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OMB CLEARANCE NO . 1103-0018 (exp. 2/29/2004)

SOLICITATION, OFFER AND AWARD >

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 120

1. CONTRACT NUMBER 2. SOLICITATION NUMBER

15JPSS18R00000007

3. TYPE OF SOLICITATION 5. DATE ISSUED

05/15/2018

6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB)

NEGOTIATED (RFP) X

7. ISSUED BY CODE 15JPSS 8. ADDRESS OFFER TO (If other than Item 7)

U. S. Department of Justice JMD, Procurement Services Staff 145 N Street, NE, Suite 8E-117 Washington, DC 20530 Note: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository location in until 10:00 a.m. local time 06/14/2018

(Hour) (Date) CAUTION – LATE Submissions, Modifications, and W ithdrawals: See Section L Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION •

CALL:

A. NAME

Christina Murray

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

christina.murray@usdoj.gov

AREA CODE

NUMBER

307-1967

EXT.

n/a

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES 76-81

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-6 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/SPECS./WORK STATEMENT 7-42 X J LIST OF ATTACHMENTS 82

X D PACKAGING AND MARKING 43 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 44 X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

83-98

X F DELIVERIES OR PERFORMANCE 45-47

X G CONTRACT ADMINISTRATION DATA 48-52 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 99-116

X H SPECIAL CONTRACT REQUIREMENTS 53-75 X M EVALUATION FACTORS FOR AW ARD 117-120

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 180 Calendar days (60 days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

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

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOW LEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

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

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS SHOW N IN >

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT W ILL BE MADE BY CODE

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

(Sig nature of Contractin g O fficer)

28. AW ARD DATE

IMPO RTANT – Award will be made on this form, or a Standard Form 26, or by other authorized officia l written notice.

AUTHO RIZED FO R LO CAL REPRO DUCTIO N STANDARD FO RM 33 (REV. 9-97)

Previo us editio n is unusable Prescribed by G SA – FAR (48 CFR) 53.214(c) mailto:r.frate@usdoj.gov

U.S. Department of Justice Case Information Support Services

SECTION B - SUPPLIES/SERVICES/PRICES

B.1 General

(a) The Contractor shall provide, in accordance with the requirements specified herein, all resources necessary to furnish professional and non-professional services in support of the Civil Division's Case

Information Support Services (CISS). All requirements will be fulfilled, on a time-and-materials (T&M) basis.

(b) The proposed contract is expected to include a base period and four (4) option periods as described in the table below. See Section F.1 for complete contract term and option information.

Contract Term

Base Period: 10/01/2018 – 09/30/2019

Option Period I: 10/01/2019 – 09/30/2020

Option Period II: 10/01/2020 – 09/30/2021

Option Period III: 10/01/2021 – 09/30/2022

Option Period IV: 10/01/2022 – 09/30/2023

(c) The current contract, DJJ14-C-2476 with Integrated Support Systems, Inc., is due to expire on

September 30, 2018. The contract may be extended as necessary to accommodate this re-compete and transition to the new contract. Because the continuing provision of support services is essential to operation of the Civil Division, it is critical that the phase-in, or transition, of Contractor personnel and the assumption of ongoing tasks are accomplished in a well-planned, orderly and efficient manner, utilizing the Transition

Plan provided by the contractor in accordance with Section L.6.4 of the solicitation.

B.2 Pricing

All prices are fixed unit prices that include all costs and profit necessary to provide the services specified in the contract. All contract unit prices and multipliers (applied to other direct cost items) shall be as specified in the pricing table contained in Attachment 1. The following definitions apply to the pricing tables:

(a) Contract line item number (CLIN). Unique number associated with each separately priced item in the contract. The CLIN structure is composed of a prefix and a core number. The prefix corresponds to the contract period as follows: "0" for the base period,"1" for the first option period, "2" for the second option period, etc. The core number distinguishes the labor CLINS and other direct costs.

(b) Hourly Rate/Unit Price. Services provided on a T&M basis at the hourly rates (fixed unit

U.S. Department of Justice Case Information Support Services prices) specified in Attachment 1. All prices must be fixed unit prices that include all costs and profit necessary to provide the level of service specified in the contract. For personnel not exempt from the

Service Contract Labor Standards statue, the Contractor shall pay at least the minimum pay and fringe benefits set forth in the Area Wage Determination (AWD) applicable to where the personnel are working.

(c) Other Direct Costs (ODC). Classes or categories of supplies and services which are not included in the hourly rate unit prices.

(e) Multiplier. The percentage (fixed unit price) to be applied against the actual cost of an "other direct cost" item to cover administrative handling expenses. The fixed multiplier for each ODC CLIN includes all administrative handling costs associated with the CLIN. The multiplier is to be applied against the actual cost of the item for which reimbursement has been authorized. The billable amount shall be limited to the actual cost of the item plus the amount resulting from the application of the appropriate multiplier identified in the table (e.g., actual cost of item is $100.00, and multiplier for the CLIN is 1.02, the total billable amount is $102.00).

For subcontracted items/services, the multiplier shall only be applied one time. For example, a subcontractor might be required to travel. It is not permissible for the subcontractor to apply a markup to the travel costs in billing the prime contractor, and then for the prime contractor to apply another markup when billing the Government. The multiplier may only be applied once, and must be applied to the original cost of the item. The multipliers for Other Direct Costs are not subject to the FAR Price Adjustments clause (52.222.43) included in Section I.1 of this contract.

(g) Ceiling Price. The ceiling price shown in the pricing table is a not-to-exceed amount. The

Government shall not be obligated to pay the Contractor any amount in excess of the total (ceiling) price identified in the table and the Contractor shall not be obligated to continue performance if to do so would exceed the applicable ceiling price, unless and until the Contracting Officer shall have notified the

Contractor in writing that the applicable ceiling price has been increased and shall have specified in the notice a revised ceiling that shall constitute the ceiling price for performance of all CLINs. The Contractor is reminded that only the Contracting Officer is authorized to obligate funds under this contract, and that the Contractor shall not perform any services that would cause it to exceed the contract ceiling amount established by the Contracting Officer. At or near the conclusion of each period, the Contracting Officer may de-obligate, via formal modification, any excess funds from this contract. This modification shall establish a revised ceiling price the Government is not obligated to pay the Contractor any amount in excess of this revised ceiling price. All quantities specified in the Pricing Table are estimates that are subject to change. Estimated hours may be increased and/or decreased by the Government as the workload requirements dictate.

B.2.1 Travel

(a) As a general rule, local travel will not be reimbursed under this contract. Examples of local

U.S. Department of Justice Case Information Support Services travel which will not be subject to reimbursement are: personnel traveling multiple times per week in the middle of the day to Government sites or between Government sites to perform assigned tasks; and travel to and from normal job site. Personnel temporarily working at a Government site or alternative facility will consider such facility his/her normal job site.

(b) Little, if any, long distance travel is anticipated. Any long distance travel shall be approved in advance by the COR. Reimbursement for actual (approved) travel costs incurred during the performance of support services shall be in accordance with Part 31 of the Federal Acquisition Regulations and the Federal

Travel Regulations. Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the Contractor must submit (to the COR) a request for advance approval to utilize higher class travel. All travel should be scheduled sufficiently in advance to be able to take advantage of offered discount rates. Individual 'travel authorization letters' may be provided to the Contractor (for all Contractor personnel who are required to travel) which may allow Contractor personnel to receive Government rates when on long distance travel.

The current Federal Travel Regulations and per diem rates can be accessed at http://www.gsa.gov

(c) The Government encourages advance airfare purchases to take advantage of supersaver discounts. If the trip is canceled or travel dates are changed due to the Government's actions, the

Government will, absent special circumstances, pay airline cancellation charges or airline charges for changes in the travel dates.

B.2.2 Training

Contract staff may be required to attend training courses during the course of the contract. An example of such training is advanced technical courses taken to ensure meeting the changing needs of the

Civil Division user community. All training is subject to the approval of the COR. The Government will reimburse the Contractor for the costs of training individuals in specific subject matter areas as approved by the COR.

B.2.3 Supplies

From time to time, supplies may be necessary. The contractor shall be responsible for acquiring needed supplies and including costs as part of ODC. See B.2(c). Additionally, any supplies acquired shall not exceed the line item price identified.

B.3 Price Adjustments Under the Service Contract Labor Standards.

B.3.1 General

(a) This contract is subject to the provisions of 41 U.S.C. chapter 67, Service Contract Labor http://www.gsa.gov/

U.S. Department of Justice Case Information Support Services

Standards, and regulations of the Secretary of Labor (29 CFR Part 4). Applicability of the Service Contract

Labor Standards statue is limited to those "non-exempt" CLINs as delineated in paragraph (b) below. The

Government will not be liable to the Contractor for any additional/increased sums/costs for which the

Contractor may become liable to its employees as a result of a failure by the Contractor to properly conform or exempt its employees to the labor classifications stated in the applicable Department of Labor

(DOL) Wage Rate Determinations contained in Attachment 2. Final determinations as to the proper conformance or exemption of Contractor employees under the Service Contract Labor Standards statute will be the responsibility of the DOL.

(b) The following table classifies each hourly rate labor category as one of the following:

Exempt: Employees performing in a bona fide executive, administrative, or professional capacity as defined in 29 CFR 541 are exempt from the Service Contract Labor Standards statute. These labor category CLINs will not be subject to price adjustment.

Non-Exempt: Employees other than those employed in a bona fide executive, administrative, or professional capacity as defined in 29 CFR 541 are subject to the Service Contract Labor Standards statute. These labor category CLINs will be subject to price adjustment as described in this section.

NOTE: The table to be inserted in the contract document will reflect the classifications proposed by the offeror in the Section L.5.4 Labor Category Classification Table and accepted by the Government.

(c) No price (fixed unit prices) adjustments will be made during the base period of this contract to any CLINs except as may be allowed and appropriate under Section B.3 and the Service Contract Labor

Standards statute for non-exempt, hourly rate based positions. See the FAR Price Adjustments clause

(52.222-43) at Section I.1.

(d) There will be no adjustment to the hourly rate CLINs for "exempt" labor categories during the life of the contract.

(e) If a position in a series is exempt because it is supervisory or managerial, the Contractor shall pay such positions at levels above those of the non-exempt positions in the same series.

B.3.2 Option Periods

(a) For any option periods which are exercised by the Government, all price adjustments shall be limited to, and in accordance with FAR Clause 52.222-43, entitled "Fair Labor Standards Act and Service

Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts)", incorporated by

U.S. Department of Justice Case Information Support Services reference into Section I.1 of the contract.

(b) Contract CLINs subject to price adjustment under Clause 52.222-43 are limited to those non-exempt categories listed in Section B.3.1 (b).

(c) The Government will utilize the supporting data contained in the Contractor's proposal to verify any increase or decrease in the contract hourly rate(s) which may be claimed by the Contractor as a result of a revised wage determination for any option period which may be exercised by the Government.

The hourly rates will be adjusted to reflect the Contractor's actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of the DOL wage determination applicable at the beginning of the option period. For example, the prior year wage determination required a minimum wage rate of $15.00 per hour. The Contractor chose to pay $15.50. The new wage determination increases the minimum rate to $15.60 per hour. Even if the Contractor voluntarily increases the rate to

$16.00 per hour, the allowable price adjustment is $.10 per hour. As stated in Clause 52.222-43 (see

Section I.1), any adjustment will be limited to increases or decreases in wages and fringe benefits as described in the clause, and the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit.

U.S. Department of Justice Case Information Support Services

SECTION C - STATEMENT OF WORK

C.1 Background

(a) The Civil Division's approximately 1040 trial and appellate attorneys are currently defending

179 Federal agencies in cases which have been filed against the Government, and prosecuting affirmative lawsuits on behalf of 124 agencies. These 42,500+ open cases fall into 59 diverse areas of litigation, many of which are highly specialized, such as intellectual property, bankruptcy, procurement fraud, contamination of food and drugs, radiation exposure claims, and immigration law. Others are cases of high political visibility, such as suits which challenge major initiatives of the Administration.

(b) The Civil Division is organized into six litigating components, based on the type of litigation:

Commercial Litigation Branch

Torts Branch

Federal Programs Branch

Office of Immigration Litigation

Consumer Protection Branch

Appellate Staff

These litigating components are supported by one administrative component, the Office of Management

Programs. To assist in understanding the operating environment of the Civil Division, the most current organization chart is reflected at:

https://www.justice.gov/civil/civil-division-organization-chart

(c) The managers of this diverse and complex caseload must have at hand complete and accurate case information, whether it concerns one case, a group of cases, or all 42,500+ open Civil Division cases.

The Division must know, for example, which of its attorneys is responsible for each of its cases so that the approximately 500 pieces of mail received each day can be delivered promptly to the correct attorney. For each case, the managers must know when the case was received in the Division, whether and when it was filed in court, what court heard it, what the court decided, and whether the trial court's decision was affirmed or overturned on appeal.

(d) The Civil Division has used automated systems since 1978. The case information, attorney time reporting and other information management modules collectively comprise the Division’s Case Information

Management System (CIMS), which is Micropact’s Entellitrak based system. CIMS web based application that operates on Windows 2012 SQL servers. Users access the CIMS application from workstations via the

Civil Division's JCONV office automation network. All workstations are virtual desktops.

https://www.justice.gov/civil/civil-division-organization-chart

U.S. Department of Justice Case Information Support Services

(e) The CIMS application provides Division managers and attorneys with greater litigation and management support. During a typical month, Division staff and contractor support staff access CIMS to perform thousands of separate database actions. These monthly activities include the following:

Conducting approximately 7,000 - 8,000 automated on-line case searches for routing mail and responding to inquiries from within and outside the Department of Justice on the status and location of a case;

Recording approximately 2,800 case receipts, updates, and dispositions;

Preparing approximately 130 automated case-related letters; and

Producing approximately 453 recurring reports and approximately 60 one-time ad hoc reports.

(f) The CIMS application captures significant data about cases, administrative claims and other legal proceedings involving the Civil Division. For ease of reference, all of these matters will be referenced by the generic term, “cases.”

(g) During the contract period, the Civil Division may add enhancements to its current case information system environment. Contractor personnel will be trained with Government personnel on any new enhancements. The integrity and correctness of the enhancements and correlating data will be the Civil

Division’s responsibility. Contractor personnel may be asked to support the Civil Division’s enhancement efforts by querying the database and generating reports as needed; analyzing computer-generated reports for omissions, inconstancies and anomalies in the data; analyzing source documents and tools such as Lexis

CourtLink to resolve database problems or update data; and other data-related tasks.

C.2 Scope of Contract

The Contractor shall provide mail processing support services; case analysis and classification; database integrity; information analysis and reporting; as well as other case information support services for the Civil

Division.

C.3 Statement of Work

(a) The Civil Division’s case information support services consist of five functional areas:

• Mail Processing Support Services;

• Classification Support Services;

• Database Integrity;

• Information Analysis and Reporting; and

• Miscellaneous Support

U.S. Department of Justice Case Information Support Services

(b) All work performed under this contract shall be closely coordinated with the Contracting

Officer’s Representative (COR, see G.1.2). Contractor staff working on-site at the DOJ will work collaboratively with the COR and other members of the Civil Division staff.

(c) The Mail Processing, Classification, and Database Integrity functional areas call for 98% accuracy in task performance. The Government utilizes a separate Contract for the performance of quality assurance (QA) review of work performed under this contract for Case Information Support Services

(CISS). The QA Contractor uses existing and statistically validated methods to determine the accuracy rates of mail identification and routing and of the data entered into CIMS during the Case Classification process and Database Integrity process. For each review, the QA Contractor obtains randomly selected samples of the work performed by each of the three functional areas. The samples are then compared to the existing rules in place for the applicable task and any errors are documented and counted. The accuracy scores are computed according to an existing and statistically validated formula. See Attachment 3 Quality Assurance

Reviews, for more detail. The CISS Contractor shall be required to provide the QA Contractor with complete access to their processed mail, training sessions, process control logs, and other materials necessary to the performance of these quality assurance reviews, as identified by the COR. The CISS

Contractor shall address clarification, correction, and retraining needs in a timely fashion. The Government will reduce the accuracy rate to 95 percent for the first 60 calendar days (beginning the first day after the transition period) of contract performance for the Mail Processing, Classification, and Database Integrity functions mentioned above. After the 60 calendar days, the required accuracy rate shall revert to 98 percent.

d) It is the Contractor's responsibility to assure that the individuals proposed for the Case

Classification, Database Integrity, Mail Processing, Miscellaneous Support and Information Analysis and

Reporting functional areas are totally familiar with their tasks and able to be fully productive by the end of the transition period. (See SOW Section C.11, Transition)

C.3.1 Functional Area 1 – Mail Processing Support Services

(a) Most Civil Division mail is received at the Department of Justice Mail Referral Unit and then transferred to the Civil Division’s Mail Room. The Office of Management Information (OMI) Mail

Identification (Mail ID) Unit receives mail from the Civil Division Mail Room and then routes the mail to the appropriate Civil Division recipient. The Contractor will process approximately 500 pieces of mail each day. Incoming mail will be screened and processed in accordance with the Civil Division's "Mail

Identification and Routing Procedures Manual" (see Manual # 1 dated October 22, 2014) and any COR-approved interim manual updates.

(b) Civil Division receives five mail deliveries a day. The largest delivery to the OMI Mail ID Unit occurs mid to late morning. In addition, two separate deliveries of registered and certified mail

(approximately 50 pieces in total) are delivered daily. There are two additional hard copy mail deliveries to the Civil Division mail room each business day from the Court of Federal Claims. Each delivery contains approximately 2 -6 pieces of mail, known as “court mail.” The Civil Division also receives electronic mail

U.S. Department of Justice Case Information Support Services

(approximately 10-30 pieces per day) from the Case Management and Electronic Case Files

(CM/ECF) system for the Court of Federal Claims, Court of Appeals for the Federal Circuit, Court of International Trade and occasionally for other courts, i.e. district courts.

C.3.1.1 Task 1 - Initial Mail Screening and Identification

(a) The Contractor shall screen incoming mail and process as appropriate. For non-case-related mail (such as bulk mail and publications), the Contractor verifies the correct building location for the addressee and places it in the mail outbox for pickup. Mail addressed to certain attorneys and attorney managers on the “Do Not Open” list is forwarded to the recipient unopened.

(b) Case-related mail addressed to individuals not on the “Do Not Open” list is opened, date-time-stamped “RECEIVED,” and identified. There are particular processes established when the Mail ID Unit receives confidential, secret or top secret mail, multiple cases received in one envelope and checks

(including logging in the check and its pertinent information).

C.3.1.2 Task 2 - Searching Database Records

(a) For case-related mail which is opened, the Contractor shall determine whether it’s related to a case that is or was being handled by the Civil Division or whether it is a new case for the Civil Division.

Ordinarily, it is not necessary to perform an in-depth reading of the document; many times, the cover letter and the first several pages of the document provide enough information for a meaningful search. The

Contractor uses information from the mail in hand (primarily, terms from the caption, names of parties involved, and the court docket number), to execute a CIMS search to determine whether a record relating to the subject of the correspondence exists in CIMS. The "Mail Identification and Routing Procedures

Manual" contains instructions on how to use the data fields to search and various search strategies. If the search retrieves multiple “hits,” the Contractor determines whether or not one of the hits constitutes a conclusive match.

(b) All Summons and Complaint documents (see Attachment 4) and case-related correspondence with no existing case record shall be forwarded to the Classification Unit for further processing. The

Contractor shall review every piece of case-related correspondence not found to be associated with a database record to determine if a proper search was made.

C.3.1.3 Task 3 - Handling “Follow-Up Mail”

(a) When the Contractor determines that case-related mail is associated with an existing CIMS record, the Contractor examines this “follow-up mail” to see if it includes any relevant data (such as a US

Attorney General served date, a US Attorney’s office served date or a court docket number) not yet entered into the CIMS record. If additional updates to CIMS are identified, the Contractor shall forward to the

Classification Unit a Potential Update Form attached to the piece of follow-up mail for the Classification

Unit to review and possibly update CIMS.

U.S. Department of Justice Case Information Support Services

(b) Case correspondence for an existing case is forwarded to the Civil Division personnel or branch/section currently having litigation responsibility for the case as identified in the "Mail Identification and Routing Procedures Manual" in conjunction with the CIMS application.

C.3.1.4 Task 4 – Inscribing Case-Related Mail

(a) When the mail is identified through a CIMS search as an existing case, it shall be inscribed so that it gets routed to the proper Branch and/or individual. A Record Blocking stamp will be applied to the first page of the document or on the “Blocking Tag” (a form affixed to some documents to avoid marking up the actual document). The Department of Justice unique case tracking number (the “DJ Number”) and initials of the Civil Division Branch handling the case will then be written as prescribed on the top and bottom of the stamp. The names of the designated reviewer and attorney handling the case shall be written as prescribed on the first page of the document or Blocking Tag. The DJ Number, branch, designated attorney and designated reviewer are obtained from the case record retrieved from CIMS.

(b) The Civil Division delegates some cases to be handled by the US Attorney’s Office (USAO) and transfers some cases to other agencies. The Civil Division also “closes” a case in the database when no further litigation can be expected and/or all monies have been collected. A further inscription shall indicate whether the mail concerns a case that has been delegated, transferred or closed and the date of that action, taken from the case record in CIMS. In addition, a different inscription shall indicate if the case has not yet been assigned in CIMS.

(c) After mail has been identified and inscribed, it shall be date/time stamped “RELEASED” and prepared for routing based on the rules established by each Civil Division Branch. The Contractor shall sort the identified mail and place it in distribution envelopes to the proper recipients in accordance with these instructions.

C.3.1.5 Task 5 - Processing Court Mail

(a) The Contractor shall receive documents via courier mail from the Court of Federal Claims which must be searched, inscribed and delivered within one hour of receipt. Court Mail is typically delivered around 1 pm and again around 5 pm each business day, though times are subject to change.

(b) The Contractor shall receive court documents via e-mail for the National Courts section of the

Commercial Litigation Branch. The Contractor shall print out, time-date stamp, search and identify, and route the documents, according to the same processes approved for mail received in hard copy. Currently approximately 282 emails are processed each month. Electronic mail received after 4:00 p.m. is processed the next business day before 10:00 a.m.

C.3.1.6 Task 6 - Processing Miscellaneous Mail

The Contractor shall follow established straightforward instructions (see Manual # 1 dated October

U.S. Department of Justice Case Information Support Services

22, 2014, “Mail Identification and Routing Procedures Manual”) for handling each of the following types of mail:

• Administrative/Support Offices/Personnel Mail;

• Certified/Registered/Service-by-Hand Mail;

• Courier Mail;

• Health and Human Services Mail;

• Internal DOJ Mail;

• Erroneously Delivered/Misdirected Mail;

• Mail Returned Undeliverable;

• Checks; and

• Newly Classified Cases Received from the OMI Classification Unit

C.3.1.7 Task 7 - Mail Processing Quality Control

(a) The Contractor shall perform daily quality control for accuracy and timeliness of the Mail

Processing functional area through a representative sampling of the sorted pieces of mail, according to established and COR-approved procedures. The Contractor shall review every piece of case-related correspondence not found to be associated with a database record to determine if a proper search was made.

(b) The Mail Processing support services tasks shall be performed with not less than 98 percent accuracy. This accuracy shall be determined by OMI’s evaluation of mail processing reviews provided by an independent Quality Assurance Contractor. See Attachment 3, Quality Assurance Reviews, for further information.

C.3.1.8 Task 8 - Schedule

The Contractor shall forward all "court mail" to the appropriate Civil Division component within one hour of receipt. Mail received from the Classification Unit shall be processed within the same business day of receipt. All other mail shall be fully processed by the Mail ID Unit within one business day of receipt. Mail received after 4:00 p.m. is processed the next business day, as the next day’s morning mail.

C.3.1.9 Task 9 - Mail Processing Status Reports

The Contractor shall report monthly on the Mail Processing functional area. The format of the report shall be developed by the Contractor and approved by the COR. The report shall be sufficiently detailed to allow the COR to evaluate the accuracy and timeliness of the mail processing effort.

U.S. Department of Justice Case Information Support Services

C.3.1.10 Task 10 - Maintenance of Procedures Manuals

Please see Section C.4 for a discussion of the maintenance of procedures manuals and related documents.

C.3.2 Functional Area 2 – Classification Support Services

(a) Classification support services are performed in accordance with the Civil Division's Manual #

2, dated April 20, 2012, "Case Classification Unit Procedures Manual" and any COR-approved interim manual updates.

(b) A unique Department of Justice Number (DJ Number) is assigned to each case received in the

Civil Division. A DJ Number is also assigned to each administrative claim and to other matters according to established procedure. The DJ Number has a prescribed structure, with each component of the number’s structure having significance.

(c) To create and assign a DJ Number to a case, the incoming case documents must first be analyzed to determine the type of case or governing statute. This crucial analysis affects the structure of the remainder of the DJ Number. The analysis and DJ Number assignment, together, are referred to as

“classification.” In the Classification functional area, the Contractor is required to classify each new case

(including new Appellate cases), enter basic case data into CIMS to establish a record and, as required, update the data as the case progresses. History has shown that a trained classifier can process an average of

25 pieces of mail per day.

(d) The scope of the Civil Division's litigation involves hundreds of statutes. The Civil Division's litigation areas form the basis of the Division's organizational structure, as well as the structure of the DJ

Number assigned to a case. The DJ Number is not only the “cradle-to-grave” case identifier; it also indicates the applicable records retention rule that applies to the official case files. It has been the Civil

Division's experience that a minimum of eight weeks is required to become proficient in classification of

Civil Division cases.

(e) The Civil Division's cases are primarily defensive. In other words, a plaintiff has already filed suit against the Government, and time has begun to elapse for an allowable response to the courts.

Following receipt of a new case, the case is classified and promptly forwarded to the correct component. If these procedures are not done in an accurate and timely manner, the Division (i.e., the Government and therefore, the taxpayers) stands to lose the case. The ability to identify from a court document the issue being challenged in the litigation and determine which Division component is responsible for that type of litigation, is critical to the successful performance of the Case Classification functional area.

C.3.2.1 Task 1 - Screening the Mail Received from the Mail ID Unit and the Branches

The Classification Unit shall screen mail received from the Mail ID Unit to verify that it needs to be

U.S. Department of Justice Case Information Support Services classified. The Classification Unit shall process and forward non-case-related mail and mail not handled by the Civil Division without creating a case record in the database. The Classification Unit also shall process case-related mail received directly from the Civil Division branches or from other DOJ litigating divisions.

Mail received directly from the branches goes immediately to the top of the queue to be analyzed, classified, and processed as appropriate.

C.3.2.2 Task 2 - Searching Database Records

(a) The Classification Unit shall perform a search of the database for all mail coming into the Unit to verify whether or not the case is already in the system. This step is important since it is very burdensome to resolve the problem of the same case being assigned two different DJ Numbers. Ordinarily, it is not necessary to perform an in-depth reading of the document; many times the cover letter and the first several pages of the document provide enough information for a meaningful search. The Contractor uses information from the mail in hand (primarily, terms from the caption, names of parties involved, and the court docket number) to search CIMS to determine whether a DJ number relating to the subject of the correspondence exists. The "Case Classification Procedures Manual" contains instructions on how to use the data fields to search and various search strategies.

(b) If the search retrieves multiple “hits,” the Contractor determines whether or not one of the hits constitutes a conclusive match. This determination may require a closer reading of the document and/or consultation with OMI Staff.

(c) If the Classification Unit locates the case in the database, then the Unit shall process the associated document(s) as follow-up mail with the prescribed inscriptions and routing to the designated recipient. If the Classification Unit does not locate the case in the database, then the document must be analyzed to determine which statutes/subject matter applies to the case.

C.3.2.3 Task 3 - Analysis and Classification

(a) Each day the Contractor shall analyze pieces of mail and, as necessary, formulate and enter a new DJ Number and associated information into CIMS. Approximately 2,500 – 3,000 new cases and administrative claims will be entered each month. Examples of daily incoming mail that form the basis for assigning a new DJ Number are: (1) a Summons and Complaint (see Attachment 4); (2) a Petition for

Review (see Attachment 5); and (3) the New Case Assignment forms containing information for affirmative and defensive cases received from various branches (see Attachment 6).

(b) Numerous different types of documents are delivered to the Classification Unit. The “Case

Classification Procedures Manual” contains samples of typical types of documents. Each sample includes an analysis of the document and a summary of pertinent case data extracted from the document. It is important to remember, however, that various attorneys, law offices, and courts generate the same types of documents in an amazing variety of formats.

U.S. Department of Justice Case Information Support Services

(c) To classify a new case, the Contractor shall analyze incoming correspondence to determine its subject matter. The subject matter of a case is used to determine whether the Civil Division should handle the case and the case classification type. Classification types may relate to specific statutes and government programs, or they may cover a general subject matter. The Contractor shall look for key words in a document to determine the classification type. The Classification Type Guide (see Attachment 7) contains a list of key words that are associated with particular classification types. This guide also notes the Civil

Division Branch, or possibly other DOJ Division, that is responsible for specific classification types.

C.3.2.4 Task 4 – Assigning a DJ Number

(a) Based on this analysis, the Contractor shall assign the appropriate DJ Number. The basis of the

DJ Number structure is the Classification Chart (see Attachment 8) which provides the classification types

(prefixes) for most DJ Numbers. The typical format for a DJ Number assigned to a new Civil Division case in a district court is:

[Classification Type]-[Judicial District Identifier]-[Sequential Number]

Another commonly used DJ Number format is:

[Classification Type]-[Agency Identifier]-[Sequential Number]

(b) As prevalent as these two construction formats are, there are numerous other types of DJ

Number construction formats that are used as required by established procedures. The Contractor must become familiar with all of the construction formats. Certain internet web sites and reference books are accessed to determine, for example, the name of the county where a city is located and the name of the judicial district where a county is located. In addition, the Contractor shall use the CISS DJ Number

Selection application to obtain sequential numbers used in the construction of a DJ Number.

C.3.2.5 Task 5 – Stamping and Annotating the Document

The Contractor shall establish the official hardcopy case record for a new case by attaching a

“blocking tag” (a form affixed to documents to avoid writing on the actual document) and then applying stamps and annotating the blocking tag. The stamps applied are the DOJ Civil Division “Record” stamp and the “NEW” stamp which together identify the hardcopy document as part of an official Civil Division case file created on the basis of the document stamped “NEW.” The Contractor writes the case caption on the top of the blocking tag and annotates the applied stamps with the assigned DJ Number and responsible branch and the Classifier’s initials.

C.3.2.6 Task 6 – Entering Data for a New Case into CIMS

The Contractor shall extract all relevant information from the document and enter the data into

CIMS according to established data entry rules. The Contractor shall print out from CIMS an official Civil

Division Case Opening/Initiating Record form (referred to as the “pink NEW sheet” due to the fact that it is

U.S. Department of Justice Case Information Support Services printed on pink paper to make it easily identify it as a new case) that contains case summary information.

C.3.2.7 Task 7 – Assembling and Forwarding a New Case

The Contractor shall affix the pink NEW sheet to the case documents. It informs the branch to deposit the attached new (and now official) case documents in the branch active records unit (ARU). The

Contractor shall forward the new case to the appropriate recipient as designated by established procedure.

C.3.2.8 Task 8 - Entry of Case Update Information

When follow-up mail is identified by the Mail ID Unit or the Classification Unit, the Contractor will enter into CIMS any relevant case-related data not already in the database. The updates typically include any of the following fields: Civil Action Number, Docket Number, AG served date, US Attorney’s Office

Served Date and Filing Date. In addition, the database may be updated to reflect that a trial level case has moved to an appellate court. If this occurs, data for additional fields such as branch, assignment type, participation and reason will need to be captured. Database updates derived from Follow-Up Mail can be associated with cases in any of the six litigating groups within Civil Division. Approximately 210 such update actions will occur each month.

C.3.2.9 Task 9 – Other Processes

The Contractor shall follow established procedures when processing non-case related mail, misdirected mail, and Federal Torts Claim Act (FTCA) Administrative Claims filed against Federal agencies other than DOJ.

C.3.2.10 Task 10 - Quality Control

(a) The Contractor shall perform daily quality control in accordance with its accepted Quality

Control Plan for accuracy and timeliness on a representative sample of new CIMS entries and updates.

(b) The case classification and data entry and update tasks shall be performed with not less than 98 percent accuracy. This accuracy shall be determined by OMI’s evaluation of classification reviews provided by independent Quality Assurance Contractor. See Attachment 3, Quality Assurance Reviews, for further information.

C.3.2.11 Task 11 - Schedule

The Contractor personnel shall classify and enter new cases received directly from the branches within one business day of receipt. All other new cases are due within two business days of the MAIL ID

Unit Received date stamp. Case update information shall be entered within two business days of the MAIL

ID Unit Received date stamp. With the exception of new cases received directly from the branches, all errors discovered during the Contractor’s QC process shall be addressed within three business days of the

MAIL ID Unit Received date stamp.

U.S. Department of Justice Case Information Support Services

C.3.2.12 Task 12 - Status Reports

The Contractor shall maintain daily records on the productivity of Contractor personnel. A log of all cases which remain to be classified at the end of each business day also shall be maintained. The Contractor shall provide the COR with daily, weekly, monthly, and annual production reports as specified by the COR.

These reports shall identify the number of documents processed by the Classification Unit and the age and size of any backlog. The format of the report shall be developed by the Contractor and approved by the

COR. It shall be sufficiently detailed to allow the COR to evaluate the accuracy and timeliness of the case classification and updating process. The Contractor shall develop and use a written procedure for assembling the production information into a monthly report, as approved by the COR.

C.3.2.13 Task 13 - Maintenance of Procedures Manuals

C.3.3 Functional Area 3 – Database Integrity

The function of the Database Integrity (DBI) program is to ensure the accuracy and timeliness of the data in CIMS. DBI is a multifaceted program which utilizes a variety of procedures to accomplish its goals.

It requires the critical analysis of a case, accurate and complete information gathering (including in-person attorney interviews), entry of data into CIMS, and occasional user training and preparation of written reports and procedures. Successful performance requires detail-oriented Contractor personnel who possess well-developed analytical and interpersonal skills, as well as experience working with attorneys, legal research sites and reviewing legal documents. DBI tasks are performed according to Manual # 3, dated January 22, 2013, “Database Integrity Procedures Manual”.

C.3.3.1 Task 1 - Analysis of Reports

The Contractor shall provide an ongoing review and analysis of ad hoc and standard (recurring) reports, including but not limited to approximately 22 exception reports (see Attachment 9, Sample

Exception Reports) and the Comprehensive Attorney Case Lists (CACLs) which is included in DBI

Procedures Manual # 3. Report analysis requires in-depth familiarity with the relevant data fields in CIMS and its time reporting module and how they are used by the Classification Unit and the branches. If analysis of these reports indicates the need for case updating or correction, the Contractor shall review the case files and/or consult with attorneys and paralegals to determine what updates should be made. The Contractor is expected to propose additional reports if analysis indicates such additional reports would further help to ensure database integrity. The CACL, which is generated from the OMI Tasks Tracker application, shows all the open cases for a selected attorney and shows selected data fields per case which the Case Analyst is

U.S. Department of Justice Case Information Support Services expected to address, as necessary, during the interview.

C.3.3.2 Task 2 - Attorney Orientation Sessions

Data collection and verification are ongoing processes which begin when an attorney arrives in the

Civil Division. The Contractor shall provide new attorneys with system orientation, i.e. CIMS search and on-line time entry training, explaining the attorney’s role in the data collection process and its importance.

C.3.3.3 Task 3 - Attorney Interviews

(a) The Contractor shall arrange and conduct periodic interviews with attorneys to review the status of their assigned cases. In FY 2017, approximately 2000 interviews were performed. The interview frequency per attorney for each litigating component is shown below:

Frequency of Attorney Interviews

Component Interviews Per

Year (every

120 days)

Approximate Number of Attorneys

Comments

Commercial Litigation Branch 3 305

Torts Branch 3 101

Attorney interviews are not conducted for two sections within the Torts Branch.

Federal Programs Branch 3 100

Appellate Staff 3 61

Office of Immigration Litigation 3 295

Consumer Protection Branch - -

Attorney interviews are not conducted in the Consumer

Protection Branch.

(b) The purpose of the interview is to confirm the accuracy of information for open cases, gather new or missing data, confirm attorney contact information displayed on the cover sheet of the CACL, verify whether a case stage can be disposed or the case can be closed, and to reveal related data items that are inconsistent with each other. The Contractor shall be familiar with the trial and appellate related legal processes and with how the Civil Division captures data related to those processes (such as information pertaining to disposition, relief or change of venue).

(c) In preparation for an interview, the Contractor shall analyze the attorney's CACL, various exception reports, court websites, and documents such as weekly and biweekly reports prepared by the litigating branches to gather current information about the attorney's assigned cases. A typical interview lasts 20-30 minutes. The standard method for conducting the interview is in person. In certain situations, U.S. Department of Justice Case Information Support Services some interviews may need to occur over the telephone or by email. The CACL produced for a particular attorney is the basis for the interview process and is annotated with new or corrected information during the interview.

C.3.3.4 Task 4 - Exit Interviews

The Contractor shall meet, whenever possible, with each attorney preparing to leave the Division to review the status of his or her cases.

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