15JA0524Q00000017.pdf

15JA0524Q00000017 Page 1 of 61

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15JA0524Q00000017

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

01/03/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

01/24/2024 05:00 ET

CODE 15JA05

Executive Office for United States Attorney

175 N Street NE

6th Floor

Washington, DC 20530-0021

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

611430

SIZE STANDARD:

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

X

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15JA72CODE15. DELIVER TO

Executive Office for United States Attorney 1620 Pendleton St Columbia, SC 29201

Doreen Smith, doreen.smith@usdoj.gov, 803-705-5152

CODE 15JA0516. ADMINISTERED BY

Executive Office for United States Attorney 175 N Street NE 6th Floor Washington, DC 20530-0021

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY usanac.contracting@usdoj.gov

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Continuing Legal Education (CLE) training and accreditation services

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Bryant Gilbertson

31c. DATE SIGNED

01/03/2024

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

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19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

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Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency

(OCT 2007)

OBD-01 Electronic Signatures (MAY 2019) 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-1 Disputes (May 2014) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Dec 2023) 52.217-5 Evaluation of Options (July 1990) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2023)

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Continuing Legal Education (CLE) Accreditation Services

Firm Fixed Price

PSC: U008

Line Period of Performance: 04/01/2024 - 03/31/2025

Base Period

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Continuing Legal Education (CLE) Online Programming Services

Firm Fixed Price

PSC: U008

Line Period of Performance: 04/01/2024 - 03/31/2025

Base Period

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Project/Account Manager services

Labor Hours

PSC: U008

Line Period of Performance: 04/01/2024 - 03/31/2025

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Continuing Legal Education (CLE) Accreditation Services

Firm Fixed Price

PSC: U008

Line Period of Performance: 04/01/2025 - 03/31/2026

Option Period 1

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 Continuing Legal Education (CLE) Online Programming Services

Firm Fixed Price

PSC: U008

Line Period of Performance: 04/01/2025 - 03/31/2026

Option Period 1

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003 Project/Account Manager services

Labor Hours

PSC: U008

Line Period of Performance: 04/01/2025 - 03/31/2026

Option Period 1

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 Continuing Legal Education (CLE) Accreditation Services 12 MO $________ $_________________

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Firm Fixed Price

PSC: U008

Line Period of Performance: 04/01/2026 - 03/31/2027

Option Period 2

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 Continuing Legal Education (CLE) Online Programming Services

Firm Fixed Price

PSC: U008

Line Period of Performance: 04/01/2026 - 03/31/2027

Option Period 2

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2003 Project/Account Manager services

Labor Hours

PSC: U008

Line Period of Performance: 04/01/2026 - 03/31/2027

Option Period 2

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Continuing Legal Education (CLE) Accreditation Services

Firm Fixed Price

PSC: U008

Line Period of Performance: 04/01/2027 - 03/31/2028

Option Period 3

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 Continuing Legal Education (CLE) Online Programming Services

Firm Fixed Price

PSC: U008

Line Period of Performance: 04/01/2027 - 03/31/2028

Option Period 3

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3003 Project/Account Manager services

Labor Hours

PSC: U008

Line Period of Performance: 04/01/2027 - 03/31/2028

Option Period 3

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 Continuing Legal Education (CLE) Accreditation Services

Firm Fixed Price

PSC: U008

Line Period of Performance: 04/01/2028 - 03/31/2029

Option Period 4

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 Continuing Legal Education (CLE) Online Programming Services

Firm Fixed Price

12 MO $________ $_________________

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PSC: U008

Line Period of Performance: 04/01/2028 - 03/31/2029

Option Period 4

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4003 Project/Account Manager services

Labor Hours

PSC: U008

Line Period of Performance: 04/01/2028 - 03/31/2029

Option Period 4

0 HR $________ $_________________

Statement of Work

TO ALL POTENTIAL OFFERORS:

REQUEST FOR PROPOSAL (RFP)

1.0 Introduction

The Executive Office for United States Attorneys (EOUSA) is issuing this competitive Request for Proposal (RFP) to solicit contractors in accordance FAR Part 13.

2.0 Agency Mission/Background

The Executive Office for United States Attorneys (EOUSA) was created on April 6, 1953, by AG Order No. 8-53 to provide for close liaison between the Department of Justice (DOJ) in Washington, D.C., and the 93 United States Attorneys located throughout the 50 states, the District of Columbia, Guam, the Marianas Islands, Puerto Rico, and the U. S. Virgin Islands. EOUSA provides the 93 United States Attorneys general executive assistance and direction, policy development, administrative management direction and oversight, operational support, and coordination with other components of the Department and other federal agencies. These responsibilities include certain legal, budgetary, administrative, and personnel services, as well as legal education.

EOUSA provides general executive assistance and supervision to the 94 Offices of the United States Attorneys (USAOs). One of the major functions of EOUSA is to supervise the operation of the Office of Legal Education (OLE), a component of EOUSA, responsible for coordinating legal education and attorney training for DOJ and other departments and agencies of the Executive Branch. OLE’s target audience also extends to Indian tribal governments, as well as some state and local government personnel.

OLE operates a residential training facility at the Ernest F. Hollings National Advocacy Center (NAC), located on the campus of the University of South Carolina (USC) in Columbia, South Carolina. The NAC houses classrooms, guest lodging, a dining facility, and a television studio. As needed, OLE also conducts off-site training on a regional basis and in Washington, DC. In addition to residential classroom training, OLE produces and distributes distance education programs, including videos-on-demand, live webinars, recorded webinars, podcasts, training websites, online courses, and print materials. Among OLE’s staff is the Justice Television Network (JTN) and Media Services.

OLE has been an accredited CLE provider for many years for OLE-sponsored training. It is a major provider of CLE credit for DOJ attorneys and other attorneys who participate in OLE-sponsored training. Training for which CLE credit is currently available extends to:

1. Residential training events conducted at the National Advocacy Center and other select locations nationwide.

2. Co-sponsored training events conducted at USAOs nationwide, EOUSA, DOJ Litigating Divisions, and other DOJ offices.

3. Webinars (via WebEx) conducted by the Office of Legal Education (OLE) for which CLE credit is sought.

Continuing Legal Education (CLE) credit is required for most attorneys to maintain their licenses to practice law, including attorneys employed by the Department of Justice (Department). The Office of Legal Education (OLE) processes CLE credit for attorneys who

15JA0524Q00000017 Page 7 of 61 participate in OLE-sponsored training. OLE seeks a vendor capable of administratively processing CLE credit for the thousands of attorneys who participant in OLE-sponsored training annually. The vendor must develop and use a CLE processing system that leverages modern technology and paperless processing to render services that are accurate, reliable, efficient, and timely. The CLE processing system must also be easily and readily accessible, simple to use, and have a very substantial capacity to store CLE data.

Additionally, despite the variety of OLE-sponsored training, OLE does not have the capability to provide on-demand CLE programming, an important service for attorneys who are unable to attend our live courses at the NAC. OLE has for several years contracted for online and on-demand CLE training through commercial contractors. Also, providing credit for OLE-sponsored training involves administrative processing, both on the front end and the back end of the training. Since May 2015, the system has been modernized by employing information technology for all phases of the administrative process of applying for, receiving, storing, and accessing CLE credit.

3.0 Description of Services

Task#1:

The contractor shall develop and implement a state-of-the-art CLE administrative processing system that will encompass the following capabilities:

• Employ user-friendly, electronic methods that allow course participants to report and apply for CLE credit online.

• Employ a system for calculating and reporting the number and types of CLE credits (e.g., general CLE, ethics, professionalism, etc.) as required by CLE states.

• Employ a system for calculating and reporting the number and types of CLE credits for attorneys who serve as instructors during training events. In many states and jurisdictions, instructor CLE credits are calculated and reported differently than credits for mere participation in the training.

• No later than 45 days after conclusion of the training event, issue Certificates of Attendance or make such certificates available online to training participants who complete OLE-sponsored training and who timely apply for CLE credit. This includes Certificates of Attendance for instructors. All Certificates of Attendance must accurately meet all requirements for each jurisdiction and include attendee-specific information.

• Immediately notify OLE in writing within one business day whenever vendor is made aware that Certificates of Attendance are not issued or made available online within the 45-day deadline, including an explanation for any failures to meet the deadline and an estimate of when the certificates will be issued.

• Apply in a timely manner for CLE approval within the deadlines established by state and jurisdictional CLE regulators, but not later than 30 days after the training event, and sooner if necessary to meet the 45-day deadline for issuance of Certificates of Attendance to training participants.

• Apply for CLE pre-approval in those states and jurisdictions when required by CLE regulators and apply to other states and jurisdictions as needed to meet the 45-day deadline for issuance of online Certificates of Attendance.

• Immediately notify OLE in writing within one business day whenever vendor is made aware that application for CLE approval exceeds 30 days after the training event, including an explanation for any failures to meet the 30-day deadline and an estimate of when the approvals will be received.

• Following each OLE-sponsored residential and remote training event for which CLE credit is requested, send at least 2 electronic reminders to training participants reminding them of the deadline for applying online for CLE credit. The reminders must be sent during the period that training participants are allowed to submit applications for CLE credit. The reminders must be spaced at least 2 days apart, must remind participants of the deadlines for applying for CLE credit for the training, and must remind them of the instructions for online application for CLE credit.

• When and where appropriate, or upon request, be able to process CLE credits using OLE’s accredited CLE provider status rather than the vendor’s own accredited CLE provider status.

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• Electronically create and track records of CLE credits for all training participants, including instructors, who apply for CLE credit for their participation in OLE-sponsored training events.

• Electronically store and maintain CLE records for a period of at least 10 years for all participants in OLE-sponsored training.

• For a period of at least 10 years, make CLE records electronically available to individuals who participate in OLE-sponsored training, including participants who were non-members of the Department at the time of the training or who subsequently leave the Department during the 10-year period following the training.

• Process CLE credit for up to 240 events each contract year, including but not limited to live, in-person events conducted at the NAC or conducted at a remote location sponsored by OLE; web-based (via WebEx) events sponsored by OLE; and live, in-person training events conducted at remote DOJ and U.S. Attorneys’ Offices locations across the U.S. which are co-sponsored by OLE.

• Process CLE credit in all the states and jurisdictions as needed to obtain CLE credit for all training participants.

“Processing” includes, among other things: building online software forms and communication tools; seeking CLE approval for training events from CLE regulators; receiving attendee and instructor requests for CLE credit; submitting and reporting the applications to CLE regulators to obtain CLE credit for applicants; creating and delivering Certificates of Attendance to attendees and instructors; providing customer service forums to attendees, instructors, and OLE; storing and maintaining CLE records for training participants; and providing reports to OLE.

The contractor shall provide the following administrative assistance in support of the CLE program and shall:

• Acquire and maintain active status as an accredited CLE provider in mandatory CLE states and jurisdictions or, alternatively, enable compliance with mandatory CLE requirements by all training participants with mandatory CLE requirements (e.g., gaining CLE credit in the state of New Jersey through compliance with New York requirements).

• Know, understand, monitor, and stay abreast of CLE rules for all mandatory CLE states and jurisdictions. This includes, but is not limited to the following topics: credit calculation; rounding rules; minimum credit requirements; partial credit calculation; speaker credit calculations; filing deadlines, including any late fees; documentation, including processes and required paperwork to meet the requirements of all U.S. jurisdictions; appeals processes, should CLE credit be denied;

attorney self-filing; reciprocity; and accredited provider status and presumptively approved provider status, including cost/ benefit analysis of such.

• Evaluate OLE-sponsored training agendas to assist in determining compliance with CLE accreditation rules across all states and jurisdictions and advise OLE of any compliance issues or concerns.

• Process all applications for CLE credit for OLE-sponsored residential, distance, and blended training, including live events and live webcasts. This includes training events conducted at remote locations outside the NAC (e.g., training conducted by the Litigating Divisions, EOUSA, U.S. Attorneys Officers (USAOs), etc.). The number of training events covered by the contract will include up to 240 events each contract year.

• Where required or otherwise appropriate, timely seek pre-approval of OLE-sponsored training from CLE states and jurisdictions.

• Where appropriate, immediately notify OLE of any requirements for follow-up training materials requested by CLE states and jurisdictions and necessary to obtain CLE approval for OLE-sponsored training.

• After the conclusion of OLE-sponsored training, make all necessary contacts with CLE states and jurisdictions, and take all administrative actions necessary to obtain CLE credit for training participants who seek CLE credit.

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• When and where required, or upon request, report training attendance to CLE states and jurisdictions for all OLE-sponsored training participants who desire CLE credit, except in self-reporting states.

• Compile and submit a list of all projected (estimated) CLE administrative fees and other payments made to CLE regulators, excluding individual attorney fees and any late fees assessed due to the vendor’s failure to comply with timeliness guidelines. The list must contain projected (estimated) fees and payments for the base year and each option year and must be broken down by fee category (e.g., CLE provider fees, CLE application fees, etc.). OLE is responsible for CLE administrative fees, regulatory fees or accredited provider renewal fees paid to regulators in states that it is the accredited provider that require direct payment (i.e., states that have regulatory fees and do not allow for self-reporting in which fees can be paid directly by the bar member/training participant), except for individual attorney fees charged in connection with CLE credit. Other fees, to include but is not limited to, sponsor fees where vendor is the accredited sponsor, application fees, and any late fees assessed, shall be absorbed by vendor under this contract.

• Not later than 60 days after the expiration of the base year or an option year, as applicable, compile and submit a list of all CLE administrative fees and other payments actually made to CLE states and jurisdictions during the year, as necessary for the vendor to obtain CLE approval for training participants. This list should include CLE accredited provider fees, CLE application fees, and similar administrative costs, but excluding individual attorney CLE credit fees. The list must be broken down by state jurisdiction and then by fee category (e.g., CLE provider fees, CLE application fees, etc.).

• Provide an email address account to address inquiries from training participants regarding CLE processing and to resolve any processing or access issues and timely respond to such inquiries within 2 business days.

• Within 14 days of payment, notify OLE in writing of any late fees paid to CLE regulators due to failure to comply with state or jurisdictional timeliness guidelines. This includes any reimbursement of late fees paid by individual training participants due to failure of the vendor to comply with any deadlines, including CLE reporting requirements.

• Respond to inquiries from OLE not later than one business day of the inquiry, and be available for live telephone consultation or live, interactive e-mail communication within one business day of any inquiry from OLE.

• Within 2 business days, respond to accreditation-specific processor credit inquiries. Responses may include call-back, e-mail, or other means of communication designed to respond promptly to the individual(s) and to prevent any complaints of non-responsiveness. Vendor will immediately thereafter report in writing to OLE any such inquiries not responded to within 2 business days of receipt of the inquiry and will compile and submit to OLE a monthly report of any such failures to timely respond to inquiries. Vendor will respond to all other help desk inquiries within 2 business days.

• Make live or recorded training available to Department personnel to instruct them on how to use the system to apply for CLE credit and to access training records, and update this training as needed to ensure it is current, accurate, and available.

• Work with Department IT personnel to enable secure access to the CLE processing system for eligible personnel using internal and external Department computers.

Deliverables/Reports

1. Contractor shall provide an annual and monthly statistical report to COR of the total number of events used, including but not limited to the number of credits and certificates issued no later than January 31 of the of the succeeding calendar year and by the 8th day of the succeeding month. The reports shall include, but not be limited to:

-Total number of events processed and remaining as well as events broken down by the following:

• Total number of webinar events

• Total number of live in-person events (residential)

• Total number of live, in-person events (remote)

• Total number of trainings used

-Total number of credits and certificates issued -Total number of faculty certificates issued -Any unusual or unexpected CLE issues/problems

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2. Contractor shall provide an annual report on usage of CLE services to be provided to COR within 30 days of the end of the base year and option years. The report shall include the following:

-Total amount of training for which CLE credit was sought, broken down by category, to include:

• Live events at the NAC and events conducted at remote sites by OLE staff •Live training conducted outside the NAC (e.g., within the districts, at EOUSA, or within the litigating divisions in Washington, D.C.)

•Web-based (e.g., WebEx) training sponsored by OLE

-Any OLE-sponsored training that was disapproved for CLE credit -Total number of applicants for CLE credit -Number of help desk requests from sources other than OLE -Any unusual or unexpected CLE issues/problems

Task#2:

The contractor shall provide a comprehensive, online library of CLE programming designed to meet the various state and jurisdictional CLE requirements. All proposed programming shall have the following capabilities:

• The online library is sufficiently large in scope, content, and diversity to meet the various state, jurisdictional, and other CLE requirements. This includes providing content in a wide variety of practice areas spanning all learning levels.

• The online library contains a large and robust mixture of various types of online accessible training, including, but not limited to, videos-on-demand, live and recorded webinars, live and recorded audio, and interactive computer-based

• Programming should be current and keep pace with rapid changes in the law, including coverage of emerging legal trends as required by state jurisdictions in which to meet accreditation standards.

• Provide regular, live webcasts and other live, online training each month sufficient to meet the continuing education requirements in states and jurisdictions that require live training, to the extent the live training requirement can be met with online training.

• Employ user-friendly, electronic methods that allow easy access and easy, intuitive, user manipulation in order to complete the programming.

• Work collaboratively with OLE to aggressively publicize the online CLE programming to the target audience, including publication through internal media and through the contractor external resources, including but not limited to, providing OLE with monthly advertisements of the upcoming month’s live and on-demand programs available to users.

• Provide clear, well-designed, and well-timed instructions explaining and/or demonstrating how to access, use, and complete the online CLE programs. This includes developing and distributing user’s guides to the extent required to ensure users fully understand how to use this online CLE resource.

• Provide access to CLE programming 24 hours a day, 7 days a week (24/7), from any location using any computer with internet access, subject to DOJ and other reasonable security limitations.

• Provide toll-free, “help desk” services on a live or call-back basis, available 24/7, to address any inquiries or issues regarding access, use, or completion of online CLE programs. Live or call-back responses must be provided no later than 24 hours after receipt of the request for assistance.

• Provide electronic access to Certificates of Completion at the completion of the online CLE programming. Such certificates should be sufficient to be used by attorneys to report CLE credit to self-reporting states and jurisdictions.

These certificates must be electronically stored and available to print or download anytime at the user’s convenience, available 24/7.

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• Create and electronically track CLE records of DOJ-authorized users who participate in the online CLE programming and maintain such records and make them electronically available to such users for a period of at least 10 years, including limited availability to those training participants with no continuing affiliation with certain components of DOJ.

• Process CLE credits for DOJ-authorized users. Among other things, “processing” includes reporting the training to the states, jurisdictions, and other governing bodies from which the users seek CLE credit, where permissible and consistent with CLE reporting rules and practices.

• Process up to 8,000 DOJ-authorized users of CLE online programming. The term “DOJ-authorized users” includes all persons granted permission by appropriate DOJ training officials to have access to CLE online programming. The term “DOJ-authorized users” does not include persons employed by federal agencies and offices with independent commercial contracts for online CLE programming services (e.g., U.S. Drug Enforcement Administration; U.S. Marshals Service;

U.S. Federal Bureau of Investigation; U.S. Federal Bureau of Prisons; Executive Offices for U.S. Trustees, U.S. Trustee Program; U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the U.S. Executive Office for Immigration Review).

• Vendor must be able to provide monthly reports of enrolled and completed CLE training by its subscribed users and categorized by organization as deemed by OLE management. Vendor must provide said monthly report by the 8th day of the succeeding month.

Contractor shall provide the following administrative assistance in support of the CLE online programming services and shall:

• Acquire and maintain active status as an accredited CLE provider in mandatory CLE states and jurisdictions or, alternatively, enable compliance with mandatory CLE requirements by all DOJ-authorized users with mandatory CLE requirements.

• Know, understand, and stay abreast of all CLE rules for all mandatory CLE states and jurisdictions.

• After completion of the online CLE programming, make all necessary arrangements with CLE states and jurisdictions, and take all administrative actions necessary, to obtain CLE credit for DOJ-authorized personnel who participated in the online training and who seek CLE credit.

• Make live, recorded, and/or print training available to DOJ-authorized users to instruct them on how to access, use, and complete the CLE online programming.

• Work with OLE to confirm within 48 hours (or less) the eligibility of DOJ-authorized users for online CLE services (i.e., access licenses), to provide access to eligible personnel within 3 business days (or less) after confirmation of eligibility, to regularly and periodically determine when eligibility expires (i.e., license expiration), and to remove ineligible personnel from access to such online CLE services within 30 calendar days of notice of ineligibility from OLE (except for access to individual historical CLE records).

• Respond within 5-6 business days to DOJ requests for CLE statistical data regarding online CLE programming usage by DOJ-authorized users.

Deliverables/Reports

Contractor shall provide an annual and monthly statistical report to the COR on usage of online CLE programming services no later than January 31st of the succeeding calendar year and by the 8th day of the succeeding month. The reports shall include, but not be limited to:

-Total number of DOJ-authorized users of online programming -Identification of DOJ-authorized users (name and office) -Number and percentage of programs enrolled and completed (total usage) -Number of CLE credits completed through online programming -Any unusual or unexpected CLE issues/problems

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4.0 Staffing Approach/Key Personnel

Project/Account Manger

The contractor shall provide a dedicated Project/Account Manager to serve as the principal point of contact for the contracted services and be responsible for maintaining regular contact with OLE and responding to OLE training and administrative needs under the contract. This includes serving as liaison on technical matters and system functionality, and also providing advice on system changes, hot topics, and best practices. The Project/Account Manager shall have a minimum of two years’ experience in CLE administration and processing.

5.0 Transition Plan

The Contractor shall have a process in place to address the phase-in at the start of the contract with minimum disruption to the Government operation or mission. The Contactor is responsible for ensuring the timely and effective transfer of knowledge and data.

The phase- in transition shall include, but not limited to, the following:

1. The Contractor Key Personnel shall be available for the kick-off meeting.

2. The Contractor shall provide the names of staff to the Government within five (5) business days after award.

6.0 Timetable

EVENT DELIVERY DUE DATE

Post-Award Meeting (kick-off/phase-in transition) - Discuss how contractor will ensure continuity of services for the first 45 days of the transition period.

COR 7-10 business days after award

7.0 Type of Contract

Labor hour

8.0 Period of Performance

The period of performance will be a base year and 4 one-year options. The total project period is anticipated to be a maximum of 60 months if the option years are exercised.

Base Year: April 1, 2024 through March 31, 2025 Option Year 1: April 1, 2025 through March 31, 2026 Option Year 2: April 1, 2026 through March 31, 2027 Option Year 3: April 1, 2027 through March 31, 2028 Option Year 4: April 1, 2028 through March 31, 2029

Exercising Options

The EOUSA reserves the sole right to exercise option(s). Option periods are contingent upon: 1) continued requirement of services;

2) successful performance by Contractor; and 3) availability of appropriated funds by the Congress.

9.0 Place and Hours of Performance

The contractor shall generally perform the services at its own facilities, off-site from government facilities, except to the extent that the contractor needs to travel to other places to perform the contracted services. The hours of performance shall be set by the contractor to meet all program requirements.

10.0 Travel

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If any travel is required for this contract effort, the travel expenses shall be the contractor’s responsibility.

11.0 Government Furnished Equipment and Information

EOUSA is not responsible for any equipment or office space the contractor needs to perform the contracted services. EOUSA will supply the contractor reasonable office space during planned visits, meetings, or presentations.

The contractor shall work with DOJ IT personnel to coordinate and devise any reasonable solutions needed to enable smooth, ready, reliable, and secure access to CLE information and online programming, including appropriate exchanges of information. The contractor will need access to limited sensitive Department information or data, such as names, e-mail addresses, and bar numbers.

The contractor shall not divulge or release this information or data except as necessary to execute the contract. The contractor shall confer with EOUSA officials if vendor has any concerns prior to releasing any information. The Contractor shall ensure that all Department information hosted at Vendor’s data centers is hosted within the United States unless otherwise authorized in writing by

EOUSA/OLE.

The contractor shall be able to support authorized users accessing their subscription service via a government provided Security Assertion Markup Language (SAML) authentication tool as follows:

- Standards-compliant Single Sign-on (SSO) via SAML 2.0 or OIDC

- Support for Identity Provider (IdP) initiated SSO

- Support for Service Provider (SP) initiated SSO

- Ability to “force federation”, requiring users to authenticate via our Identity Provider (IdP)

- Support for Just-in-Time provisioning

- Ability to support email address as the unique identifier for the account

12.0 Contract Administration

Invoicing Instructions

INVOICE INSTRUCTIONS PER FAR§ 52.212-4(g)

Invoices shall be submitted via e-mail to: usanac.contracting@usdoj.gov

Prompt Payment Act - In accordance with the Federal Prompt Payment Act, the U.S. Attorneys' Office is authorized 30 days from the date on which a complete, correct in voice is received to make payment.

Invoices shall be submitted with the following information:

Tax Identification Number Name and address of the contractor Invoice date and number Purchase Order number: 15JA0524P000000xx Description, price, and quantity of service s/supplies actually rendered/delivered Delivery date/Period of Performance covered by the invoice Payment terms Name and address of the contractor's official to whom payment is to be sent. The "Remit to" address must correspond to the remittance address in this task order.

Name, title, phone number, and mailing address of contact person to be notified in the event of a defective invoice Invoices that are not properly submitted, or that contain incorrect data, will be returned for revision.

Invoices that are not properly submitted, or that contain incorrect data will be returned for revision.

Non-Payment for Unauthorized Work

Any new or additional work performed by the contractor outside of the work defined herein, whether at the contractor’s own volition or at the request/direction of any individual other than the contracting officer or his/her designated representative as identified in this document, shall be at the sole financial risk of the contractor. Only a duly appointed contracting officer is authorized to bind the Government to any addition to or change in the tasks, deliverables, duties, responsibilities, specifications, terms and/or conditions of

15JA0524Q00000017 Page 14 of 61 this contract; and only a duly appointed COR may provide technical direction with respect to those same tasks, deliverables, duties, responsibilities, specifications, terms and/or conditions.

Contracting Officer (CO)

The Contracting Officer for this contract shall be:

Bryant Gilbertson U.S. Department of Justice Executive Office for United States Attorneys Acquisitions Staff 175 N Street, NE Washington, DC 20530

Written communication shall make reference to the contract number and shall be emailed to bryant.gilbertson@usdoj.gov or mailed to the above address. Any action taken by the Contractor outside the terms and conditions of this task order shall be deemed to have been for the Contractor's convenience and therefore shall not obligate the Government to pay the Contractor for those efforts.

Contracting Officer’s Representative (COR)

JAR 2852.201-70 Contracting Officer's Representative (COR)- (EOUSA modified, March 2014)

TBD is hereby designated to act as Contracting Officer's Representative (COR) under this contract.

The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

Proposal Instructions to Offerors

General Instructions

Offeror Questions

All questions concerning this RFP must be submitted via email no later than 5:00 PM Eastern Standard Time (EST) on January 10, 2024 to bryant.gilbertson@usdoj.gov. All questions shall reference the pertinent RFP section within the SOW to which the question applies. Only written responses to contractor questions will be given. Note: The Government is not obligated to answer questions received after this due date. No phone calls regarding this RFP will be accepted.

General Quotation Instructions

1. Technical quotations are subject to page limitations shown in parentheses after the section title. Page limitations are based on an 8.5# by 11# page size, 0.5# margins, font type Times New Roman, and font size no smaller 12-point. However, charts and graphs shall be no less than 10-point font. Quotations submitted that do not adhere to the page limitations will have the extra pages removed and additional pages above the page limit will not be reviewed or evaluated. The Offeror shall not include any cost or price information in the technical quotations.

2. Exchanges with Offerors: The CO reserves the right to award the contract on the basis of initial quotations without exchanges or revised quotations from Offerors. Therefore, each Offeror shall make its single best effort in its initial technical and pricing quotations. However, if after evaluating the initial quotations, the EOUSA finds that exchanges are warranted, it may conduct them with all or a limited number of the Offerors.

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Quotation Submissions

1. Offerors’ submissions shall consist of a technical quotation and a price quotation. The technical and price quotation volumes shall be submitted electronically only. Offerors shall furnish quotation volumes in separate email files as specified below.

2. Electronic Submission: The electronic file format is Microsoft Word or searchable PDF for text; for the pricing table the format is Microsoft Excel (version 2016 or higher). A searchable PDF is a PDF that includes text that can be searched by using the standard Adobe Reader “search” functionality. Any file submitted that is not searchable will be deemed unacceptable.

3. Offerors shall submit quotations in two separate files: Technical Quotation (Volume 1) and Price Quotation (Volume 2). The DOJ/EOUSA email system has a 10MB size limitation. Thus, files exceeding 10MB shall be broken into smaller sections and sent in multiple emails with the subject line indicating that the quotation is in response to the latest amendment to the RFP, if any, as shown below:

“RFP 15JA0524Q00000017 Volume 1 Technical Quotation [Company Name] 1 of ” . . . and so on;

“RFP 15JA0524Q00000017 Volume 2 Price Quotation [Company Name] 1 of ” . . . and so on.

4. The technical quotation (Volume 1) shall include a complete table of contents and one title page for each section in Table 1, which are excluded from the page count.

5. Quotations received after the time and date specified for receipt will be considered late in accordance with FAR 52.212-1(f) and will not be accepted.

Solicitation closing date and time: all offers must be received on or before 5:00 PM EST ON: January 24, 2024.

Proposals (only 1 proposal), including Past Performance Reference Information form (Attachment I) shall be submitted electronically on or before 5 PM EST, January 24, 2024 to bryant.gilbertson@usdoj.gov. No offer received after the due date and time will be considered.

Quotation Format

An offeror’s quotation shall be organized in two separate volumes as illustrated in Table 1 below.

Table 1 - Format of the Contract Technical and Price Quotations Volume 1 - Technical Quotation Section 1 - Factor 1: Technical Approach (25 - page limit) Section 2 – Factor 2: Past Performance (3 - page limit) Section 3 – Factor 3: Staffing Approach/Key Personnel (3- page limit) Section 4 – Factor 4: Transition Plan (3- page limit) Volume 2 - Price Quotation Section 1 - Price Quotation (no page limit)

Technical Quotation Content (Volume 1)

An Offeror’s Volume 1 technical quotation shall include two sections as identified in Table 1 above and described as follows.

Section 1 – Factor 1: Technical Approach (not to exceed 25 Pages).

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The Offeror shall provide its proposed technical solution for accomplishing all requirements in Section 3-Description of Services.

A simple repetition and/ or paraphrasing of the requirements set forth in this SOW is not an adequate demonstration of a proper understanding and grasp of the scope of effort required and will be judged as technically unacceptable.

Section 2 – Factor 2: Past Performance (not to exceed 3 pages)

1. The technical quotation shall include past performance information for the three (3) most relevant similar size, scope, and complexity to the requirements in this RFP, contracts which are in progress or were completed within the past three

(3) years. For each referenced contract, the Offeror shall include past performance information, addressing, the quality of product or service, cost control (as applicable), schedule/timeliness, management and business relations and regulatory compliance (as applicable). For each referenced contract, the Offeror shall include two (2) points of contact.

2. For each proposed Subcontractor, the Offeror shall provide past performance information for up to two (2) most relevant (similar size, scope, and complexity to the requirements in this RFQ, contracts which are in progress or have been completed within the past three (3) years. For each referenced contract, the Offeror shall include past performance information, addressing, the quality of product or service, cost control (as applicable), schedule/timeliness, management and business relations and regulatory compliance (as applicable). For each referenced contract, the Offeror shall include one

(1) points of contact. The proposed Subcontractor must have performed for at least one year on each referenced contract.

Past Performance references may be from commercial or federal/state Government contracts or similar support services performed.

3. For past performance references, the Offeror shall use the Past Performance Reference Information form, Attachment 1, to this RFP. The Offeror shall forward the entire Questionnaire to each reference, including those for subcontractors. The proposed subcontractor must have performed for at least one year on each referenced contract.

4. Completed Past Performance Reference Information forms must be submitted with your the Technical Proposal.

The Government reserves the right to consider past performance information from sources other than those identified by the Offeror, including other government agencies or commercial entities. While the Government may elect to consider data obtained from other sources, the burden of providing current, accurate and complete Past Performance information rests with the Offeror.

Section 3 – Factor 3: Staffing Approach/Key Personnel (not to exceed 3 pages)

1. The offeror shall describe its staffing approach and the qualifications of essential personnel to perform all the requirements in Section 3- Description of Services, to include a Project/Account Manager who will serve as the vendor’s principal agent and manager for the project, along with any program manager controls.

2. The offeror shall provide a resume or qualifications for the Project/Account Manager, indicating the individuals’ knowledge and work experiences, including educational achievements, specialized expertise, and relevant past experiences, especially any past experiences with similar projects.

3. The offeror shall provide an organization chart showing the proposed performance team and indicate lines of authority, responsibility, and communication for management, supervisory, and technical personnel working on this project.

4. Contingency plans: The staffing approach must include a plan to replace essential personnel over the life of this project without any adverse impact on the performance.

Section 4 – Factor 4: Transition Plan (not to exceed 3 pages)

The Offeror shall submit a transition plan that addresses how the Offeror would assume full performance requirements within 45 days of award. The Offeror shall provide a detailed schedule and describe how they will ensure that all staff are fully trained and prepared to assume all contractual duties at the close of the transition period.

Price Quotation (Volume 2)

The Government is not providing a separate pricing table for this RFP, see Section 2 - Commodity or Services Schedule of the standard form 1449 for the CLINs to be quoted. Offerors shall submit firm fixed pricing based upon the requirements described in Section 3. Interested offerors shall submit a complete pricing with all line items priced. Quotes providing partial pricing shall be considered non-responsive and will not be eligible for award.

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At a minimum, the Price Quotation, Volume 2 shall include the following…