Solicitation 10-2063.pdf

PART I

SECTION B

SERVICES AND COSTS

B.1. INTRODUCTION

The offeror shall insert the cost-per-month for the base year and each option period to perform the work on products/descriptions in Section B.2. Section B.3. is the total yearly cost for each year, including base and options.

For each section B.4 through B.9, the estimated hours (a) for each skill category are provided for each contract year. The offeror shall insert the Rate (b) and Cost (c) for each skill category for each contract year. Estimated Travel costs are listed for each contract year in Item B-

10. Section B.11. is the total yearly cost for each year, including base and options.

The parties to this contract, by acceptance of its terms, agree to abide by the applicable provisions and clauses of the Judiciary Procurement Program Procedures (JP3). Hereinafter, all references to the “Judiciary” or the “Administrative Office of the United States Courts”appearing in any JP3 provision or clause incorporated by reference shall be deemed to refer to the United States Tax Court.

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SERVICES AND COSTS

B.2. ENTERPRISE SUPPORT

FIRST

YEAR

(2009/2010) Per Month

OPTION I

(10/11)

Per Month

OPTION II

(11/12)

Per Month

OPTION III

(12/13)

Per Month

OPTION IV

(13/14)

Per Month

B.3. TOTAL YEARLY SUPPORT COST

FIRST

YEAR

(2009/2010)

OPTION I

(10/11)

OPTION II

(11/12)

OPTION III

(12/13)

OPTION IV

(13/14)

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PROFESSIONAL SERVICES

B.4. SENIOR ENTERPRISE/NETWORK ANALYST

FIRST

YEAR

(2009/2010)

OPTION

I

(10/11)

OPTION

II

(11/12)

OPTION

III

(12/13)

OPTION

IV

(13/14)

(a) HOURS 720 720 720 720 720

(b) RATE $

(c) COST $

B.5. DATABASE ANALYST/ADMINISTRATOR

FIRST

YEAR

(2009/2010)

OPTION

I

(10/11)

OPTION

II

(11/12)

OPTION

III

(12/13)

OPTION

IV

(13/14)

(a) HOURS 720 720 720 720 720

(b) RATE $

(c) COST $

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B.6. SYSTEMS ENGINEER

FIRST

YEAR

(2009/2010)

OPTION

I

(10/11)

OPTION

II

(11/12)

OPTION

III

(12/13)

OPTION

IV

(13/14)

(a) HOURS 720 720 720 720 720

(b) RATE $

(c) COST $

B.7. NETWORK SECURITY PROFESSIONAL

FIRST

YEAR

(2009/2010)

OPTION

I

(10/11)

OPTION

II

(11/12)

OPTION

III

(12/13)

OPTION

IV

(13/14)

(a) HOURS 720 720 720 720 720

(b) RATE $

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B.8. NETWORK PROFESSIONAL

FIRST

YEAR

(2009/2010)

OPTION

I

(10/11)

OPTION

II

(11/12)

OPTION

III

(12/13)

OPTION

IV

(13/14)

(a) HOURS 720 720 720 720 720

(b) RATE $

(c) COST $

B.9. SYSTEMS MANAGER

FIRST

YEAR

(2009/2010)

OPTION

I

(10/11)

OPTION

II

(11/12)

OPTION

III

(12/13)

OPTION

IV

(13/14)

(a) HOURS 720 720 720 720 720

(b) RATE $

B-5

B.10. TRAVEL

FIRST

YEAR

(2009/2010)

OPTION

I

(10/11)

OPTION

II

(11/12)

OPTION

III

(12/13)

OPTION

IV

B.11. TOTAL PROFESSIONAL SERVICES COSTS

FIRST

YEAR

(2009/2010)

OPTION

I

(10/11)

OPTION

II

(11/12)

OPTION

III

(12/13)

OPTION

IV

B-6

SECTION C

WORK STATEMENT

C.1. BACKGROUND

Congress established the United States Tax Court to provide a court in which tax deficiencies determined by the Commissioner of Internal Revenue could be litigated without first being paid. The history of the Tax Court began with the Revenue Act of 1924 which created the United States Board of Tax Appeals. In 1942, the Court’s name was changed to the Tax Court of the United States, and in 1969, as part of the Tax Reform Act passed that year, Congress established it as a court of record under Article I of the Constitution and gave it its current name.

The Tax Court is a national court composed of 19 Judges who are appointed by the President, with the advice and approval of the Senate, to serve a 15-year term. Judges, assisted by Senior Judges on recall and Special Trial Judges, conduct trial sessions in more than 80 cities throughout the United States. The judges and support staff are headquartered in Washington, D.C.

The Court maintains a local area network (LAN), which now supports approximately 300 computer users. It was first implemented in the early 1990s as a way to provide the Court's Judges and employees access to Blackstone, the Court’s highly customized case and document management system. At the time, the network also provided users with access to email and the ability to share printers and documents within a Judge’s chambers or a Court office.

The Court’s network infrastructure, security, servers, software, services and other components that make up the existing Tax Court enterprise have been improved, enhanced, and updated over the years as technology has evolved.

The Court currently operates in a Windows network environment consisting of over twenty Windows servers (Windows 2003 & 2008), three HP 3000 minicomputers (Blackstone Main, Blackstone Backup and Blackstone Web), two SANs (Production and Backup) and various workstations providing specialized functions. Multiple applications are supported in this environment, including Blackstone and its related applications, Microsoft Dynamics GP (Great Plains) and a host of smaller, custom-built and off-the-shelf applications. The Court has two Web Servers which provide information to the public via the Internet. Some information on the site is accessible to all, while other information is accessible only to practitioners admitted to practice before the Court and qualified petitioners via the Court’s eAccess system and over a secure SSL connection.

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Depending on the nature of the work involved, a networked desktop and/or notebook computer is provided to Court employees. The Court’s mobile users connect back to their desktop computers securely over the Internet for access to the Court’s network resources.

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

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

Support and Maintenance:

All the products comprising the United States Tax Court enterprise require constant maintenance as the various vendors release patches, updates, security fixes, etc. The majority of the maintenance work must be performed during off-hours so as not to interfere with the availability and/or use of the Court’s network and systems.

Problem Identification:

Whenever a problem is reported by a user or by the Court’s Office of Information Systems (OIS), the cause of the problem must be promptly identified and fixed, regardless of which of the numerous products utilized by the Court is at fault.

Security and Integrity:

The Court deals with confidential, personal and sensitive information; therefore, the security of the enterprise is of prime importance. In addition, measures must be taken to prevent Tax Court users from being victimized by Web sites to which they browse or from which they download information. Any downtime for users or a portion of the enterprise is unacceptable.

Performance:

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

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C.2. SCOPE OF THE CONTRACT

Under this agreement, the offeror shall provide the following information technology support services in consideration of the payment schedules listed in Section B:

Enterprise Support The enterprise support component of this solicitation will be awarded on a fixed-price basis. The offeror shall provide the enterprise support services described in this section in consideration of the payment schedules listed in Sections B.2 and B.3.

Professional Services The professional services component of this solicitation will be awarded on a labor-hour basis. The offeror shall provide the professional services described in this section in consideration of the hourly rates for the various skill categories listed in Sections B.4 through B.11.

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C.3. ENTERPRISE SUPPORT

The offeror shall provide the Tax Court with comprehensive enterprise support to include network, server, desktop, security and other IT support, maintenance, management and monitoring as outlined below and for all products and services listed in Appendix A, Section J.

In order to efficiently and effectively accomplish enterprise support on behalf of the Tax Court, in-depth knowledge, understanding and experience with all of the products listed in Appendix A is REQUIRED.

Support Hours:

• Normal support hours are 8:00 a.m. - 8:00 p.m. Eastern time, Monday through Saturday.

Request for support beyond 8:00 a.m. - 8:00 p.m. Monday - Saturday (including Sundays and Federal holidays) will be handled on a Labor/Hour basis and fall under Professional Services in Section C.5.

• Four (4) business hour response time. Corrective action must be initiated within four business hours of receiving a request for support from the Court’s Office of Information Systems (OIS). Once begun, work must continue until completion. Requests are submitted via e-mail or FAX. Emergency support is addressed below in Section C.7.

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

• Maintain 99.9% enterprise uptime. Whenever a perceptible degradation in performance occurs, it must be promptly identified and remedied. Whenever a problem is reported by a user or by OIS, the cause of the problem must be promptly identified and fixed.

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

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

• Maintain, manage and monitor all data network reporting and monitoring systems and spam filtering appliances. Includes installation and configuration as required.

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

• Maintain, manage and monitor SAN hardware and software and Fiber Channel Switches.

Includes installation and configuration as required.

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• Maintain and monitor HP 3000 hardware and related products, including MPE, NetBase, Reflection and Adager. Includes installation and configuration as required.

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

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

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

• Provide, manage and maintain the highest degree of network, data and computer security.

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

• Provide network activity reports as requested by the Court.

• Coordinate routine system maintenance and/or other enterprise software or hardware changes to occur “off-hours” (after 6:00 p.m. and before 6:00 a.m. on weekdays and weekends) to minimize disruptions in system accessibility. OIS must be informed of planned maintenance so that advanced notification can be sent to the Court’s network users.

• Develop and maintain a system software and data backup routine that does not interfere with normal working hours (8:00 a.m. - 4:30 p.m.). Store backups at off-site location.

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

• Coordinate all network hardware and software updates to minimize disruptions in system accessibility. All maintenance must be performed “off-hours”.

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

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

• Ensure any changes to the network do not adversely affect access to any of the Court’s systems. All maintenance must be performed “off-hours”.

• Properly test all hardware changes, firmware/software patches, etc., and consult with

C-5 other Court IT contractors before implementation to be sure all applications will function properly once change is applied. All maintenance must be performed “off-hours”.

• Provide recovery services to include development of a disaster recovery process and operational backup and recovery plans.

Systems Administration, Desktop, Mobile and other IT Support:

• Perform daily on-site systems administration and operational duties such as adding/removing users from the network and provisioning network resources, performing system software and data backups and retrieving deleted files for users as requested by OIS. Full-time on-site systems manager/operations type personnel required.

• Provide user support such as distribution of system reports or troubleshooting user problems as requested by the Court. Full-time on-site systems manager/operations type personnel required.

• Perform routine maintenance, such as replacement of printer toner cartridges or other duties as requested by the Court. Full-time on-site systems manager/operations type personnel required.

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

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

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

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

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

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

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

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

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

• Documented experience with HP 3000 hardware systems and related products including Multi-Programming Executive (MPE), NetBase shadowing, Reflection terminal emulation software, Adager and DTC Manager.

• Documented Federal Government IT support contracting experience.

C.5. PROFESSIONAL SERVICES

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

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

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

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

C.6. EMERGENCY MAINTENANCE

The contractor shall provide the Court with emergency maintenance as determined by the COTR, or designee, to ensure uninterrupted, error free, and wholly serviceable operation of existing computer systems and future systems.

C.7. EMERGENCY MAINTENANCE PROCEDURES

The contractor shall provide emergency maintenance on an expedited basis whenever the COTR, or designee, informs the contractor that a need has been identified. The contractor shall provide the name and telephone number of the individual responsible for providing emergency maintenance. In addition, if a different individual from above is used, the contractor must provide the U.S. Tax Court COTR, or designee, with a name and telephone number to call between the hours of 8:00 a.m. and 8:00 p.m. during work days.

The contractor shall respond within three (3) hours when emergency maintenance is required. If the problem is corrected by telephone or other remote support within one (1) hour, on-site emergency maintenance is not required. However, if the problem is not resolved by telephone or other remote support within one (1) hour, the contractor must then respond within the next two (2) hours with on-site emergency maintenance.

C.8. TRAVEL

The Court will reimburse for travel expenses incident to performance of these contract provisions at the Tax Court headquarters to the extent they are proper and consistent with travel expenses allowed to federal employees. These include transportation, lodging, meals, and incidental expenses, as required. Reimbursement for transportation is limited to the cost of coach-class travel, whether by air, train, or other means. If travel by privately-owned automobile is determined to be more advantageous to the Government, the contractor shall be reimbursed at the current rate per mile, plus parking fees, ferry fares, bridge, road and tunnel tolls. Costs incurred for lodging, meals, and incidental expenses shall be considered to be reasonable and allowable to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations promulgated by the United States General Services Administration.

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C.9. EXPECTED TERM OF CONTRACT

Initial Award: December 1, 2009, through November 30, 2010 First Option: December 1, 2010, through November 30, 2011 Second Option: December 1, 2011, through November 30, 2012 Third Option: December 1, 2012, through November 30, 2013 Fourth Option: December 1, 2013, through November 30, 2014

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SECTION D

PACKAGING AND MARKING

NOT APPLICABLE

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SECTION E

INSPECTION AND ACCEPTANCE

Clauses Incorporated by Reference

JP3 Clause 2-5A Inspection of Products.

JP3 Clause 2-5B Inspection of Services.

JP3 Clause 2-10 Responsibility of Products.

E-1

SECTION F

DELIVERIES AND PERFORMANCE

F.1. REQUIREMENTS

A component of this contract is for labor hour/services/indefinite delivery as specified in PART I, SECTION C, WORK STATEMENT. The hours specified are estimates only and are not purchased by this contract. Except as otherwise provided in this contract, if the Court's requirements do not result in orders as "estimated" in Section B, Parts 4 through 11, that fact shall not constitute the basis for an equitable price adjustment.

F.2. ORDERING

The Court shall order the services specified and the contractor shall furnish them when ordered. Performance shall be at the location designated in the orders issued in accordance with the contract.

Except for any limitations in the contract, there is no limit on the number of orders that may be issued.

Any order issued during the effective period of this contract and not completed within that time, shall be completed by the contractor within the time specified in the order. The contract shall govern the contractor's and the Court's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period.

Any services to be furnished under this contract shall be ordered only by the individuals designated by the Contracting Officer at time of award. Such orders may be issued from December 1, 2009 through November 30, 2010, or such additional term as provided in the Schedule or elsewhere in the contract for Options or Extensions.

All orders are subject to the terms and conditions of this contract. In the event of conflict between an order and this contract, the contract shall control.

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F.3. ADDITIONAL CLAUSES

JP3 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 Court $1,000 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 Court 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 Court may reasonably obtain delivery or performance of similar 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.

JP3 Clause 2-25A Delivery Terms and Contractor’s Responsibilities.

JP3 Clause 2-60 Stop-Work Order.

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SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION OFFICE

This contract will be administered by:

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

G.2 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

(COTR)

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

Scott Goodrick (COTR) United States Tax Court

400 Second Street, N.W., Room 206 Washington, D.C. 20217-0002

G.3 DEFINITIONS AND SUBSTITUTION OF TERMS

The parties to this contract agree to abide by the applicable provisions and clauses of the Judiciary Procurement Program Procedures (JP3). All references to the “Judiciary” or the “Administrative Office of the United States Courts”appearing in any JP3 provision or clause incorporated by reference herein shall be deemed to refer to the United States Tax Court.

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G.4 ADDITIONAL CLAUSES

JP3 Clause 7-1 Contract Administration.

(a) The contracting officer and contracting officer's technical representative for the contract will be the Court's primary points of contact during the performance of the contract. The contracting officer responsible for the administration of this contract will provide a cover letter providing the contracting officer's name, business address, e-mail address, and telephone number.

Written communications from the contractor shall make reference to the contract number and shall be mailed to the address provided in the cover letter. Communications pertaining to contract administration matters will be addressed to the contracting officer.

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

JP3 Clause 7-5 Contracting Officer’s Technical Representative.

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

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

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

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

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

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

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

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

JP3 Clause 7-10 Contractor Representative.

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

Name:

Address:

Telephone:

Email:

Fax:

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

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PART 1

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. Emergency Maintenance

Full compliance with the procedures set forth for emergency maintenance described in Section C.7, Emergency Maintenance Procedures, is a critical element of the work requirement. The proposal submitted by an offeror must clearly demonstrate experience, methodology, ability, and supervision to ensure successful delivery of this service.

H.2. Clauses and Provisions Incorporated by Reference

JP3 Clause 1-1 Employment by the Government JP3 Provision 3-75 Limited Criminal Background Suitability.

JP3 Clause 7-55 Contractor Use of Court’s Networks

H-1

PART II

SECTION I

CONTRACT CLAUSES

JP3 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 the following address:

http://www.uscourts.gov/procurement/clauses.htm

JP3 Clause 1-5 Conflict of Interest

JP3 Clause 1-10 Gratuities or Gifts

JP3 Clause 1-15 Disclosure of Contractor Information to the Public

JP3 Clause 2-20C Warranty of Services

JP3 Clause 2-50 Continuity of Services

JP3 Clause 2-90C Option to Extend Services.

The Court may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The contracting officer may exercise the option by written notice to the contractor within 20 calendar days prior to the then current expiration date of this contract.

JP3 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 within 30 calendar days prior to the then current expiration date of this contract; provided that the Court gives the contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Court to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, 6 months.

I-1

JP3 Clause 3-25 Protecting the Court’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

JP3 Clause 3-35 Covenant Against Contingent Fees.

JP3 Clause 3-40 Restrictions on Subcontractor Sales to the Court.

JP3 Clause 3-45 Anti-Kickback Procedures.

JP3 Clause 3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

JP3 Clause 3-55 Price or Fee Adjustment for Illegal or Improper Activity.

JP3 Clause 3-65 Limitation on Payments to Influence Certain Federal Transactions.

JP3 Clause 3-120 Order of Precedence.

JP3 Clause 3-140 Notice to the Court of Labor Disputes.

JP3 Clause 3-150 Contract Work Hours and Safety Standards Act–Overtime Compensation.

JP3 Clause 3-155 Walsh-Healey Public Contracts Act.

JP3 Clause 3-160 Service Contract Act of 1965, as Amended.

I-2

JP3 Clause 3-170 Statement of Equivalent Rates for Federal Hires.

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the Court in Washington, D.C., subject to the provisions of 5 U.S.C. § 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

GS-13 (Step 1) $86,927 (plus fringe benefits of approximately 20%)

GS-14 (Step 1) $102,721 (plus fringe benefits of approximately 20%)

GS-15 (Step 1) $120,830 (plus fringe benefits of approximately 20%)

JP3 Clause 3-175 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts)

JP3 Clause 3-205 Protest After Award.

JP3 Clause 4-30 Payment (Time-and-Materials and Labor-Hour Contracts).

JP3 Clause 6-20 Insurance–Work on a Court Installation.

JP3 Clause 6-25 Insurance–Liability to a Third Person.

JP3 Clause 6-30 Insurance.

JP3 Clause 6-40 Federal, State, and Local Taxes

JP3 Clause 6-55 Delivery of Limited Rights and Restricted Computer Software.

I-3

JP3 Clause 6-60 Rights in Data–General.

(a) The government has unlimited rights in:

(1) technical data first produced in the performance of this contract (except to the extent that they constitute minor modifications of data that are limited rights data);

(2) form, fit, and function data delivered under this contract; except that all form, fit, and function data describing limited rights data shall be delivered with unlimited rights;

(3) technical data delivered under this contract that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and

(4) all other technical data delivered under this contract, unless provided otherwise.

(b) The contractor shall not have the right to:

(1) use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the contractor in the performance of this contract, unless otherwise provided in this clause or expressly set forth in this contract;

(2) the contractor agrees that to the extent it receives or is given access to data necessary for the performance of this contract which contains restrictive markings, the contractor shall treat the data in accordance with such markings, unless otherwise specifically authorized in writing by the contracting officer.

(c) Copyright

(1) Data first produced in the performance of this contract. The prior, express, written permission of the contracting officer is required to establish claim to copyright in all data first produced in the performance of this contract. When claim to copyright is made, the contractor shall affix the applicable copyright notices and acknowledgment of government sponsorship (including contract number) to the data when such data are delivered to the government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. For such copyrighted data, the contractor grants to the government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the government.

(2) Data not first produced in the performance of this contract. The contractor shall not, without prior written permission of the contracting officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and which contains a copyright notice, unless the contractor identifies such data to the Court and grants to the Court, or acquires on its behalf, a license to reproduce, prepare derivative works, distribute copies to the public, and display and perform publicly, by or on behalf of

I-4 the government.

(d) Unauthorized Marking of Data.

(1) If any technical data delivered under this contract are marked with the notice specified in paragraph (f) below and the use of such a notice is not authorized by this clause, or if the data has any unauthorized restrictive markings, the contracting officer may at any time either return the data or cancel the markings. The contracting officer shall afford the contractor 30 days to provide a written justification to substantiate the propriety of the markings. Failure to timely respond may result in the cancellation of the markings.

(e) Omitted or Incorrect Markings.

(1) Technical data delivered to the Court without limited rights notice authorized by paragraph (f) below, or the copyright notice required by paragraph (c) above, will be deemed to have been furnished with unlimited rights, and the Court assumes no liability for disclosure outside the Court. The contractor may request, within six months after delivery of the data, permission to have notices placed on qualifying data and the contracting officer may agree to do so if the contractor:

i) acknowledges that the Court has no liability with respect to the disclosure, use, or reproduction of any such data made before the addition of the notice.

ii) demonstrates that the omission of the notice was inadvertent; and

iii) establishes that the use of the proposed notice is authorized.

(f) Protection of Limited Rights Data. When technical data are specified to be delivered under this contract and such data qualify as limited rights data, the contractor shall affix the following Limited Rights Notice to the data:

These technical data are submitted with limited rights under contract number _____________. These data may be reproduced and used by the Court with the express limitation that they will not be used for purposes other than those specified herein:

This notice shall be marked on any reproduction of these data.

(g) Protection of Restricted Computer Software. When restricted computer software are specified to be delivered under this contract and such software is determined to qualify as restricted computer software, the contractor shall affix the following notice to the data:

(1) This computer software is submitted with restricted rights under contract number _________. It may ___may not ____be used, reproduced, or disclosed by the Court except as provided in paragraph (2) of this Notice or as otherwise expressly stated in the contract.

(2) This computer software may be:

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(a) used or copied for use in or with the computer(s) for which it was acquired, including use at any Court installation to which such computer(s) may be transferred;

(b) used or copied for use in a backup computer if any computer for which it was acquired is inoperative;

(c) reproduced for safekeeping (archives) or backup purposes;

(d) modified, adapted, or combined with other computer software, provided that the modified, combined or adapted portions of the derivative software incorporating restricted computer software are made subject to the same restricted rights;

(e) disclosed to and reproduced for use by support service contractors, provided the Court makes such disclosure or reproduction subject to the same restricted rights;

and

(f) used or copied for use in or transferred to a replacement computer.

(3) Notwithstanding the foregoing, if this computer software is published copyrighted computer software, it is licensed to the Court, without disclosure prohibitions, with the minimum rights set forth in paragraph (2) of this clause.

(4) Any other rights or limitations regarding the use, duplication or disclosure of this computer software are to be expressly stated in, or incorporated in, the contract.

(5) This notice shall be marked on any reproduction of this computer software, in whole or in part.

JP3 Clause 6-65 Rights in Data–Special Works.

JP3 Clause 6-70 Work for Hire.

JP3 Clause 6-75 Rights to Data in an Offer.

Except for data contained on pages_____, it is agreed that as a condition of award of this contract, and notwithstanding the conditions of a notice appearing thereon, the government will have unlimited rights (as defined in the "Rights in Data-General" clause in the contract) in and to the technical data contained in the offer dated ______, upon which this contract is based.

JP3 Clause 7-15 Observance of Regulations/Standards of Conduct.

JP3 Clause 7-20 Security Requirements.

JP3 Clause 7-25 Indemnification.

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JP3 Clause 7-30 Public Use of the Name of the United States Tax Court.

JP3 Clause 7-35 Disclosure or Use of Information.

JP3 Clause 7-40 Court-Contractor Relationship.

JP3 Clause 7-65 Protection of Court’s Buildings, Equipment, Vegetation.

JP3 Clause 7-75 Subcontracts

(a) Definitions as used in this clause:

1. "Approved purchasing system" means a contractor's purchasing system that has been reviewed and approved in writing.

"Consent to subcontract" means the contracting officer's written consent for the contractor to enter into a particular subcontract.

"Subcontract" means any contract entered into by a subcontractor to furnish products or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

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

(c) When this clause is included in a fixed-price type contract, consent to subcontract is required only 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 judiciary's small purchase threshold or 5 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 any subcontracts.

(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;

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(iii) identification of the proposed subcontractor;

(iv) the proposed subcontract price;

(v) the subcontractor's current, complete, and accurate cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions;

(vi) the subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract;

(vii) 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 cost or pricing data were or were not required;

(D) the extent, if any, to which the contractor did not rely on the subcontractor's cost or pricing data 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 cost or pricing data were not accurate, complete, or current; the action taken by the contractor and the subcontractor; and the effect of any such defective data 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 5 percent of the total estimated cost of this contract. The notification shall include the information required by paragraphs (f)(1)(i) through (f)(1)(iv) of this clause.

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

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(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 judiciary.

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

(k) Paragraphs (d) and (f) of this clause do not apply to the following subcontracts, which were evaluated during negotiations.

JP3 Clause 7-85 Examination of Records.

(a) The Court will have access to and the right to examine any directly pertinent books, documents, papers, or other records of the contractor involving transactions related to this contract, until three years after final payment under this contract, or for any shorter period specified for particular records.

(b) The contractor agrees to include in all subcontracts under this contract a provision to the effect that the Court will have until three years after final payment under the contract, or for any shorter specified period for particular records, have access to and the right to examine any directly pertinent books, documents, papers, or other records of the subcontractor involving transactions related to the subcontract. The term subcontract as used in this clause excludes:

(1) purchase orders; and

(2) subcontracts for public utility services at rates established for uniform applicability to the general public.

JP3 Clause 7-95 Contractor Inspection Requirements.

JP3 Clause 7-100B Limitation of Liability (Services).

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JP3 Clause 7-110 Bankruptcy.

JP3 Clause 7-115 Availability of Funds.

JP3 Clause 7-120 Availability of Funds for the Next Fiscal Year.

Funds are not presently available for performance under this contract beyond September 30, 2010. The Court's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Court for any payment may arise for performance under this contract beyond September 30, 2010, until funds are made available to the contracting officer for performance and until the contractor receives notice of availability, to be confirmed in writing by the contracting officer.

JP3 Clause 7-125 Invoices.

JP3 Clause 7-130 Interest (Prompt Payment).

JP3 Clause 7-135 Payments.

JP3 Clause 7-140 Discounts for Prompt Payment.

JP3 Clause 7-150 Extras.

JP3 Clause 7-185 Changes.

JP3 Clause 7-195 Excusable Delays.

JP3 Clause 7-205 Payment for Court Holidays.

JP3 Clause 7-210 Payment for Emergency Closures.

JP3 Clause 7-215 Notification of Ownership Changes.

JP3 Clause 7-223 Termination for Convenience of the Court (Short Form).

JP3 Clause 7-230 Termination for Default–Fixed Price Products and Services.

JP3 Clause 7-235 Disputes.

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PART III

SECTION J

LIST OF ATTACHMENTS

1. (Appendix A) United States Tax Court Enterprise Support Items

2. (Appendix B) Additional Hardware and Software Information

3. (Appendix C) Department of Labor Wage Determination 94-2103 Rev. (32) dated

06/02/2009

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APPENDIX A

UNITED STATES TAX COURT ENTERPRISE SUPPORT ITEMS

Networking - Cisco

Product

Cisco Router Configuration

Cisco Router IOS Updates

Cisco Router Troubleshooting

Cisco Switch Configuration

Cisco Switch IOS Updates

Cisco Switch Troubleshooting

Cisco ASA Firewall Configuration

Cisco ASA Firewall OS Updates

Cisco ASA Firewall Troubleshooting

Cisco IPS Configuration

Cisco IPS OS Updates

Cisco IPS Troubleshooting

Cisco MARS Appliance: Intrusion Detection and Remediation, Configuration and Monitoring

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ENTERPRISE SUPPORT (CONT)

Networking - Non-Cisco

Product

Kiwi Syslog Reporting

Monitoring Firewall Logs

Websense Web Security Configuration and Reporting

Surfcontrol Reporting (as needed for pre-Websense activity)

WhatsUpGold Network Monitoring and Reporting

Ipswitch Imail Server

MailFoundry Spam Appliances (2) Configuration and Monitoring

PatchlinkXL Vulnerability Detection

Firegen Firewall Reporting

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Server Products - Microsoft

Product

Windows 2003-X86 Configuration and Support

Windows 2003-X64 Configuration and Support

Windows 2008-X64 Configuration and Support

SQL2000

SQL2005

SQL2000 Reporting Services

SQL2005 Reporting Services

IIS 6.0

IIS 7.0

Windows SUS

Exchange 2003 SP2

Remote Outlook Access

Mobile Outlook Access for Treo’s

Active Directory

Group Policy

ISA2004 Firewall

Win2008 Terminal Services Gateway

Hyper-V

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Server Products - Non-Microsoft

Product

Scriptlogic Desktop Authority

Scriptlogic MSI Studio

Scriptlogic Desktop Authority Password Self-Service

Backup Exec for Windows

Doubletake Replication

WebLogExpert IIS Reporting

Symantec Endpoint Security

Symantec Mail Server for Exchange

HP CommandView Management Software

HP Replication Solutions Manager

Diskkeeper Server Undelete

Citrix XenDesktop

Citrix Secure Gateway

Tumbleweed Client

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Hardware Configuration and Troubleshooting

Product

HP EVA4xxx Fiber Channel SANs

Brocade Fiber Channel Switches

Proliant Servers

ThinkPad Laptops

Compaq Desktops

HP 3000 Products

Product

MPE

Netbase

Reflections

Adager

Desktop Assistance

Product

Problem Determination

Desktop Master Creation and deployment procedures

Laptop Master Creation and Deployment Procedures

Ghost

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PROFESSIONAL SERVICES (Certifications and/or documented experience)

Service Type Description

Systems Administrator (MCSA type) Systems management/operations

Network Professional (CCNP type) Network problem resolution, configuration and management

Network Security Professional (CCSP type)

Firewalls, IPS’s, ISA Server, Server Security, Websense, etc.

Systems Engineer for Windows (MCSE type)

Windows, Active Directory, IIS, DAPSS, Desktop Authority, etc.

Systems Engineer for Other (MCTS type)

Exchange, MailFoundry, Treos, Remote Outlook, Utimaco, SAV, Backup Exec, DoubleTake, etc.

SQL Server DB Analyst/Admin (MCDBA type)

Data Base administration, security, etc.

Senior Enterprise/Network Analyst Enterprise Architect, Big Picture, overall network, Servers, analysis and design

NOTES:

1. Hours of support coverage are 8AM to 8PM Monday - Saturday.

2. Court submits error report to initiate corrective action (e-mail or FAX).

3. Corrective action must be initiated within 4 business hours; work to completion.

4. Client provides continuous manufacturer maintenance.

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APPENDIX B

ADDITIONAL HARDWARE AND SOFTWARE INFORMATION

Servers: Twenty-five (25) HP ProLiant servers in varying configurations.

(DL380 G4, DL370 G4, DL360 G4, DL320 G4, DL360 G5,

DL360 G4p, DL120 G5).

Minicomputers One (1) HP 3000 Series 969 (Main Blackstone) One (1) HP 3000 Series 969 (Blackstone Backup) One (1) HP 3000 Series 918 (Blackstone Web)

Disk Information One (1) TB of used local hard drive space across the 20 servers.

1.3TB of used SAN space for Live Blackstone Servers.

Approximately 25-30 GB of disk updates daily, primarily during "normal" working hours, peaking around mid afternoon.

Internet Connections 12Mb Internet connection for outbound browsing and well as web/email inbound.

6Mb Internet connection devoted primarily to servicing the Practitioner/Petitioner Secure Access (eAccess).

Local PCs and Workstations integral to the overall operation

8 Local Windows XP SP3 PC's for Special Functions and Local Management.

SAN Production SAN: 4Gb FC fully redundant, brocade switches, 6TB net usable.

Backup SAN: 2Gb FC fully redundant, brocade switches, 6TB net usable.

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Desktop and Notebook Computers

330 HP Compaq dc 7800 Small Form Factor, 4 GB of memory, 120 GB disk, Gb NICs.

50 IBM ThinkPad T60, Core Duo, 1 GB of memory, 80 GB disk, Gb NICs.

30 IBM ThinkPad T61, Core2Duo, 3 GB of memory, 160 GB disk, Gb NICs.

Routers 4 Cisco 2851

Switches 21 Cisco Catalyst 3560-E24TD-S

13 Cisco Catalyst 3560-E48TD-S

Security 2 Cisco ASA 5520

2 Cisco IPS

1 Cisco MARS

Spam Appliances 2 MailFoundry spam appliances

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05-2104 Wage Determination.txt WD 05-2104 (Rev.-10) was first posted on www.wdol.gov on 06/02/2009

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2005-2104 Shirley F. Ebbesen Division of | Revision No.: 10 Director Wage Determinations| Date Of Revision: 05/26/2009 States: District of Columbia, Maryland, Virginia

Area: District of Columbia Statewide Maryland Counties of Calvert, Charles, Frederick, Montgomery, Prince George's, St Mary's Virginia Counties of Alexandria, Arlington, Fairfax, Falls Church, Fauquier, King George,…