to the extent practicable, at all times and places during the term of the contract. The Tax Court will perform inspections and tests in a manner that will not unduly delay the work.

(c) If any of the services do not conform with contract requirements, the Tax Court may require the contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Tax Court may require The contractor to take necessary action to ensure that future performance conforms to contract requirements.

(d) If the contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Tax Court may terminate the contract for default.

E-1

SECTION F

DELIVERIES AND PERFORMANCE

F.1 ADDITIONAL CLAUSES

Clause 2-60 Stop-Work Order.

(a) The Chief Judge or his delegate may, at any time, by written order to the contractor, require the contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the contractor, and for any further period to which the parties may agree. The order will be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work order is delivered to The contractor, or within any extension of that period to which the parties shall have agreed, the Chief Judge or his delegate will either:

(1) cancel the stop-work order; or

(2) terminate the work covered by the order as provided in the default, or the Termination for Convenience clause of this contract.

(b) If notified by the Court in writing, the contractor shall resume work. The contracting officer will make an equitable adjustment in the delivery schedule or contract price, or both, and the contract will be modified, in writing, accordingly, if:

(1) the stop-work order results in an increase in the time required for, or in the contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the

F-1 contracting officer decides the facts justify the action, the contracting officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Tax Court, the contracting officer will allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the contracting officer will allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

F-2

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION OFFICE

This contract will be administered by:

Robert Di Trolio, Clerk of the Court United States Tax Court 400 Second Street, N.W., Room 111 Washington, DC 20217-0002

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer's Representative (COR) for this contract is:

Scott Goodrick (COR) United States Tax Court

400 Second Street, N.W., Room G-47 Washington, D.C. 20217-0002

G.3 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

G-1 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) 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.

Clause 7-1 Contract Administration

(a) Unless provided otherwise by the Chief Judge, the contracting officer and contracting officer's technical representative for the contract will be the Court's primary points of contact during the performance of the contract.

The contracting officer responsible for the administration of this contract will provide a cover letter providing the contracting officer's name, business address, e-mail address, and telephone number. Written communications from the contractor shall make reference to the contract number and shall be mailed to the address provided in the cover letter. Communications

G-2 pertaining to contract administration matters will be addressed to the contracting officer.

(b) Notwithstanding the contractor's responsibility for total management during the performance of this contract (unless provided otherwise by the Chief Judge), the administration of this contract will require the maximum coordination between the Court and the contractor. All contract administration will be effected by the contracting officer except as may be re-delegated. Unless provided otherwise by the Chief Judge, in no event will any understanding or agreement, contract modification, change order, or other matter in deviation from the terms of this contract between the contractor and a person other than the contracting officer be effective or binding upon the Court. All such actions shall be formalized by a proper contractual document executed by the contracting officer.

Clause 7-5 Contracting Officer’s Representative.

(a) Upon award, the COR will be responsible for coordinating the technical aspects of this contract and inspecting products/services furnished hereunder; however, the COR will not be authorized to change any terms and conditions of the resultant contract, including price.

(b) The COR, if appointed, may be assigned one or more of the following responsibilities:

(1) monitoring the contractor's performance under the contract to ensure compliance with technical requirements of the contract;

(2) notifying the contracting officer immediately if performance is not proceeding satisfactorily;

(3) ensuring that changes in work under the contract are not initiated before written authorization or modification is issued by the contracting officer;

(4) providing the contracting officer a written request and justification for changes;

(5) providing interpretations relative to the meaning of technical specifications and technical advice relative to contracting officer's written approvals, and

G-3

(6) providing general technical guidance to the contractor within the scope of the contract and without constituting a change to the contract.

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:

Email:

Fax:

(b) The contractor's representative shall act as the central point of contact with the Court, shall be responsible for all contract administration issues relative to this contract, and shall have full authority to act for and legally bind the contractor on all such issues.

Clause 7-125 Invoices

(a) Invoices shall be submitted to the address (physical or e-mail) specified in this contract and in accordance with any schedule for payments set forth elsewhere under this contract.

(b) The office of the Court that will make payments due under this contract will be designated in the contract at the time of contract award.

(c) The billing document shall include the following information and/or attached documentation:

(1) name of contractor and the contractor’s Taxpayer Identification Number;

(2) period(s) covered by the invoice and invoice date;

G-4

(3) purchase order or contract number or other authorization for delivery of property or services, e.g., delivery/task order number for orders under indefinite delivery contracts;

(4) Invoices for professional services under this contract shall include the following:

(i) the total number of hours worked by personnel in each labor category;

(ii) major categories of services performed (e.g., 3-4 major categories of services); and

(iii) a detailed list of tasks performed relating to each major category provided pursuant to clause (ii).

(iv) the total amount of charges for each major category provided pursuant to clause (ii).

(5) total amount billed;

(6) the amount due (if any) or credit balance;

(7) all follow-up invoices shall be marked “Duplicate of Original.”

Contractor questions regarding payment information or check identification shall be directed to the relevant paying authority specified in the contract.

G-5

SECTION H

SPECIAL CONTRACT REQUIREMENTS

Clause 1-1 Employment by the Government.

(a) The contractor covenants that throughout the term of this contract no contractor employee who performs services under this contract will be an officer or employee of the government of the United States.

(b) The contractor covenants that throughout the term of this contract no partner, principal, officer, stockholder, or other person having a financial interest in the contractor or the ability to control the contractor, directly or indirectly, will be or become an officer or employee of the government of the United States. The status of a stockholder as an officer or employee of the government of the United States will not constitute a violation of this subsection if the stock of the contractor is traded publicly over the counter or on a regional or national stock exchange, or if the stock interest held is a de minimi one that would not impair the employee’s ability to act impartially and in the best interest of the Government.

(c) For purposes of subsection (b), a business or partnership interest or stock owned by a spouse, child, or parent of an officer or employee of the government of the United States shall be deemed to be owned by such officer or employee.

(d) The violation of any subsection of this section will constitute a material breach for which the Tax Court may seek any and all remedies under the contract, including termination.

Clause 7-45 Travel

The contractor may propose travel costs if travel is required for performance of the contract and is an authorized reimbursable expense under the contract. The extent of reimbursement for incurred travel costs will be subject to the limitations applicable to Tax Court employees. See also Section C-6.

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Clause 7-55 Contractor Use of Court’s Networks

Whenever authorized to use Tax Court networks, the contractor, subcontractor, teaming partner, and all employees (hereinafter referred to as “entities”), shall not perform or participate, directly or indirectly, in any of the following, except to the extent necessary to fulfill the contractor’s obligations under the contract:

(a) accessing internet sites which may be inappropriate or reflect poorly on the Tax Court: Unless accessing internet sites is case-related, entities shall refrain from creating, downloading, viewing, storing, copying, and transmitting sexually-explicit or sexually-oriented materials which are never appropriate and may be illegal in some cases. Internet sites capture the domain name of all sites accessing them and maintain a record of this information. It could be embarrassing to the Tax Court if the Tax Court’s domain name were found on the access records of inappropriate sites;

(b) logging onto video or audio sites, such as broadcast services or radio stations and downloading music files. This consumes significant disk space on local computers and may be a violation of copyright law.

Each of the several thousand video clips downloaded daily can be equal to downloading a 400-page memorandum;

(c) using Tax Court systems to send or receive e-mails containing greeting cards, political statements, jokes, pictures, chain letters or other unauthorized mass mailings, regardless of the subject matter, and other items of a personal nature;

(d) sending large attachments unless required for official business.

Video, sound, or other large file attachments consume large amounts of network capacity. E-mail attachments, large files, and executable programs present two problems. First, large attachments consume network capacity and storage space on both national and local e-mail servers and desktops, slowing the network down for everyone.

Second, executable programs present a risk for infection by computer viruses;

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(e) participating in chat rooms or using “instant messaging” software;

(f) checking personal e-mail accounts over the Tax Court’s network;

(g) using the network connection for personal commercial purposes, private gain, or illegal activities. Unless use is required for official Tax Court and contract- related business, all entities shall refrain from using the network connection for commercial purposes (including shopping). It is also inappropriate to use the network connection in support of outside employment activities (including consulting for pay, sales or administration of business transactions, and sales of products or services) or for illegal activities (such as gambling or hacking);

(h) using the e-mail or the network connection for offensive activities. It is inappropriate to use e-mail or the internet to access, send, or receive information on, or in support of, activities that are illegal or offensive. Such activities include, but are not limited to, hate speech or material that ridicules or degrades others on the basis of race, creed, religion, color, sex, disability, national origin, or sexual orientation.

It is the policy of the Tax Court that all personnel are prohibited from performing or participating in any of the activities described in paragraphs (a) through (h).

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PART II

SECTION I

ADDITIONAL CONTRACT CLAUSES

Clause 1-5 Conflict of Interest

(a) The contractor specifically agrees that there is no conflict of interest arising from the services to be provided under this agreement. The contractor further agrees that no employee, principal, or affiliate is in any such conflict.

(b) Work under this contract may create a future conflict of interest that could prohibit the contractor from competing for, or being awarded future Tax Court contracts. The following examples illustrate situations in which questions concerning potential conflicts of interest may arise:

(1) Unequal Access to Information

Access to internal Tax Court business information as part of the performance of a contract that could provide the contractor a competitive advantage in a later competition for another Tax Court contract. Such an advantage could easily be perceived as unfair by a competing vendor who is not given similar access to the relevant information.

(2) Competitive Advantage

The contractor, under a prior or existing contract, participates in defining or preparing the requirements or documents that are involved in a subsequent procurement where the contractor may be a competitor. This includes, but is not limited to, defining the requirements, preparing an alternatives analysis, drafting the statement of work or specifications, or developing the evaluation criteria.

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(3) Impaired Objectivity

The contractor is required to assess or evaluate products or services produced or performed by the contractor or one of its business divisions, subsidiaries, or affiliates, or any entity with which it has a significant financial relationship. The contractor’s ability to render impartial advice could be undermined by the contractor’s financial or other business relationship with the entity being evaluated.

The contractor agrees to immediately notify the contracting officer, in writing, if an actual or potential conflict of interest arises, including any of the above and if a non-Tax Court client requests or receives any professional advice, representation, or assistance regarding the Tax Court.

The Tax Court reserves the right to preclude a contractor from participating in a procurement, to refuse to permit the contractor to undertake any conflicting agreements with non-Tax Court clients, or to terminate this contract without cost to the Tax Court, in the event the contracting officer determines a conflict of interest exists and cannot be avoided or mitigated.

Clause 1-10 Gratuities or Gifts

(a) The right of the contractor to proceed may be terminated by written notice if, after notice and hearing, the Chief Judge determines that the contractor, its agent or another representative:

(1) offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official or employee of the Tax Court; and

(2) intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Tax Court is entitled to pursue the same remedies as in a breach of contract.

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(d) The rights and remedies of the Tax Court provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

Clause 1-15 Disclosure of Contractor Information to the Public

(a) The Tax Court reserves the right to disclose information provided by the contractor, in response to a request by a member of the general public.

Upon receipt of a written request, the Tax Court will disclose information which would constitute public records in an agency covered by the Freedom of Information Act. In the event the requested information consists of or includes commercial or financial information, including unit prices, the contractor shall be notified of the request and provided with an opportunity to comment.

(b) The contractor will thereafter be notified as to whether the information requested will be released. The contractor understands and agrees that unit and/or aggregate prices contained in the contract may be subject to disclosure without consent.

Clause 2-50 Continuity of Services

(a) The contractor recognizes that the services under this contract are vital to the judiciary and shall be continued without interruption and that, upon contract expiration, a successor, either the judiciary or another contractor, may continue them. The contractor agrees to:

(1) furnish phase-in training, and

(2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The contractor shall, upon the contracting officer's written notice:

(1) furnish phase-in, phase-out services for up to 90 days after this contract expires, and

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(2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and will be subject to the contracting officer's written approval. The contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

Clause 2-55 Privacy or Security Safeguards

(a) The contractor shall not publish or disclose in any manner, without the contracting officer’s written consent, the details of any safeguards either designed or developed by the contractor under this contract or otherwise provided by the Tax Court.

(b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Tax Court data, The contractor shall afford the Tax Court access to the contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases.

(c) If new or unanticipated threats or hazards are discovered by either the Tax Court or the contractor, or if existing safeguards have ceased to function, I-4 the discoverer shall immediately bring the situation to the attention of the other party.

Clause 2-90C Option to Extend Services.

If the Court exercises the options to extend the term of the contract through September 30, 2019, then the Tax Court may by written notice(s) extend the term of any of the services to be provided under this contract for a total additional period not to exceed 6 months beyond September 30, 2019, at the rates applicable to the government fiscal year ending September 30, 2019. The first such notice shall be provided to the contractor before August 31, 2019.

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 not 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 45 calendar days before the contract expires. The preliminary notice does not commit the Court to an extension.

(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 6 months beyond September 30, 2019.

Clause 2-140 Tax Court IT Security Standards

The contractor agrees to implement reasonable and effective security safeguards to protect the confidentiality, integrity, and availability of Tax Court information.

The contractor shall comply with the requirements below and incorporate them in any subcontracts involving the systems integration, software development, or the provision of software services.

The contractor shall:

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Secure and maintain any computer system, including mobile devices, which it uses in the performance of this contract as further described below. This includes ensuring that security and other applications software is kept up-to-date and patched; anti-virus software is installed and current; security events are detected and addressed; physical security of assets is maintained; Tax Court data is isolated from other customer or contractor data in such a manner that data leakage cannot occur between data sets and destruction of Tax Court data is not impeded;

transmissions of sensitive information taking place over insecure networks (such as the internet) are secured; and business continuity assured in the event of a system failure.

Ensure that contractor-owned removable media such as removable hard drives, flash drives, CDs, and laptops, containing Tax Court data, are encrypted or otherwise secured.

Use secure coding practices in a manner that minimizes security flaws within the software for any software developed in support of the contract.

Have in place configuration management and change control processes to prevent unauthorized modifications or additions to the information system and to ensure that any changes made to the information system are attributable to the individual who implemented the change.

Without exception, prior to making changes that may produce a negative impact on security, perform a risk assessment that documents the purpose of the change, its security impact, and any compensating safeguards that need to be implemented to reduce residual risk.

Report to the COR, or his or her deputy, within 24 hours of discovery, any suspected or confirmed security incidents relative to the systems and data used in fulfillment of this contract and to cooperate in the investigation and resolution thereof.

For each subcontractor whose work requires access to Tax Court facilities, IT resources, or data, the contractor must certify that it has incorporated these requirements in the subcontract. Any breach by a subcontractor of any of the provisions set forth in these requirements will be attributed to the contractor.

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At the expiration of the contract, the contractor shall return all Tax Court information and IT resources provided to the contractor during the contract, and provide a certification that all contractor assets, e.g., laptops, thumb drives, servers, and databases, containing or used to process Tax Court information have been sanitized or destroyed. Upon submission of the final invoice (or sooner upon COR request), the contractor will certify in writing that sanitization and/or destruction has been performed. The contractor’s final invoice is due and payable only when it has complied with the requirements of this paragraph.

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

(a) The government (including the Tax Court) suspends or debars contractors to protect the government’s interests. The contractor shall not enter into any subcontract in excess of $25,000 with a contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so.

(b) The contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed $25,000, to disclose to the contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the federal government.

(c) A corporate officer or a designee of the contractor shall notify the contracting officer, in writing, before entering into a subcontract with a party that is debarred, suspended, or proposed for debarment. The notice shall include the following:

(1) the name of the subcontractor;

(2) The contractor’s knowledge of the reasons for the subcontractor being on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs;

(3) the compelling reason(s) for doing business with the subcontractor

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(4) the systems and procedures the contractor has established to ensure that it is fully protecting the Tax Court’s interests when dealing with such subcontractor in view of the specific basis for the party’s debarment, suspension, or proposed debarment.

(d) Subcontracts. The contractor shall include the requirements of this clause, including this paragraph (d) (appropriately modified for the identification of the…