RFP_Amendment_001-15JPSS19R00000047.pdf

RFP No. 15JPSS19R00000047 International Process Serving

U.S. Department of Justice

Justice Management Division

Procurement Services Staff

Request for Proposal (RFP)

No. 15JPSS19R00000047

AMENDMENT 001

(Revisions marked in yellow highlights and right side bar)

International Process Serving

Issue Date: September 18, 2019

Kimberly Tran, Contracting Officer

Telephone: (202) 307-1957

Email: Kimberly.Tran@usdoj.gov

1.1 Contract Type & Description

(a) This contract establishes the cost, performance requirements, terms and conditions for service of judicial and extrajudicial documents pursuant to the Hague Convention on the Service

Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service

Convention), the Additional Protocol to the Inter-American Convention on Letters Rogatory

(Inter-American Convention), and letters rogatory from non-convention countries received through diplomatic channels. The Conventions can be viewed at the following websites:

Hague Service Convention http://www.hcch.net/index_en.php?act=conventions.text&ci d=17

Additional Protocol to the Inter-

American Convention on Letters

Rogatory http://www.oas.org/juridico/english/treaties/b-36.html and http://www.oas.org/juridico/english/treaties/b-46.html

(b) This contract is a vehicle that foreign countries may use, at their sole discretion, to request service of legal documents pursuant to these established conventions or through diplomatic channels. The Contractor shall provide all resources necessary to perform the services described herein at the fixed prices specified in Section 1.2. All services shall be performed at no cost to the U.S. Government. Payment for all services rendered by the Contractor will be made by the foreign authority requesting the service of the legal documents. The U.S. Government will not be liable for, nor involved in any manner with, payment for services performed by the

Contractor.

(c) The proposed contract will replace existing Contract No. DJJ15-C-2597 with ABC Legal

Services, Inc., that will expire on January 31, 2020. The Government plans to award the follow-on contract by January 02, 2020 to allow adequate time, as may be necessary, for transition and start-up tasks as specified herein. The follow-on Contractor shall be prepared to assume all duties by the planned February 01, 2020 effective date for the follow-on contract.

Estimated Volume of Work

Due to the nature of the services required under the proposed contract, it is not possible to predict the volume of work. It is estimated that approximately 8,000 annual requests for service have been received in recent years. For informational purposes only, the volume of work performed under the current Contract No. DJJ15-C-2597 is shown in the table below. It should be noted that there is no guarantee that the volumes shown in the table below will reflect actual volumes in the performance of the contract to be awarded under this solicitation.

Year Grand

Total

2015 7,219

2016 7,384

2017 7,998 http://www.hcch.net/index_en.php?act=conventions.text&cid=17 http://www.hcch.net/index_en.php?act=conventions.text&cid=17 http://www.oas.org/juridico/english/treaties/b-36.html

Year Grand

Total

2018 8803

1.2 Pricing and Payment Methods

(a) Normally, the Hague Service Convention does not allow for the payment of services rendered. However, a member nation can charge for the use of a particular method of service, or the employment of a person competent to serve legal documents.

(b) The Inter-American Convention does not allow a fee to be charged for service of legal documents. Therefore, the unit price for these services must be $0.00 (not separately priced).

(c) All contract unit prices shall be specified in the RFP Attachment 001 CLIN Pricing

Template.

(d) The Contractor must accept payment made by foreign applicants by credit card, international wire/bank transfer, cashier’s check, or international money order. The Contactor must also be able to reimburse the foreign applicant or return the fee when a fee has been paid in error or if a request is rejected as deficient and is returned unexecuted.

1.3 Place of Performance

All work shall take place at the Contractor’s facilities. Performance may take place anywhere in the CONUS and OCONUS United States and its territories (Guam, American Samoa, Puerto Rico, U.S. Virgin Islands, and Northern Mariana Islands), and the District of Columbia.

2.0 Statement of Work

2.1 Background

(a) The Office of Foreign Litigation (OFL), Civil Division, U.S. Department of Justice in

Washington, DC, represents the interests of the United States in foreign courts -- a statutory responsibility that has been exclusively delegated to the Civil Division. As the sole authority to represent the United States in foreign courts, OFL is responsible for foreign litigation in which the

United States government, its agencies, and/or its employees is named as a defendant.

(b) Within OFL, the Office of International Judicial Assistance (OIJA) functions as the

United States Central Authority for requests from foreign authorities for the service of judicial and extrajudicial documents on individuals and entities in the United States1. The U.S. Central

Authority receives requests for service of documents from the courts of nations that are signatories to the Hague Service Convention and the Additional Protocol to the Inter-American

The office is not responsible for serving documents that relate to criminal proceedings.

Convention, and also letters rogatory received through diplomatic channels. It also functions as the conduit and Central Authority for sending service requests that originate in United States courts to countries that are signatories to the Additional Protocol to the Inter-American

Convention.

2.2. Specifications/ Work Statement

2.2.1 Scope

This contract will provide for the processing and service of judicial and extrajudicial documents and related services for OIJA, as specified herein. All process serving shall be pursuant to the Hague Service Convention, the Inter-American Convention, and letters rogatory through diplomatic channels. Process serving may take place in any of the fifty United States and its territories (Guam, American Samoa, Puerto Rico, U.S. Virgin Islands, and Northern Mariana

Islands), and the District of Columbia.

2.2.2 Program Management and Staffing

(a) The Contractor shall provide all management, administration, staffing, planning, scheduling, equipment, procuring, storage, etc., necessary to provide the services required to perform the statement of work. The Contractor shall have a fully functional office in the continental United States to perform the work. While it is preferable for the Contractor to have an office in the Washington, DC metropolitan area, it is not required.

(b) The Contractor’s Program Manager shall be responsible for technical and administrative performance of all services required hereunder. The Program Manager shall be the single point of contact through which all Contractor/Government communications, work, and technical direction shall flow. The Program Manager shall receive and execute, on behalf of the

Contractor, technical direction as the Contracting Officer Representative (COR) may issue within the terms and conditions of the contract. The Program Manager role is designated at Key

Personnel under this contract.

All administrative support of the Contractor’s technical personnel required to fulfill the tasks assigned under this contract shall be the responsibility of the Contractor. The Contractor must ensure adequate staffing to effectively and efficiently fulfill the requirements of this contract.

All received requests need to be reviewed for compliance and many will include deficiencies and require additional follow-up. As such, the Contractor must provide adequate staff; provide necessary training for staff; and have available an attorney with subject matter competence to handle legal questions that commonly arise. The Contractor is required to inform OIJA, in a timely manner, of any personnel changes that would affect the service provided under this contract.

The Contractor must be able to provide services in English and Spanish, to include speaking and writing in Spanish, and review documents in French.

The Contractor’s technical personnel must hold monthly calls with OIJA to discuss topics such as workflow, problematic requests, and issues with foreign applicants.

2.2.3 Tasks

2.2.3.1 Receiving Incoming Process Serving Requests

The Contractor shall directly receive service requests from the judicial and competent authorities of nations that are signatories of the Hague Service Convention and the Inter-

American Convention and through the State Department for requests made via diplomatic channels. Requests may be received via hard copy or electronically. If an electronic request is received, the Contractor shall print at least two hard copies of said electronic request. One copy is to be served, and the second copy is to be returned to the requesting authority or applicant with the certification of service. The Contractor may limit the file size for electronically submitted requests. On occasion, service requests may be forwarded to the Contractor by OIJA in its capacity as the United States Central Authority. The Contractor must track the method by which each request is submitted (Hague Convention, etc.) and whether it is submitted by mail or electronically. This data must be accessible and provided to OIJA in the monthly reports. See

Section 2.2.3.7.

2.2.3.1.1 Processing New Service Requests

(a) The Contractor shall review each new service request to ensure that it includes all of the necessary information, forms, signatures, and documents, and that it complies with all applicable requirements. The request shall also be reviewed to determine whether the foreign process is to be served upon the United States, its departments, agencies and/or employees. If so, immediate notification shall be made to OIJA by email, and the original documents must be forwarded to OIJA by mail courier. Service of suits involving the United States Government will be processed by OIJA and no fee will be assessed for the service of those papers. In such cases, the Contractor must return any fees tendered or otherwise reimburse the foreign applicant.

Moreover, each request must be carefully reviewed to ensure it is actually a request for service in a civil matter and that the request is made by a competent judicial authority. Requests that are related to criminal matters shall be returned unexecuted. Requests that seek to obtain evidence or seek to serve a subpoena shall not be executed but instead transmitted to OIJA. Any documents sent to OIJA must be mailed by overnight or two-day delivery with tracking information.

(b) If a request is deficient, depending on the type of deficiency, the Contractor may contact the foreign applicant and attempt to remedy the deficiency. If there is no contact information for the foreign applicant or the deficiency cannot be remedied, the Contractor shall complete the proper certificate for a convention request and include a detailed letter indicating the deficiency or deficiencies, attach that to the request, and return the package to the requestor (or the State Department for requests emanating via letters rogatory). Language the Contractor uses to reject requests and the template letter sent back with deficient requests must be approved by

OIJA. The Contractor shall retain an electronic copy of all certificates, proofs of service, and deficiency letters for the duration of this contract. Alternatively, if a request is complete and complies with the requirements, the Contractor shall establish the file, containing the necessary documents, and execute the service request.

The Contractor may not reject a request for service solely due to lack of duplicates, or triplicates for Inter-American Convention requests, if the volume of documents is reasonable and/or within the size limit for electronically submitted requests (see 2.2.3.1).

2.2.3.1.2 Establishing Records

The Contractor shall establish and maintain a record for each request received and enter the information into its automated tracking system within three (3) business days of receiving the incoming documents.

2.2.3.1.3 Responding to Inquiries and Requests for Information

The Contractor shall promptly respond to questions and inquiries from applicants, competent authorities, Central Authorities, and OIJA about specific service requests, and to general inquiries about service procedures and Convention provisions. Contractor personnel shall provide professional, accurate, and complete responses to such inquiries, to the extent of their knowledge. Inquiries may be made by telephone, email, or regular mail. For each inquiry, the

Contractor shall research the issue(s) and provide the requested information to the requester within two (2) business days of receiving the inquiry. The Contractor shall seek technical guidance from OIJA when in doubt of the proper response. The Contractor must be able to respond to inquiries in Spanish, orally or in writing.

2.2.3.1.4 Correspondence with External Parties

The Contractor may correspond directly with foreign applicants, requesting authorities, embassies/consulates, and Central Authorities regarding individual service requests. However, correspondence by the Contactor must be professional, clear, and responsive. If the Contactor is experiencing continuous problems with a foreign applicant or a Central Authority, it should bring it to the attention of OIJA.

The Contractor may not provide affidavits or declarations for use in U.S. litigation, within the scope of the services provided in this contract, without the express approval and prior review by the COR.

When dealing with external parties, the Contactor must always strive to be clear that the use of a private contractor to perform the service of judicial and extrajudicial documents function does not imply the designation of a new U.S. Central Authority for either the Hague Service

Convention or the Inter-American Convention, but rather reflects the contracting of certain activities conducted by the U.S. Central Authority, which remains OIJA.

The Contactor must also make clear, when asked, that in the United States there is no requirement under U.S. federal law that incoming requests for service be sent to the Contractor for execution or that use of the Conventions is mandatory. The United States has no objection to the informal delivery of such documents by members of diplomatic or consular missions in the

United States, through mail, or by private persons – if effective under applicable law – provided no compulsion is used.

2.2.3.2 Serving the Documents

Unless directed otherwise by the COR, service of the foreign requesting authority’s request shall be in a manner consistent with Rule 4(c), (d), and (e) of the Federal Rules of Civil

Procedure. Specifically, the Contractor shall attempt to serve the foreign documents per the sections below and within the specified timeframe. However, the Contractor shall not serve by mail.

2.2.3.2.1 Personal Service

The Contractor shall serve the documents consistent with Federal Rule of Civil Procedure

4(c)(1) and (2), and 4(e), unless the Contractor is able to obtain a waiver of service under Rule

4(d), per 2.2.3.2.2 below. The Contractor, however, shall not serve by mail. The Contractor shall undertake a minimum of four attempts to serve personally. As these requests come from abroad, the name or address of the person or entity to be served may be misspelled, incorrect, or incomplete. If it appears that the name or address is incorrect or incomplete, the Contractor shall use other sources (i.e., public database searches, local telephone directory, postal tracker, internet sources, etc.) and make reasonable efforts to attempt to correct the name or address before returning the request to the foreign applicant unexecuted. The Contractor shall not unduly delay the service of the documents. If there are delays in trying to locate or serve an individual or entity, the Contractor should make attempts to provide status updates to the foreign applicant. If the Contractor cannot locate the individual or entity at the address provided in the request, but uses specialized and comprehensive tools (or deep skip-tracing) to find an entirely new address, the Contractor may ask the foreign applicant for a new quoted fee (to be determined by the new award) if the foreign applicant confirms it wants to have the documents served at the new address.

The Contractor shall not incur additional costs or demand additional fees without first obtaining the express agreement of the foreign applicant. The Contractor shall serve foreign documents within thirty (30) business days after the request has been received unless the Contractor is attempting to cure a deficiency with the foreign applicant.

2.2.3.2.2 Option to Seek Waiver of Service

Notwithstanding 2.2.3.2.1, above, unless personal service is specifically requested, prior to attempting personal service, the Contractor may attempt to obtain a waiver of service in accordance with Federal Rule of Civil Procedure 4(d), or in accordance with an equivalent state law. If the Contractor elects to seek a waiver, there must not be an undue delay in the service of the documents unless the Contractor has notified and obtained the express agreement of the foreign applicant.

2.2.3.2.3 Recording Service

After service has been effected or, after at least four unsuccessful attempts have been made, the process server shall complete the Hague Service Convention Certificate (available at https://www.hcch.net/en/publications-and-studies/details4/?pid=6560&dtid=65), the Inter-

American Convention Certificate (available at http://www.oas.org/juridico/english/treaties/b-

46.html), and/or a proof of service typically used by the Contractor, as applicable, and return it to the requesting authority or applicant, as applicable. All entries shall be typed or legibly printed.

Please note that, if service has not been made, specific reasons, not generalities such as “subject cannot be located,” shall be given in the remarks section of the form. The Contractor must keep a record of all certificates and proofs of service for the duration of this contract.

2.2.3.2.4 Translations

Questions frequently arise regarding the service of untranslated foreign language documents. Below is guidance in responding to such inquiries.

2.2.3.2.4.1 If a request is made under the Hague Service Convention and the request and accompanying documents are written in a language other than English or French, they shall be returned unserved to the foreign requesting authority under

Articles 4, 5 and 7 of the Hague Service Convention, except in those cases where it has been requested to effect service delivery to an addressee who accepts it voluntarily per Article 5(c) of the Convention. In this case, the Contractor shall inform the recipient that acceptance is purely voluntary.

2.2.3.2.4.2 If a request is made under the Hague Service Convention and all documents are in the French language only (or if the documents and forms are in another foreign language but are accompanied by French translations), the request complies with Article 7 of the Convention, and the Contractor shall execute the service request.

2.2.3.2.4.3 If a request is made under the Inter-American Convention and the https://www.hcch.net/en/publications-and-studies/details4/?pid=6560&dtid=65 request and accompanying documents are written in a language other than English, they shall be returned unserved to the foreign requesting authority under Article 18 of the Inter-American Convention, except in those cases where it has been requested to effect service delivery to an addressee who accepts it voluntarily. In this case, the Contractor shall inform the recipient that acceptance is purely voluntary.

2.2.3.2.4.4 Whether the foregoing methods of services give adequate notice so as to comply with the constitutional requirements of due process (e.g., where a foreign plaintiff subsequently seeks to enforce here a foreign judgment based upon such service, and the domestic judgment debtor claims that he or she did not receive adequate notice), is for resolution by United States courts on a case-by-case basis.

2.2.3.2.5 Service in the Absence of Treaty or Convention

Pursuant to 28 U.S.C. §1781, the Department of State is empowered to receive from foreign courts requests for service of foreign judicial documents and to transmit them to the appropriate agency of the United States Government for execution. Requests received through diplomatic channels by the Department of State will be transmitted to the Contractor with instructions that the requests be executed in the same manner as service requests under the Hague

Service Convention, as described above. No court order is needed to serve these documents since it is a matter of comity and United States foreign relations to honor government-to-government requests. Proofs of service and documents to be returned will be sent by the Contractor directly back to the designated office at the Department of State.

2.2.3.2.6 Service Upon United States Government and Agencies

The Contractor shall give special attention to any service request upon the United States

Government, its departments, agencies, and/or its employees. All requests for service must be carefully screened to identify requests that fall within this category. As discussed in 2.2.3.1.1, contact shall be made immediately with OIJA when such requests are received. All documents shall be immediately forwarded to OIJA, by e-mail and mail courier. Any fees paid must be returned to the foreign applicant by the Contractor.

2.2.3.3 Processing Inter-American Convention Outgoing Service Requests

(a) The Contractor shall forward service requests from a United States judicial or adjudicatory authority to the appropriate Central Authority of the signatory nations of the

Additional Protocol to the Inter-American Convention for the service of documents on residents of those countries. All outgoing service requests shall be processed within three (3) business days of receipt from the applicant. The Central Authorities in those countries will attempt to serve the documents and to certify the execution of the request and will return the proof of service to the

Contractor who will then need to return it to the applicant in the United States.

(b) The seal of the U.S. Department of Justice as the Central Authority is required for processing requests under the Additional Protocol to Inter-American Convention on Letters

Rogatory. The seal is not required, nor shall it be used, for other requests or other purposes.

Authorization to use the seal (as well as the seal itself) will be provided in writing to the

Contractor by the COR. This authorization is contingent upon the Contractor implementing and maintaining appropriate safeguards regarding the care and use of the seal. The authorization may be withdrawn by the COR (and the seal returned to the Civil Division) anytime the Contractor’s safeguards or maintenance thereof are determined to be inadequate. The Contractor shall return the seal to the Civil Division, as instructed by the COR, within three (3) business days after the expiration date of the contract.

2.2.3.5 Website

The Contractor shall provide and maintain a comprehensive and helpful website that includes information available to the public regarding the services performed under this contract.

The website shall clearly state the contract price for performing work on behalf of the U.S.

Central Authority under this contract (other than with respect to the Inter-American Convention, for which no fee shall be charged), instructions on paying such fee, the address to which foreign service requests should be submitted, model forms required under the Hague Service Convention or the Inter-American Convention, frequently asked questions, and any other information that the

Contractor believes would be useful to foreign applicants. The Contractor must also provide a mechanism by which a foreign requesting authority can submit requests for service within the

United States electronically and then track the status of such requests if the request is made online. The content and language of this public website shall be subject to the approval of the

COR and OIJA, and, while it may have a link to another website that relates to non-contractual commercial products or services otherwise offered to the public by the Contractor, it may not have a description of those other commercial products or services. The URL selected for the public website relating to its work under this contract shall be chosen so as to reasonably avoid confusion with other websites maintained by or on behalf of the Contractor or its affiliates dealing with services or products not required under this contract. The website shall be operational by the time the Contractor is required to begin full performance under the contract. The website must be maintained and kept up to date and any website revisions, when necessary and agreed to by the

COR and the Contractor, must be made within five (5) business days.

2.2.3.6 Record Keeping

(a) The Contractor shall maintain adequate records of all incoming and outgoing service requests related to this contract. At a minimum, the Contractor shall prepare and maintain a record for each request that includes the following: date of receipt; method of submission

(Convention or letters rogatory; by mail or electronically) documentation of payment received;

documentation of the successful or uncompleted service (method, place, and date of service and person to whom the document was delivered or otherwise not completed), date of return of documents to applicant, copy of certificate and the Contractor’s proof of service.

(b) The Contractor shall use an automated system to track each request that it handles from start to finish. At a minimum, the tracking system shall maintain for each individual request the following information in separate data fields, coded, and capable of being searched on-line and counted:

(1) a unique control number for the request;

(2) the name of the person or entity to be served;

(3) the address of the person or entity to be served;

(4) the foreign case caption (foreign parties and foreign court);

(5) the date of the Contractor’s receipt of the request;

(6) whether the request was submitted electronically or by mail;

(7) the mechanism of service, i.e., the Hague Service Convention, the Inter-

American Convention, or letters rogatory through the State Department;

(8) for Inter-American Convention requests, indication as to whether it is an incoming request for service in the United States or an outgoing request for service to a foreign country;

(9) the foreign country from which the request for service in the United States originates or, in the case of outgoing Inter-American Convention requests, the foreign country in which service is to be made;

(10) the date and result of each attempt to effect personal service;

(11) the disposition of the request: successful service, unsuccessful service, rejection of request for deficiencies, basis for rejection (such as non-payment of the fee or lack of model form)), correspondence seeking clarification or correcting deficiencies, etc.;

(12) the date of disposition;

(13) the date of notification to the foreign authority of the disposition of the request; and

(14) an extended comments field for any needed narrative explanation of the handling or nature of the request.

(c) When a case is closed, a Contractor designed form must be prepared, the automated system updated with the closure date, and all original documents must be returned to the foreign applicant or requesting authority. The final disposition of the service request shall be clearly indicated on the closing form. A copy of the closing form shall be attached to certificates and/or proofs of service, and copies of these documents are to be retained by the Contractor. The

Contractor does not need to retain copies of the actual documents that were/were not served.

(d) If feasible, the Contractor should provide on-line, search and read-only access to that tracking system to the COR and representatives from OIJA designated by the COR and an ability to generate downloadable reports within the tracking system. This tracking system must be capable of simple on-line query by the Contractor or by the COR and representatives from OIJA whom he may designate, that will display all recorded information for a single request, either by directly entering the unique control number, country, time frame, the foreign case caption, or the name of the individual to be served, and it must also be capable of scrolling through a sortable list of all requests by specific convention, name of party, country, or control number so as to identify specific requests or to generate reports of service experience for specific time frames, countries, or methods of submission. The Contractor will provide the technical means for providing web-based access to the Government at no cost to the Government. The Contractor will train the COR and any designated COR representatives to access and read information in that tracking system and to generate data reports. The Contractor should note if it can provide access to a tracking system but one that would not meet all of the listed requirements or state if such access to its tracking system is simply not feasible and explain why.

(e) The Government will not consider the data in the Contractor’s automated tracking system as constituting Government records, but the Contractor must afford them the same confidentiality as if they were.

2.2.3.7 Reporting and File Requirements

2.2.3.7.1 Monthly Reports

(a) The Contractor shall prepare four (4) monthly reports which reflect the number of requests by country and by method of submission. Reports shall be delivered to the COR and

OIJA by the tenth of each month, and include the activities of the preceding month as specified herein. The Contractor should submit the reports electronically. In addition, the Contractor may be asked to provide various reports and data by OIJA for its use and information, on various summary data points. The Contractor must be able to extrapolate and produce such summary data

(such as total number of requests by country, by method of transmission, by Convention, for a specific time frame, etc.) within three (3) days of receiving a request for information.

(b) For service in the United States and its territories, the first report shall provide a monthly summary of the following information separately for each country of origin, subtotaled by the method of submission (Hague Convention, Inter-American Convention, State Department), and in total for all countries:

(1) Total number of pending requests left over from the previous month;

(2) Total number of new requests received during that particular month;

(3) Total number of requests disposed during that particular month;

(4) Total number of requests rejected;

(5) Total number of requests successfully served;

(6) Average number of days when successfully served;

(7) Total number of requests completed but not served;

(8) Average number of days when not successfully served;

(9) Total number of requests remaining at the end of the month; and

(10) Total number of requests still pending that have exceeded the 30 business days mandated for service at the end of the month.

(c) A second report shall include a listing of all individual requests not yet disposed that have exceeded the thirty (30) business days mandated for service. For each such late request, the report shall provide the following information:

(1) Foreign applicant;

(2) Reference number;

(3) Date of receipt by the Contractor;

(4) Country of origin;

(5) Method of submission;

(6) Person or entity to be served;

(7) Total days request has been pending; and

(8) Reason(s) for the delay in execution.

(d) A third report shall include a list of all individual requests that were rejected for deficiencies during that particular month, to include the following information:

(1) Foreign applicant;

(2) Reference number;

(3) Date of receipt by the Contractor;

(4) Country of origin;

(5) Method of submission;

(6) Person or entity to be served;

(7) Reason(s) for rejection; and

(8) Days it took to process the rejection.

(e) A fourth monthly report shall include data on all outgoing service requests under the

Inter-American Convention, to include the following information:

(1) Date of receipt by the Contractor;

(2) Country of destination;

(3) Total number of requests at the start of the month;

(4) Total number of requests received during that particular month;

(5) Total number of requests rejected;

(6) Total number of requests successfully delivered abroad;

(7) Average days before delivery was completed;

(8) Total number of requests completed; and

(9) Total number of requests remaining.

2.2.3.7.2 Quarterly and Annual Reports

The Contractor shall prepare quarterly reports of all inbound orders, by country and by method of transmission, to include a cumulative summary of the following information:

(1) Total number of requests received thus far (Q1, Q1+Q2, Q1+Q2+Q3, etc.)

(2) Total number of requests rejected;

(3) Total number of requests successfully served;

(4) Total number of requests completed but not served; and

(5) Total number of requests remaining.

(6) State/territory where service occurred

The Contractor shall prepare an end of year report with appropriate summaries by country and method of submission. The annual report shall be delivered to the COR by January 15 to cover the information for the preceding calendar year. The report shall provide annual statistics for all the data elements included in the first monthly report (see 2.2.3.7.1).

The Contractor should work with the COR and OIJA to make any necessary adjustments to the reports in order to ensure the more important and helpful information is provided.

To the extent possible, the Government would also find helpful data on the total number of requests sent abroad by country and by method of transmission, which would be done in the

Contractor’s private capacity for Hague Convention and letters rogatory requests.

2.2.3.8 Training

The Contractor shall ensure that all personnel utilized under this contract are fully capable of performing upon the effective date of the contract and throughout the term of this contract.

Although the Government shall provide guidance, as necessary, it is incumbent on the Contractor to ensure that personnel are properly trained for performing the specified tasks under this contract.

Training will be provided at no cost to the Government. During the period between award and the effective date of the contract, the Government will make materials available to the Contractor that will aid in training personnel.

2.2.3.9 Contract Phase-In

(a) To conduct a smooth, orderly, and timely transition of duties from the preceding contractor, the awarded Contractor shall have all personnel fully trained and ready to assume responsibility for contract tasks on the effective date of the contract. All transition activities shall be at no cost to the Government. At a minimum, the Contractor shall ensure that:

All contract personnel are totally familiar with the tasks to be performed and the procedures for completing them.

The informational website is established, operational, and accessible.

The automated system to track process requests is established and working.

The methods of making payments are operational.

2.2.3.10 Contract Phase-Out

At the expiration of the contract, another contractor may assume the operations described in this solicitation. In this event, the Contractor shall assist the new contractor with the transfer of responsibilities in an efficient and orderly manner. At the direction of the COR, the Contractor shall update and provide records and files, update applicable procedures, and provide support to the new vendor who will assume the duties and responsibilities included in this solicitation prior to the end of the contract performance. The Contractor shall perform transition duties and provide this assistance at no cost to the Government. The Contractor will allow the new contractor to use information, materials, and resources, including text written for the website that were developed by the Government for use by the Contractor for the fulfillment of this contract.

3.0 Inspection and Acceptance Criteria

General quality measures, as set forth below, will be applied to each work product (e.g. reporting deliverables) received from the contractor under this statement of work.

a. Accuracy - Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

b. Clarity - Work Products shall be clear and concise.

c. Consistency to Requirements - All work products must satisfy the requirements of this statement of work.

d. File Editing - All text and diagrammatic files shall be editable by the Government.

e. Format - Work Products shall be submitted in hard copy (where applicable) and in media mutually agreed upon prior to submission. Hard copy formats shall follow any specified

Directives or Manuals.

f. Timeliness - Work Products shall be submitted on or before the due date specified in this statement of work or submitted in accordance with a later scheduled date determined by the Government.

4.0 Contract Clauses

FAR 52.212-4 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those services that conform to the requirements of this contract. The Government reserves the right to inspect or test any services that have been tendered for acceptance. The Government may require reperformance of nonconforming services. The Contractor shall, at no increase in contract price, correct or revise any errors or deficiencies in performing the tasks, submitting deliverables, and completing other services within the time specified for each task. If reperformance is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming services.

(b) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(c) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference.

The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(d) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting

Officer of the cessation of such occurrence.

(f) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(g) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_233_240.html#wp1113304 https://acquisition.gov/far/current/html/52_200_206.html#wp1137572 termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

(h) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(i) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(j) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract

Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(k) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(l) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_212_213.html#wp1203358 https://acquisition.gov/far/current/html/FormsStandard68.html#wp1189284 or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in

FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12;

and (C) agree in writing to the timeline and procedures specified by the responsible

Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (l)(2)(i) of this clause, or fails to perform the agreement at paragraph (l)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer

(EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by

EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(m) Unauthorized Obligations

(1) Except as stated in paragraph (m)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(A) Any such clause is unenforceable against the Government.

https://acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://acquisition.gov/far/current/html/Subpart%2032_8.html#wp1029202 https://www.acquisition.gov/

(B) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the

EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any

Government authorized end user to such clause.

(C) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (m)(1) of this clause does not apply to indemnification by the

Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of Clause)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items (Aug 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the

Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

(Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of

Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

(Nov 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public

Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

These clauses shall flow down in any subcontracts.

Clause

Number

Title

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May

2011)

52.204-7 System for Award Management.

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(OCT 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Aug 2019)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (OCT 2016)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018)

52.219-8 Utilization of Small Business Concerns (OCT 2018)

52.219-28 Post-Award Small Business Program Representation (JUL 2013)

52.222-19 Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O.

13126)

52.222-17 Non-displacement of Qualified Workers (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (SEPT 2016)

52.222-35 Equal Opportunity for Veterans (OCT 2015)

52.222-36 Equal…