Telephone_System_Solicitation.pdf

SOLICITATION, OFFER AND AWARD 11 THIS CONTRACT IS A RATED ORDER ~ IRATING I"A~E OF PAGES

UNDER DPAS (15 CFR 7900) I 38

2, CONTRACT NUMBER 3, SOLICITATION NUMBER 4, TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER D SEALEDBID(lFB)

15-00 050515-1 ~ NEGOTIATED(RFP) 05/05/2015

7. ISSUED BY CODEI 18. ADDRESS OFFER TO (If other than item 7)

Facilities Management, United States Tax Court, G-45 400 Second Street, N.W., Washington, D.C. 20217

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

SOLICITATION

until local time-------------------- ----- -------(Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Vv'ithdrawals: 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

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

10. FOR

A NAME B. TELEPHONE (NO COLLECT CALLS) C, E.MAIL ADDRESS

INFORMATION AREA CODE INUMBER IEXTENSION

CALL: procurement@ustaxcourt.gov

11, TABLE OF CONTENTS

(X) ISEC. DESCRIPTION I PAGE(S) (X) I SEC. I DESCRIPTION IPAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I I ICONTRACTCLAUSES .1-13

X B SUPPLIES OR SERVICES AND PRICES/COSTS 81-83 PART 111-LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS,IWORK STATEMENT C1-C7 X I J LIST OF ATTACHMENTS LJ1-J3

X D PACKAGING AND MARKING D1 PART IV. REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE E1

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER K1-K8

F1 X STATEMENTS OF OFFERORSX F DELIVERIES OR PERFORMANCE

X G CONTRACT ADMINISTRATION DATA G1-G2 X L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L1-L5

X H SPECIAL CONTRACT REQUIREMENTS H1 X M EVALUATION FACTORS FOR AWARD M1-M2

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period

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 inserled 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

10 CALENDAR DAYS (%)120 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) I CALENDAR DAYS{%)

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

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOL/CfTA nON for offerors and related documents numbered and dated):

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

15A. NAME AND (Type or print)

ADDRESS

OF OFFER-

OR

15B. TELEPHONE NUMBER 15C. CHECK IF REMITIANCE ADDRESS IS

17 SIGNATURE 18. OFFER DATE

AREA CODE INUMBER IEXTENSION D DIFFERENT FROM ABOVE. ENTER SUCH

ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 120. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USiNG OTHER THAN FULL OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

D 10 U.S.C. 2304 (c) D 41 U.S.C.3304(a) ( ) (4 copies unless otherwise specified) I

24. ADMINISTERED BY (/fother than ftem 7) 25, PAYMENT WILL BE MADE BY CODE I Uniled States Tax Court Facilities (Procurement Section) Managemenl, Room G-45 400 Second Street, N.W., Washington, D.C. 20217

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

Robert R. DiTrolio, Clerk of the Court (Signature of Contracting Officer)

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

STANDARD FORM 33 (REV.6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c) mailto:procurement@ustaxcourt.gov

PART I

SECTION B

PRODUCTS, SERVICES, AND COSTS

Request/or Proposal Title: Telephone System

Request/or Proposal Issue Date:

Request/or Proposal Close Date:

B.t INTRODUCTION

Tuesday, May 5,2015 Friday, June 19,2015 (5:00 p.m. EDT)

The United States Tax Court (the Court) seeks proposals for various ways to provide telephone service for the Court.

The Court currently has a "hosted" YolP phone system, administered by a contractor and using handsets owned by the Court. The Court is considering whether (1) to continue to have a hosted phone system; (2) to switch to a hybrid version of an "on-site" (in-house) phone system, under which the Court would provide the phones and certain additional equipment, administered be a contractor:

or (3) to adopt another solution.

In addition to reliability, the Court will consider (and submissions shall include information about) the total costs to the Court during the contract and renewal terms under the alternative approaches including, for example, equipment purchase/upgrade costs, anticipated periodic replacement costs, licencing fees, initial and periodic contractor charges, and any other costs to be borne by the Court including labor costs.

The Court's current telephone system infrastructure is described in section C.l below. The requirements for the solution, including ongoing future support, are set forth in section C.2 below. The Court will pay an initial fixed fee for deployment or other charges relating to implementation of the solution proposed by the bidder and monthly fees, e.g., for support. The initial term for support after deployment will be one year. The solicitation includes options to extend the term of the contract for up to four additional years.

This is a best value solicitation. Offers will be evaluated based on Technical Skill (30%), Past Performance (30%) and Price (40%). Offers are due by 5:00 p.m.

B-1

EDT on Friday, June 19,2015, and may be submitted electronically to procurement@ustaxcourt.gov.

This 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 IB of Volume 14, Guide to Judiciary Policy, available at http://www.uscourts.gov/procurement.aspx. In addition, upon request, the Contracting Officer will provide the full text of any provisions or clauses.

All references to the "Court", the "Judiciary" or the "Administrative Office of the United States Courts" in any provision or clause shall be deemed to refer to the United States Tax Court. The term "contractor" refers to the successful offeror that is awarded a contract under this solicitation.

B.2 mailto:procurement@ustaxcourt.gov.

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

B.2 COSTS

1. Transitional Periods.

The total cost payable to the contractor for transitional costs (Le., services required for implementation and deployment of the proposed solution by the contractor), will be $ . (To be completed by the offeror)

2. Recurring Monthly Costs.

The monthly cost (e.g., for support) of the proposed solution for the first year after deployment will be $ per month. (To be completed by the offeror).

3. Renewal Periods.

Ifthe Court is satisfied with the service provided during the first 12 months under the contract entered in response to the solicitation, the Court anticipates exercising four renewal options.

If the Court exercises its option to extend the term of contract for a first additional 12-month period, the monthly cost (e.g., for support) during that l2-month period will be $ per month. (To be completed by the offeror).

If the Court exercises its option to extend the term of contract for a second additional 12-month period, the monthly cost (e.g., for support) during that 12-month period will be $ per month. (To be completed by the offeror).

If the Court exercises its option to extend the term of contract for a third additional l2-month period, the monthly cost (e.g., for support) during that 12-month period will be $ per month. (To be completed by the offeror).

If the Court exercises its option to extend the term of contract for a fourth additional l2-month period, the monthly cost (e.g., for support) during that 12-month period will be $ per month. (To be completed by the offeror).

B-3

SECTIONC

SPECIFICAnONS

C.I CURRENT TELEPHONE SYSTEMS INFRASTRUCTURE

The Tax Court is a national court that hears only tax disputes. Tax Court judges and support staff are based in Washington, D.C. in two buildings, the Tax Courthouse and Judiciary Square. Tax Court judges and certain support staff travel and conduct trial sessions in cities across the United States. The normal business hours of the Court are 8:00 a.m. to 4:30 p.m.

The Court maintains a Unified Communications Network (UCN) for its telephones and for all aspects of physical security.) The UCN supports Internet, VoIP, and data traffic. The UCN is comprised of a local area network (LAN) at the Tax Courthouse and a wide area network (WAN) that supports telephones in thirty seven (37) remote Court sites. The Tax Court UCN is currently managed and supported in-house by Court employees, and through a contract under which Pingtone Communications provides off-site support for Pingtone's Call Manager.

Pingtone's Call Manager is connected to the Tax Courthouse by three T-llines.

Those T-l lines terminate into two Cisco 2821 routers that are connected to core Catalyst 4506 switches.

The Tax Court remote sites are connected to the Tax Courthouse through a private network under a contract with Verizon. The remote sites use T-l lines or 40 HWIC cards that connect the Verizon cloud back to the Tax Courthouse through a 100 Mbit Ethernet line. Each remote site is typically staffed by one Judge and one Trial Clerk for severa) trial sessions per year lasting a few business days. The Court generally does not have more than 10 simultaneous trial sessions during any week.

At each of the Court's remote sites there is either a Cisco 3825 or 2951 ISR router, IThe following features operated through the Court's UCN will not be supported by the contractor or be the subject of any of the bids: Security monitors, video surveillance, badge readers at pedestrian entries, wireless, or streaming media.

C-I with either a 3560 or SM-ES2-24-P switch, supporting two or more Cisco 7960 handsets. All current DCN routers, switches and related devices have Cisco-recommended VoIP QoS parameters in place. An examples of the existing router and switch topology is set forth in the diagram titled UCN Topology, Attachment 1 in Section J, below.

The Court has also recently completed an update of Tax Courthouse-based Catalyst 4506 switches to Supervisor 8-E engines and the latest mainline as version. The edge switches have duall0-Gigabit fiber-based paths back to core switches. A virtual switch system was implemented in the core using two 4506 Catalyst switches. A diagram of the Court's current UCN, including the telephone system, is attached as USTC VoIP Diagram, Attachment 2 in Section J, below.

All of the Voice over Internet Protocol (VoIP) related equipment used by the Court is Court-owned and has Cisco SMARTnet coverage. The Court's VoIP network is monitored by Cisco Prime Infrastructure (CPI) using the SNMP protocol and has recently been upgraded to the latest version (2.2x). The CPI capabilities have been extended recently with the addition of the Cisco Mobility Services Engine and Wireless Intrusion Prevention System. The Court intends to use these current monitoring capabilities for its telephone system, and to enhance them with supplemental monitoring tools to be provided by the contractor.

The Court currently uses a 4 digit internal dial plan. Local calls are dialed using 9 + 10 digits and long distance calls are placed by dialing 9 + I + 10 digits.

Emergency calls are placed by dialing 911 or 9911. The Primary Rate Interface (PRJ) circuits utilize Verizon circuits for the associated Direct Inward Dial (DID).

The Court currently has deployed approximately 315 Cisco 7960 handsets in the Tax Courthouse and approximately 100 Cisco 7960 handsets in remote sites.

The Court currently owns but has not deployed 100 Cisco CP-9971 handsets and 340 Cisco CP-7975 handsets believed to be manufactured in 2012.

The Court also has three Polycom Soundstation IP 6000 conference handsets deployed in the Tax Courthouse. The Court currently owns three Cisco E-20 video conference handsets and one EX-60 video conference handset that are not deployed.

C.2

The Court owns but is not using a Cisco Call Manager (9.x/appliance) that is located at the Tax Courthouse. It is configured in high availability mode. The Court also owns a redundant Cisco Call Manager appliance which is connected through a 10Mb Ethernet line to the Court's Survivable Remote Site Telephony server located at the Court's disaster recovery site in Hagerstown, Maryland. The Court's Call Manager is covered by Cisco SMARTNet.

The Court conducted an initial test of the on-site Call Manager (9.x) in June 2014.

As part of the test, SIP trunk lines were established with Verizon. The initial test showed that both internal and external calls could be placed, and that the system could also place internal video calls between 9971 handsets. The initial test used version 9.1.1.20000-5 of the DCM, DC, and ER software.

C.2 REQUIREMENTS

A. Solution

The Court is soliciting bids for telephone service that should provide for 99.9% annual uptime for approximately 315 operational telephones in the Tax Courthouse and approximately 100 operational telephones in remote sites.

The solution must provide the Court with the capability for local and long distance calls, ad hoc conferencing both internally and externally, voice mail, and e911 calls. The phone service (1) may be hosted, i.e. administered by an off-site provider; (2) may utilize the Court's Call Manager; or (3) may be based on any other technically- feasible approach.

The Court is considering whether to provide internal video conferencing. The Court requests that contractors indicate whether there is any extra cost in providing this feature, or, stated differently, whether any savings could be achieved from not providing this service.

In addition, the contractor will be required to integrate voice mail with Microsoft Exchange email.

The Court's hosted system currently provides the following features. The Court requests that bidders also provide these features or advise the Court of any specific issues relating thereto, such as lower cost alternatives or newer technologies:

C-3

1. Voice Mail

2. Ad-Hoc Conference

3. Meet-Me Conference

4. Call Forwarding

5. Speed dial

6. Privacy

7. Transfer

8. Call Pickup Group

9. Call Hunt Group

10. Call Park 11, Extension Mobility

12. Single Number Reach

13. Web Inbox (voicemail through web)

14. Emergency Video Intercom connection to Court Security Office

Because the Court uses the UCN to provide for certain features that will not be supported by the contractor, the solution must allow Tax Court staff to have full read/write access to the Court's UCN routers and switches at all times. The Court intends that all access rights to these devices will be tied to established user-ids that will be maintained in an Identity Services Engine, and that alllogins to these devices will be logged to a Kiwi log server. The solution must include a change management procedure that will allow the Court and the contractor to track all changes to all routers and switches that are part of the UCN.

The solution may utilize either: (I) handsets currently deployed (approximately 315 Cisco 7960 handsets in the Tax Courthouse and approximately 100 Cisco 7960 handsets in remote locations) ; (2) the Court's Cisco CP-9971 and Cisco CP- 7975 handsets that have not been deployed; or (3) other handsets. The Court will provide for delivery of replacement handsets, if any, to the remote sites, and their physical connectivity.

The Court has three currently deployed Polycom Soundstation IP 6000 conference handsets. The Court requests that contractors indicate whether there is any extra cost in installing three Cisco E-20 video conference handsets owned by the Court, and setting up the one EX-60 video conference handset owned by the Court or, stated differently, whether any savings could be achieved from not providing these services.

C-4

The solution must include up to ten forty-five minute user training sessions, each for up to 20 Court telephone users, to be completed at least 9ne week before replacement.

B.Support

The support aspect ofthe solution must provide that the contractor is responsible for monitoring, managing, and maintaining the Court's telephone system, and that the contractor will provide for problem resolution for all components of the Court's telephone system. The support aspect of the solution must provide that the contractor must open a ticket to track problem resolution and time required.

Normal support hours will be 8:00 a.m. to 8:00 p.m. Monday through Saturday, except Federal holidays. The contractor must initiate corrective action during normal support hours within four hours of receiving a request for support from the Court's Office of Information Systems (OlS). Once begun, work must continue until the problem is resolved. Requests for support will be submitted by OlS to the contractor via e-mail, facsimile transmission, or through a contractor-supported support portal. The contractor must report to OlS any support requests received that did not come from OIS.

The contractor must supply the Court with a specific description of each incident that required resolution, and recommendations to prevent a recurrence of a similar problem. If the Court requests, the contractor must provide the Court with a ticket status report within two business days. Notifications and reports can be sent by email.

The solution must provide that the contractor's support responsibilities include, but need not necessarily be limited to:

I. Installing upgrades and patches.

2. Change control related to moves, adds, and deletions.

3. Implementing a ticket system to track problems as they arise.

4. Acknowledging receipt of a notification of any outage that affects more than five users within 30 minutes of notification.

The Court will provide a VPN gateway through which the contractor can monitor the Court's telephone system and provide initial problem resolution. Contractor staff will not be required to travel to any remote sites.

C-5

C. Transition Period

Each submission shall include (I) a description of the steps needed to implement the proposed solution, (2) a proposed timeline for implementing the solution, and (3) in addition to the cost stated at para. B.2.1 above, the estimated costs of any hardware, services or other expenses to be provided by the Court not included in the bid price.

D. Call Manager

If the solution proposed includes deployment and implementation of the Court's Call Manager system, then

(1) The Court will separately obtain and pay for dial tone service from another contractor.

(2) The Court will pay for and acquire any additional equipment, software, upgrades, or licenses necessary for implementation, including upgrading from Call Manager 9.0 to Call Manager 10.0.

(3) The contractor will be required to provide training at the Tax Courthouse, to be completed within one week prior to deployment, that includes a full-day training session on Call Manager for three members of the Court's IT staff.

(4) Within two weeks after deployment is complete, the contractor must submit to the Court documentation in Microsoft Word and Visio formats that accurately describes the high-level functional and physical topology of the Court's Call Manager ecosystem.

C.3 TERM OF CONTRACT

The support phase of this contract shall begin immediately after deployment is completed, and shall continue for 12 months thereafter. In accordance with Clause 2-90D, set forth in its entirety at Part II, Section 1, infra, the Tax Court may by written notice( s) extend the term of the Support phase of this contract for a total period of performance of up to four additional years. In addition, in accordance with Clause 2-90C, set forth in its entirety at Part II, Section 1, infra, the Tax Court

C-6 may by written notice(s) extend the term of any or all of the specific services to be provided under this contract for a total period not to exceed six (6) months.

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, June 2, 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 the Court's existing infrastructure or this solicitation. Offerors may submit written questions in advance. 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.7

SECTIOND

PACKAGING AND MARKING

NOT APPLICABLE

[This space intentionally blank.]

D-1

Clause 2-5B

SECTIONE

INSPECTION AND ACCEPTANCE

Inspection of Services

[This space intentionally blank.)

E-1

Clause 2-60

Clause 7-200

PART I

SECTIONF

DELIVERY AND PERFORMANCE

Stop-Work Order

Tax Court Delay of Work

F-l

SECTION G

CONTRACT ADMINISTRATION DATA

G.l 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

Clause7-l0, 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: ----------------

G-l

(b) The contractor's representative shall act as the central point of contact with the Tax Court, shall be responsible for all contract administration issues 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 7-1

Clause 7-5

Clause 7-125

Contract Administration

Contracting Officer's Representative

Invoices

0-2

Clause 1-1

Clause 7-45

PARTJ

SECTIONH

SPECIAL CONTRACT REQUIREMENTS

Employment by the Government

Travel

Contractor travel costs will not be compensated.

Clause 7-55 Contractor Use of Tax Court Networks

H-l

Clause 1-5

Clause 1-10

Clause 1-15

Clause 2-20A

Clause 2-50

Clause 2-90C

PART II

SECTION I

ADDITIONAL CONTRACT CLAUSES

Conflict of Interest

Gratuities or Gifts

Disclosure of Contractor Information to the Public

Incorporation of Warranty

Continuity of Services

Option to Extend Services

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

This option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The contracting officer may exercise the option by written notice to the contractor no later than 20 calendar days prior to the contract's current expiration date.

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

(a) The Court may extend the term of this contract by written notice to the contractor no later than 20 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 30 calendar days before the contract's current expiration date. 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 5 years.

1.1

Clause 3-25

Clause 3-35

Clause 3-40

Clause 3-45

Clause 3-50

Clause 3-55

Clause 3-105

Clause 3-120

Clause 3-140

Clause 3-205

Clause 7-15

Clause 7-20

Clause 7-25

Clause 7-30

Clause 7-35

Clause 7-40

Clause 7-65

Protecting the Tax Court's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Covenant Against Contingent Fees

Restrictions on Subcontractor Sales to the Tax Court

. Anti-Kickback Procedures

Cancellation, Rescission, and Recovery .of Funds for lIIegal or Improper Activity

Price or Fee Adjustment for lIIegal or Improper Activity

Audit and Records

Order of Precedence

Notice to the Tax Court of Labor Disputes

Protest After Award

Observance of Regulations/Standards of Conduct

Security Requirements

Indemnification

Public Use of t~e Name of the Tax Court

Disclosure or Use oflnformation

Tax Court-Contractor Relationships

Protection of Tax Court's Buildings, Equipment, and Vegetation

1-2

Clause 7-85 Examination of Records

Clause 7-95 Contractor Inspection Requirements

Clause 7-100B Limitation of Liability (Services)

Clause 7-110 Bankruptcy

Clause 7-130 Interest (Prompt Payment)

Clause 7-135 Payments

Clause 7-140 Discounts for Prompt Payment

Clause 7-150 Extras

Clause 7-185 Changes

Clause 7-210 Payment for Emergency Closures

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

1-3

PART III

SECTION J

LIST OF ATTACHMENTS

1.UCN Topology

Note: The following features operated through the Court's UCN will not be supported by the contractor, or included in or the subject of any of the bids:

Security monitors, video surveillance, badge readers at pedestrian entries, wireless, or streaming media.

2. USTC VolP Diagram

J-)

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152_1J9~

USTC-DC-

10.25

As of April 20, 2015

UCN Topology

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Pingtone VOl? PrOJider

.13 layer3 Unk laver2 Unk

64.33.268.0 ZSS2sS.240.0

69.50.96.0255.255.2.40.

Pingtone

VolP Provider

.9

L 69.50.//31

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USTC VolP Diagram Streaming Media

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PART IV

SECTIONK

REPRESENTATIONS. CERTIFICATIONS

AND OTHER STATEMENTS OF OFFEROR

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

Provision 3-5

(a) Definition.

Taxpayer Identification and Other Offeror Information

"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 of31 U.S.C.

Ss 7701(c) and 3325(d), reporting requirements of26 U.S.C. Ss 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. S 7701(c)(3». If the resulting contract is subject to payment recording requirements, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

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

[] TIN is not required, because:

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

K-l 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;

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

[J Offeror is an agency or instrumentality ofthe federal government.

(e) Type of Organization:

[J sole proprietorship;

[] partnership;

[] corporate entity (not tax-exempt);

[J corporate entity (tax-exempt);

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

[] foreign government;

[J international organization per 26 CFR 1.6049-4;

[J other

(f) Contractor representations.

The offeror represents as part of its offer that it is L-J, is not [-.J 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) [J 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 Pal au), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern

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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) [] Individuallconcem, other than one of the preceding.

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)

(B)

(C)

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

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;

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)(l )(i)(B) ofthis provision;

have , have not , within a three-year period preceding- -this offer, been notified of any delinquent federal taxes in an

K-3 amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent ifboth 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. S 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.

S 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the

K-4 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 col1ection action is stayed under 11 U.S.C. 362.

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

(2) "Principal," for the purposes of this certification, means an officer;

director; owner; partner or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division, or business segment, and similar positions).

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

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

K-S 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 ofthe offeror to furnish a certification or provide such additional information as requested by the contracting officer may render the offeror nonresponsible.

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

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

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

Provision 3-30 Certificate of Independent Price Determination

(a) The offeror certifies that:

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

(A) those prices;

(B) the intention to submit an offer; or

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

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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 ofperson(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)(l) 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)(l) through (a)(3) of this provision.

(c) Jfthe 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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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 o/the authorized negotiators).

Name; -------------------- Title:

Telephone: _ Fax: ------------ Email: ------------

Provision 3-15 Place of Performance

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SECTIONL

INSTRUCTIONS, CONDITIONS, NOTICES TO OFFERORS

L.l. 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 demonstrate that the offeror has a thorough understanding of

(1) the Tax Court's current infrastructure as described in Section C.l, (2) the requirements for a solution as set forth in Section C.2, including ongoing support, and (3) the details of the solution and support proposed. Offers must also demonstrate that the offeror is able, willing, and competent to devote the resources necessary to implement and support the proposed solution. Offers must also demonstrate the offeror's ability to efficiently and effectively manage and support an important and complex technical project. Offers must set forth the extent to which the contractor representatives who the contractor expects will be providing services under this contract have relevant certifications with Cisco, and may also include resumes of key personnel and/or individuals who will provide the services requested. Offers may include past performance descriptions and references with respect to solutions and support provided within the past three (3) years that are similar in scope, size, and complexity to the solution and support proposed.

Submissions should include information about the total costs to the Court under alternative approaches including, for example, equipment purchase/replacement costs, licencing fees, initial and periodic contractor charges, and any other costs to be borne by the Court including labor costs ..

(b) Offers must be received by the U.S. Tax Court on or before 5:00 p.m. EDT on Friday, June 19,2015. 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 N.W., Washington D.C. 20217, or hand-delivered, Mail sent to the Tax Court through the

L.l

United States Postal Service 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.

(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 a/sheets];

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(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.

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 June 19,2015, as time is of the essence. Any proposal 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 proposal for consideration would not unduly delay the acquisition.

L.4 AWARD

A written award or acceptance of an offer that is 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.S 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.

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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 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.

Provision 2-15 Warranty Information

Provision 2-70 Site Visit

Provision 3-85 Explanation to Prospective Offerors

Any prospective offeror desiring a written explanation or interpretation of any aspects of this request for proposal may submit questions via email to procurement@ustaxcourt.gov. The Court suggests that questions be submitted by Friday, May 22, 2015, so that responses can be provided before the pre-offer conference on Tuesday, June 2, 2015. All questions must be submitted before 5:00 p.m. EDT on Tuesday, June 9, 2015. Telephone inquiries will not be accepted. Any information given by the contracting officer to a prospective offeror will be furnished promptly to all other prospective offerors as an amendment to the request for proposals, 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 request for proposal may result in disqualification of the offeror from consideration for award.

Provision 3-95 Preparation of Offers

Provision 3-100 Instructions to Offerors

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Provision 3-210 Protests

Provision 7-60 Judiciary-Furnished Property or Services

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SECTIONM

EVALUATION FACTORS FOR AWARD

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

M.I 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 proposal. Proposals will be evaluated on the following three factors, weighted as follows:

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

M.2 TECHNICAL SKILL - 30%

Proposals will be evaluated based on the extent to which they demonstrate the offeror's understanding of the solution proposed, the products and services required to implement and support that solution, and the institutional capability to provide those services. Technical capability may be demonstrated by, among other things:

(1) the offeror's knowledge and experience regarding implementation and support of the solution proposed;

(2) the offeror's ability to efficiently and effectively manage and support an important and complex technical project; and

(3) the certifications, qualifications, and resumes of the individuals that the offeror plans to use to provide the services necessary to implement and support the solution proposed.

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M.3 PAST PERFORMANCE - 30%

Proposals will be evaluated based on the offeror's past performance, including experience implementing and supporting solutions similar in size, scope and complexity to the solution described in the offeror's proposal.

M.4 COST - 40%

Proposals will be evaluated based on the total cost to the Tax Court for implementation and support of the solution proposed, including both amounts to be paid to the contractor for deployment and support, and any additional costs to be paid by the Court associated with any changes to the Court's current telephone system necessary to implement the solution proposed. While cost is a factor to be considered, it is not the most important factor. All evaluation factors other than cost, when combined, are significantly more important than price. The Court may make an award to an offeror that demonstrates superior technical skill and past performance with respect to a particular solution, even if such an award would result in a higher total cost to the Court.

M.5 ADDITIONAL PROVISIONS

Provision 3.70 Determination of Responsibility

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