Video_Surveillance_Upgrade_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

PRODUCTS, SERVICES, AND COSTS

Request for Proposal Title: Video Surveillance Upgrade

Request for Proposal Issue Date: March 12, 2015 Request for Proposal Close Date: March 27, 2015 (5:00 p.m. EDT)

B.1. INTRODUCTION

The Tax Court seeks to upgrade its video surveillance network. The Court requires the products described in section C.2 (Products) and the related services described in Section C.3 (Services) for the total fixed cost set forth in Section B.2 (Cost).

The Tax Court requires that the products described in Section C.2 (Products) must be delivered no later than 30 (thirty) days after contract award and the services described in Section C.3 (Services) must be completed no later than 60 (sixty) days after contract award.

This best value solicitation incorporates provisions and clauses by reference, with the same force and effect as if they were given in full text. The full text of each provision and clause may be found at Appendix 1B of Volume 14, Guide to Judiciary Policy, available 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.2. COST

The total cost of the products and related services to be provided under this contract will be: $__________________ (To be completed by the offeror).

B-1

SECTION C

SPECIFICATIONS

C.1. BACKGROUND

The Court seeks to upgrade its video surveillance network infrastructure to comply with current physical security requirements. The Court’s current video surveillance system consists of a Cisco Video Surveillance Operations Manager (VSOM) and eighty (80) cameras. All camera control and video feeds rely on the VSOM server appliance. The Court’s VSOM is integrated with the Court’s voice over internet protocol (VoIP) network and all video feeds are recorded on a Cisco storage area network. During this upgrade, the Court will be relocating the server room for the Court’s VSOM to another area within the Tax Courthouse. The Contractor will be required to provide the products described in section C.2 (Products) and the related services described in Section C.3 (Services).

C.2. PRODUCTS

New products only; no refurbished items.

1 x E-Delivery migration License for one OM on MSP (Cisco Item No.

L-CPS-M-OM-SW7) or equal

3 x E-Delivery migration License for one MS on MSP (Cisco Item No.

L-CPS-M-MS-SW7) or equal

66 x EDelivery migration License for 1 camera with VSM7 (Cisco Item No.

L-CPS-M-VSM7-1CAM) or equal

1 x EDelivery migration License for 1 VSVM Client to SASD (Cisco Item No.

L-CPS-M-SASD-7) or equal

1 x AS Fixed Mentored Install Svc VSM Small Up to 100 cameras (Cisco Item No. ASF-ESG-G-PSS-VSS) or equal

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1 x UCS C220 M3 LFF w/o CPU mem HDD PCIe PSU w/ rail kit (Cisco Item No. UCSC-C220-M3L) or equal

1 x 2.4 GHz E5-2609/80W 4C/10MB Cache/DDR3 1066MHz (Cisco Item No.

UCS-CPU-E5-2609) or equal

1 x 8GB DDR3-1600-MHZ RDIMM/PC3-12800/dual rank/1.35v (Cisco Item No.

UCS-MR-1X082RY-A) or equal

4 x 1TB SAS 7.2K RPM 3.5 inch HDD/hot plug/drive sled mounted (Cisco Item No. UCS-HDD1TI2F212) or equal

2 x Power Cord 125VAC 13A NEMA 5-15 Plug North America (Cisco Item No.

CAB-9K12A-NA) or equal

2 x 650W power supply for C-series rack servers (Cisco Item No.

UCSC-PSU-650W) or equal

1 x MegaRAID 9271CV with 8 internal SAS/SATA ports with Supercap (Cisco Item No. UCS-RAID9271CV-8I) or equal

1 x Heat Sink for UCS C220 M3 Rack Server (Cisco Item No.

UCSC-HS-C220M3) or equal

1 x Half height PCIe filler for UCS (Cisco Item No. UCSC-PCIF-01H) or equal

1 x Rail Kit for C220 C22 C24 rack servers (Cisco Item No. UCSC-RAIL1) or equal

1 x VMware vSphere 5 Standard (1 CPU) 1yr Support Required (Cisco Item No.

VMW-VS5-STD-1A) or equal

3 x UCS C240 M3 LFF w/o CPU mem HD PCIe PSU w/ rail kit expdr (Cisco Item No. UCSC-C240-M3L) or equal

6 x VMware vSphere 5 Standard (1 CPU) 1yr Support Required (Cisco Item No.

VMW-VS5-STD-1A) or equal

C-2

6 x 2.00 GHz E5-2620/95W 6C/15MB Cache/DDR3 1333MHz (Cisco Item No.

UCS-CPU-E5-2620) or equal

6 x 8GB DDR3-1600-MHZ RDIMM/PC3-12800/dual rank/1.35v (Cisco Item No.

UCS-MR-1X082RY-A) or equal

36 x 3TB SAS 7.2K RPM 3.5 inch HDD/hot plug/drive sled mounted (Cisco Item No. UCS-HDD3TI2F214) or equal

3 x MegaRAID 9271CV with 8 internal SAS/SATA ports with Supercap (Cisco Item No. UCS-RAID9271CV-8I) or equal

3 x Enable RAID 5 Setting (Cisco Item No. R2XX-RAID5) or equal

6 x Power Cord 125VAC 13A NEMA 5-15 Plug North America (Cisco Item No.

CAB-9K12A-NA) or equal

6 x 650W power supply for C-series rack servers (Cisco Item No.

UCSC-PSU-650W) or equal

3 x 2U Rail Kit for UCS C-Series servers (Cisco Item No. UCSC-RAIL-2U) or equal

6 x Heat Sink for UCS C240 M3 Rack Server (Cisco Item No.

UCSC-HS-C240M3) or equal

12 x Full height PCIe filler for C-Series (Cisco Item No. UCSC-PCIF-01F) or equal

1 x SW APP SUPP EDelivery migration (Cisco Item No.

CON-SAS-LCPSMOW7) or equal

3 x SW APP SUPP EDelivery migration (Cisco Item No. CON-SAS-LCPSMM) or equal

66 x SW APP SUPP EDelivery migration (Cisco Item No. CON-SAS-LCPSMV) or equal

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1 x SW APP SUPP EDelivery migration (Cisco Item No. CON-SAS-LCPSMS) or equal

1 x SMARTNET 8X5XNBD UCS C220 M3 Server - LFF (Cisco Item No.

CON-SNT-C220M3LF) or equal

1 x ISV 24X7 VMware vSphere Standard List Price is ANNUAL (Cisco Item No.

CON-ISV1-VS5STD1A) or equal

3 x SMARTNET 8X5XNBD UCS C240 M3 Server - LFF (Cisco Item No.

CON-SNT-C240M3LF) or equal

6 x ISV 24X7 VMware vSphere Standard List Price is ANNUAL (Cisco Item No.

CON-ISV1-VS5STD1A) or equal

The offer may also include additional or alternative products not listed in Part I, Section C.2 (Products), necessary to perform the services described in Part I, Section C.3 (Services)

C.3. SERVICES

Due to security concerns, the Contractor will be required to refrain from physically touching any of the Court’s video surveillance hardware. Rather, the Contractor will supervise and direct a designated Court employee to perform all the necessary services. Contractor shall take all necessary steps to ensure current video data and functionality is not lost during the upgrade process. The Court expects that the upgrade will consist of the following steps:

(1) Contractor (through a designated Court employee) will install the hardware and software as described in section C.2 (Products) into Court-provided racks in the Court’s new server room.

(2) Contractor (through a designated Court employee) will move VSM to new server room.

(3) Contractor (through a designated Court employee) will move video files from old storage units to new storage units.

C-4

(4) Contractor (through a designated Court employee) will verify archives have successfully transferred.

(5) Contractor (through a designated Court employee) will confirm that the Court’s approximately 60 video surveillance camera views are available in the video matrix.

(6) Contractor (through a designated Court employee) will link cameras to archives and ensure video archive function is working properly.

(7) Contractor will work with a designated Court employee to upgrade all client workstations to the latest VSM client.

(8) Contractor will work with a designated Court employee to resolve all issues that may result from the installation of the new VSM.

All work is to be performed during normal business hours (8:00 AM to 4:30 PM) at the Tax Courthouse located in Washington, D.C. The Tax Court requires that the services described in this section must be completed no later than 60 (sixty) days after contract award.

C.4. PRE-OFFER CONFERENCE

The Tax Court will conduct a pre-offer conference with respect to this solicitation. The pre-offer conference will be held at the Tax Courthouse, 400 Second Street, NW, Washington, D.C. 20217, at 10:00 a.m. on Tuesday, March 24, 2015. Attendance is not mandatory. For security purposes, the names of individuals planning to attend should be provided in advance by email to procurement@ustaxcourt.gov. The conference is intended to provide additional information or clarification regarding this solicitation. Offerors may submit written questions in advance. At the conference offerors will have an opportunity to ask questions regarding the Tax Court’s video surveillance network and the products and services required under this solicitation. Statements made by the Court’s representatives at the conference will not be binding on the Court.

Official solicitation requirements will be changed only by written amendment issued by the Court.

C-5

SECTION D

PACKAGING AND MARKING

CLAUSE(S) INCORPORATED BY REFERENCE

Clause 2-45 Packaging and Marking

[This space intentionally blank.]

D-1

SECTION E

INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

Clause 2-5A Inspection of Products

Clause 2-5B Inspection of Services

Clause 2-10 Responsibility of Products

Clause 5-10 Inspection of Professional Services

E-1

SECTION F

DELIVERY AND PERFORMANCE

F.1. DELIVERY TERMS AND DATE FOR PERFORMANCE

Delivery of the products identified shall be FOB destination. Time is of the essence.

The Court hopes to make an award by April 1, 2015, or as soon as practicable thereafter. All items must be delivered as soon as practicable and no later than 30 (thirty) days after contract award. The Tax Court requires that the services identified in Section C.3 (Services) must be completed no later than 60 (sixty) days after contract award.

F.2. PLACE OF DELIVERY

Deliveries should be made to: United States Tax Court 400 2nd Street N.W.

Washington, D.C. 20217

Delivery hours are 8:00 a.m. to 4:00 p.m.

Please call Facilities at 202.521.4677 to coordinate delivery.

F.3. LIQUIDATED DAMAGES

Clause 2-75, Liquidated Damages

(a) If the contractor fails to complete delivery of the products, or performance of the services within the time specified in this contract, or any extension, the contractor shall, in place of actual damages, pay to the judiciary $1,000.00 for liquidated damages as agreed for each calendar day of delay.

(b) Alternatively, if completion of delivery or performance is delayed beyond the contract dates, the judiciary may, at its sole discretion, terminate this contract in whole or in part under the Termination for Default clause, and the contractor shall be liable for the agreed liquidated damages accruing until the time the judiciary may reasonably obtain delivery or performance of similar

F-1 products or services. The liquidated damages will be in addition to excess costs of re-procurement.

(c) The contractor will not be charged with liquidated damages when the delay in completion of delivery or performance arises out of causes beyond the control and without the fault or negligence of the contractor.

F.4. ADDITIONAL CLAUSES

Clause 2-25A Delivery Terms and Contractor’s Responsibilities

Clause 2-35 F.o.b. Destination, Within Court’s Premises

Clause 2-60 Stop-Work Order

Clause 7-200 Tax Court Delay of Work

F-2

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 (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

G-1 the Tax 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.

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.

G-2

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

(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

CLAUSE(S) INCORPORATED BY REFERENCE

Clause 1-1 Employment by the Government

Clause 7-45 Travel

Travel costs will not be allowed.

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 2-95 Material Requirements

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

I-2

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 6-40 Federal, State, and Local Taxes

Clause 6-60 Rights in Data (General)

Clause 6-65 Rights in Data--Special Works

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

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

I-3 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.

(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;

I-4

(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 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

I-5 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 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 7-100A Limitation of Liability (Products)

Clause 7-100B Limitation of Liability (Services)

Clause 7-110 Bankruptcy

Clause 7-130 Interest (Prompt Payment)

I-6

Clause 7-135 Payments

Clause 7-140 Discounts for Prompt Payment

Clause 7-150 Extras

Clause 7-175 Assignment of Claims

Clause 7-185 Changes

Clause 7-195 Excusable Delay

Clause 7-215 Notification of Ownership Changes

Clause 7-220 Termination for Convenience of the Tax Court (Fixed Price)

Clause 7-230 Termination for Default (Fixed Price – Products and Services)

Clause 7-235 Disputes

I-7

PART III

SECTION J

LIST OF ATTACHMENTS

NOT APPLICABLE

J-1

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.

K.1. 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

K-1 corporation or foreign partnership that does not have income effectively connected with the 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

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Micronesia, the Commonwealth of the Northern Mariana 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.

K.2. 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;

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(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

K-4 filing, and to further appeal to the Tax Court if the IRS 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.

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(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 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.

K.3. 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.

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(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

(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.

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K.4. 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.5. ADDITIONAL PROVISIONS

Provision 3-15 Place of Performance

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SECTION L

INSTRUCTIONS, CONDITIONS, NOTICES TO OFFERORS

L.1. PROVISION 4-1: TYPE OF CONTRACT

The Tax Court plans to award a fixed-price 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 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 the specified requirements. Offers must also demonstrate the offeror’s ability to timely supply the required products identified in Part I, Section C and to manage a time-sensitive, mission-critical technical project while mitigating risk and maintaining a professional performance. Offers must show the extent to which the Contractor’s employees are Cisco-certified and may also include resumes of key personnel and/or individuals who will provide the services requested. Offers may include no more than five (5) 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.

(B) Offers must be received by the U.S. Tax Court on or before 5:00 p.m. EDT on March 27, 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, or hand-delivered. Note that mail sent through the United States Postal Service to Federal buildings may be delayed due to special screening procedures.

(C) Modification, Revisions, and Withdrawal of Offers

(1) Offers may be withdrawn by written notice received at any time before award. Withdrawals are effective upon receipt of notice by the contracting officer.

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(2) Offerors may submit modifications to their offers at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(3) Offerors may submit revised offers only if requested or allowed by the contracting officer.

(D) Restriction on Disclosure and Use of Data

Offerors that include in their offers data that they do not want disclosed to the public for any purpose, or used by the Tax Court except for evaluation purposes, shall:

(1) mark the title page with the following legend:

This offer includes data that shall not be disclosed outside the Tax Court and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this offer. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Tax Court shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Tax Court’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets];

and

(2) mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this offer.

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L.3. LATE OFFERS

Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Tax Court by 5:00 p.m. EDT on March 27, 2015, as time is of the essence. Any offer received after the deadline is “late” and will not be considered unless it is received before an award is made and the contracting officer determines that accepting the late offer for consideration would not unduly delay the acquisition.

L.4. AWARD

A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time specified in the offer shall result in a binding contract without further action by either party.

L.5. OTHER CONSIDERATIONS

The Court intends to award a contract resulting from this solicitation to the responsible offeror whose proposal represents the best value after evaluation in accordance with the factors listed in the solicitation.

The Court intends to evaluate proposals and award a contract without discussions with offererors and therefore the offeror’s initial proposal should contain the best terms from the offeror’s standpoint. However, the Court reserves the right to conduct discussions if the Contracting Officer determines them to be necessary.

The Court may waive informalities and minor irregularities in proposals received, and it may reject any or all proposals if such action is in the Court’s interest.

L.6. ADDITIONAL PROVISIONS

Provision B-1 Solicitation Provisions Incorporated by Reference

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. The offeror is cautioned that

L-3 the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

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

Provision 2-15 Warranty Information

Provision 2-70 Site Visit

Provision 3-85 Explanation to Prospective Offerors

Any prospective offeror desiring an explanation or interpretation of the solicitation shall submit such questions via email to procurement@ustaxcourt.gov by 5:00 p.m. EDT on or before March 20, 2015. Telephone inquiries will not be accepted.

Any information given by the contracting officer to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is deemed by the contracting officer to be necessary in submitting offers, or if, in the judgment of the contracting officer, the lack of it would be prejudicial to any other prospective offerors. Contact with any other Tax Court official except the contracting officer, or without the contracting officer’s express consent, concerning this solicitation may result in disqualification of the offeror from consideration for award.

Provision 3-95 Preparation of Offers

Provision 3-100 Instructions to Offerors

Provision 3-210 Protests

(a) The protestor has a choice of protest forums. It is the policy of the Tax Court to encourage parties first to seek resolution of disputes with the contracting officer. If the dispute cannot be resolved with the contracting officer, then it is the policy of the Tax Court to encourage parties to seek a resolution with the Chief Judge of the Tax Court. However, if a party files a formal protest with an external forum on a solicitation on which it has filed a protest with the Tax

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Court, the Tax Court protest will be dismissed.

(b) Tax Court protests will be considered only if submitted in accordance with the following time limits and procedures:

(1) any protest shall be filed in writing with the contracting officer designated in the solicitation for resolution of the protest. It shall identify the solicitation or contract protested and set forth a complete statement of the alleged defects or grounds that make the solicitation terms or the award or proposed award defective. Mere statement of intent to file a protest is not a protest.

(2) a protest shall be filed not later than ten (10) calendar days after the basis of the protest is known, or should have been known. A protest based on alleged improprieties in a solicitation which are apparent prior to the closing date for receipt of offers, shall be filed prior to the closing date for receipt of offers. The Tax Court, in its discretion, may consider the merits of any protest which is not timely filed. The office hours of the Administrative Office are 8:30 a.m. to 5:00 p.m., EDT. Time for filing a document expires at 5:00 p.m., EDT, on the last day on which such filing may be made.

(3) the protest shall include the following information:

(i) name, address, and fax and telephone numbers of the protester or its representative;

(ii) solicitation or contract number;

(iii) detailed statement of the legal and factual grounds for the protest, to include a description of resulting alleged prejudice to the protester;

(iv) copies of relevant documents;

(v) request for a ruling by the Tax Court;

(vi) statement as to the form of relief requested;

(vii) all information establishing that the protester is an interested party for the purpose of filing a protest; and

(viii) all information establishing the timeliness of the protest.

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(c) Unless stated otherwise elsewhere in this solicitation, protests that are filed directly with the Tax Court, and copies of any protests that are filed with an external forum, shall be served on the contracting officer at the Issuing Office address on the standard form, if any, or as provided elsewhere in this solicitation. Written and dated acknowledgment of receipt must be obtained from the Contracting Officer issuing this solicitation, or authorized designee.

(d) The copy of any protest shall be received in the office designated above within one day of filing a protest with an external forum.

Provision 7-60 Judiciary-Furnished Property or Services

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SECTION M

EVALUATION FACTORS FOR AWARD

Offers must be realistic in both technical approach and total price. Offers that are unrealistic in terms of technical approach or unrealistically low in price will be considered indicative of a lack of understanding of the complexity and risk in the contract requirements. Unrealistic offers will not be considered for award.

M.1. EVALUATION FACTORS

The award will be made on a competitive best-value basis, using “tradeoff” between price and non-price factors. The evaluation will be based on a complete assessment of each offer. Offers shall be evaluated on the following three factors, weighted as follows:

Technical Skill - 30% Past Performance - 30% Price - 40%

M.2. TECHNICAL SKILL - 30%

Offers will be evaluated based on the extent to which they demonstrate that the offeror has an understanding of the products and services that are required, and the institutional capability to provide them. Technical capability may be demonstrated by, among other things:

(1) the offeror’s knowledge and experience regarding the products and…