15JPSS20R00000005.pdf

15JPSS20R00000005 Page 1 of 202

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

15JPSS20R00000005

SEALED BID (IFB)

X NEGOTIATED

(RFP)

4. TYPE OF SOLICITATION 5. DATE

ISSUED

6. REQUISITION/PURCHASE

NUMBER

CODE 15JPSS

U.S. Department of Justice Procurement Services Staff 145 N St., NE, 8E.508 Washington, DC 20530

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

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

SOLICITATION

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

9.

handcarried, in the depository located in ______________________________________________________ until ____12/04/2019___ local time __ _________

10. FOR

INFORMATION

CALL:

A. NAME

AREA CODE NUMBER EXT.

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

11. TABLE OF CONTENTS

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

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES CONTRACT

CLAUSES

X B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSX F DELIVERIES OR PERFORMANCE

X L INSTRS., CONDS., AND NOTICES TO OFFERORSX G CONTRACT ADMINISTRATION DATA

X M EVALUATION FACTORS FOR AWARDX H SPECIAL CONTRACT REQUIREMENTS

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

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar 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.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS(%) 20 CALENDAR DAYS(%) 30 CALENDAR DAYS(%) 0 CALENDAR DAYS(%)

14. ACKNOWLEDGEMENT 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 (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

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

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

Andrew S. Martin 202 307-1928 andrew.s.martin@usdoj.gov

10/29/2019

______5:00pm Sealed offers in original and __(see L.3)____ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if asmartin Highlight

15JPSS20R00000005

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 General

(a) The Contractor shall provide all resources necessary to furnish Automated Litigation Support

(ALS) services to the Department of Justice on an indefinite delivery/indefinite quantity Task Order basis as defined in this contract.

(b) The proposed contract is expected to include a base period and six (6) option periods as described below:

Contract Term

Base Period 12/01/2020 through 05/31/2021

Option Period 1 06/01/2021 through 05/31/2022

Option Period 2 06/01/2022 through 05/31/2023

Option Period 3 06/01/2023 through 05/31/2024

Option Period 4 06/01/2024 through 05/31/2025

Option Period 5 06/01/2025 through 05/31/2026

Option Period 6 06/01/2026 through 05/31/2027

(c) The anticipated date of award for the proposed contract is October 1, 2020. Performance of the contract is expected to commence by December 1, 2020. The current contracts, DJJ13-C-2439, with

CACI, Incorporated; DJJ13-C-2442, with PAE Labat; DJJ13-C-2440, with Deloitte Financial; and

DJJ13-C-2441 with Leidos Innovations, all expire on November 30, 2020. Because the continuing provision of support services is essential to continuity of the program, it is critical that the phase-in of

Contractor personnel and the assumption of ongoing tasks is accomplished in a well-planned, orderly and efficient manner, utilizing the Transition Plan provided by the contractor in accordance with Section

L.3.2.6 of the solicitation.

(d) The performance of all work under this contract shall be initiated by the issuance of Task Orders by the Contracting Officer as discussed in Sections C.4.2 and H.2. Task Orders may be issued on a firm fixed-price, labor-hour, or time-and-materials basis, or any combination thereof.

B.2 Minimum and Maximum Quantities/Amounts

(a) The estimated Annual quantities (i.e. volumes for all contracts combined) for each contract line item number (CLIN) are contained in Attachment (1), Unit Price Tables B-1 through B-5, of this solicitation. Those quantities represent the Government's best estimate of litigation activity as it relates to contract support and do not necessarily represent actual or budgeted/funded needs. There is no guarantee that the estimates for each CLIN/contract period as contained in the Solicitation will accurately reflect actual quantities ordered in the performance of the contracts awarded under this Solicitation.

(b) The Government will order a minimum amount of $400,000.00 under each awarded contract.

The Department will have the entire term of the contract (to include all options) to fulfill the contract minimum. The specific CLINs and quantities will be identified in the Task Order(s) issued under this contract. The exercise of the renewal options (see Section F.2) does not re-establish the contract minimum. During the life of this contract, the Government may order items in any quantity up to the maximum amounts specified in paragraph (c) below. If the minimum amount has not been ordered, the

Department will exercise the option for the next year.

(c) There are no maximum quantities/amounts for each individual CLIN or contract period. The maximum aggregate amount of all Task Orders issued under the contracts awarded under this solicitation shall not exceed $1,500,000,000.00 for the entire term of these contracts, including all options which may be exercised.

B.3 Pricing Tables

(a) All contract unit prices and multipliers (applied to other direct cost items) shall be as specified in the B-1 through B-5 pricing tables contained in Attachment (1). The general structure of the pricing tables is intended to differentiate among the type of fixed-unit-price support product/service, or, the category of supplies/services for which reimbursement is allowed, and where performance is to take place.

(b) The basic contract line item number (CLIN) structure includes a prefix, a 'core' number, and a suffix as shown below:

XX-XXXX-X

• The two digit prefix conforms with the Table number, i.e., all Table B-1 CLINs use a

"01-" prefix, all Table B-2 CLINs use a "02-" prefix, etc.

• The four digit 'core' number represents the 'unique identifier' for each Contractor furnished product, support service, and/or other direct cost item.

• The single digit suffix is used to indicate the contract period, i.e., “0" indicates the contract base period, “1" indicates Option Period 1, etc.

(c) The following definitions apply to the pricing tables:

Products (Table B-1): A specified deliverable which is produced by transforming or replicating a given input (generally documents or other raw data) into the required output

(e.g., digital image, paper copy, machine-readable media) on a firm fixed- price basis.

Support Services (Tables B-2, B-3, and B-4): Work requirements whose extent and duration cannot be fully defined in advance due to unknown variables, such as the quality and location of source documents or the complexity of a needed data base design, and are performed on a time-and-material or labor-hour (fixed hourly rate) basis.

Other Direct Costs (Table B-5): Classes or categories of supplies and services which are not included in the unit price of the Support Products or Support Services CLINs but are required by the Contractor to complete a given Task Order, or, as in the case of micrographics, translation, interpreter, and industry specialist/consultant support services, where the specific requirements can only be defined in the Task Order itself.

Multiplier (Table B-5): The factor to be applied against the estimated or actual cost of an

"other direct cost" item to cover administrative handling expenses.

Adjustment Factor (Attachment (2): For support services performed outside the

Washington, DC metropolitan area, the factor applied against the corresponding hourly rate from the DOL AWD that applies to the specific location where the work will be performed (see Section B.5.2 for complete description). The adjustment factor shall include all costs except salaries/wages (e.g., fringe benefits, overhead, general and administrative expenses, and profit).

Normal Schedule (All Tables B-1 thru B-5): The billable rate for hourly personnel, or the billable hourly rate for salaried personnel. This rate shall include all costs for overtime hours worked (defined as hours worked in excess of a forty hour workweek, unless otherwise defined by State law). Up to 5% of the hours ordered may require overtime work.

Contractor Site (Tables B-1, B-2, and B-5): Work/services performed on the Contractor's or subcontractor's site.

Not Contractor Site (Tables B-1, B-3, B-4, and B-5): Work/services performed at a discovery site, a Government site, or, when Government space is not available, a commercial site where the cost of the space is directly reimbursed by the Government under this contract (e.g., document center).

Washington, DC Area Contractor Site (All Tables B-1 thru B-5): The portion of the

Washington, DC metropolitan area that falls within a thirty (30) mile radius of the Main

Justice Building (10th and Constitution, NW).

Washington, DC Area Place of Performance (All Tables B-1 thru B-5): The portion of the Washington, DC metropolitan area that is defined by the appropriate DOL Wage

Determinations for Washington, DC (WD 15-4282, Rev. 7) contained in Attachment (3).

(d) The fixed unit prices and multipliers contained in each table shall comply with the following:

Table B-1, Products:

• This table will be used to order products required by the Government such as image scanning, coding of source documents, electronic files processing, etc. In most cases, no geographic restrictions will apply to these products. However, in certain situations, the Contractor may be required to perform work in the

Washington, DC area.

• The place(s) of performance under this table may be located in the following areas:

Contractor / Subcontractor Name Address

(To be inserted from the contractor’s proposal)

Actual place of performance is at contractor's discretion, but must be at location identified in contractor's proposal (from above) or another location with Contracting Officer's prior written approval. All work must be performed within the continental United States at one or more of the above locations and shall be readily accessible by common carrier.

• The firm-fixed unit price for each deliverable shall include all expenses associated with generating the prescribed product, including, but not limited to labor, fringe benefits, equipment/computer usage, facilities, overhead, general and administrative expenses, and profit. The Government will make the source documents/media available to the Contractor in the Washington, DC area. All unit prices shall include pick-up and delivery of all source documents/media and deliverables on an FOB destination--Washington, DC basis (if the Government requires the completed product(s) to be delivered to a destination outside of the

Washington, DC area, the Government will either ship the items itself or the

COR may authorize the Contractor to ship the items to the field location and to request reimbursement for actual shipping costs under CLIN 05-0006).

• The products on Table B-1 are not subject to the FAR Price Adjustments clause included in Section I.3 of this solicitation/contract.

Table B-2, Support Services (Contractor Site, Washington, DC Place of Performance):

• This table will be used to order services where the Government requires either very close coordination with Contractor personnel (e.g., legal research for a trial team) and/or inspection of the work-in-process at the place of performance by the COR, Case Manager, or trial attorney (e.g., complex document coding, imaging of source documents).

• The fixed hourly rates shall (1) include all expenses, but will not be limited to salaries/wages, report/documentation preparation, fringe benefits, equipment usage, computer resources (defined as "in-house" computer resources which are utilized by the Contractor in the performance of work comparable to that required under this contract, including personal computers for Contractor staff and all Section C.4.3 requirements), facilities, overhead, general and administrative expenses, and profit; and (2) comply with the requirements of the

Service Contract Act where applicable (see Section I-1, Clauses Incorporated by

Reference). The labor hour rates for “non-exempt” categories, while “fixed”, are subject to the FAR Price Adjustments clause contained in Section I.3 of this solicitation/contract. Exempt labor categories are not subject to I.3.

• All work is to be performed out of the Contractor's/subcontractor's facility. The

Contractor's/ subcontractor's facility shall be conveniently located in the

Washington, DC metropolitan area, such that work product can be delivered to any of the Justice Department buildings within four (4) business hours.

Table B-3, Support Services (Not Contractor Site, Washington, DC Place of

Performance):

• This table will be used to order services where the Government requires performance at the Government's site, a discovery site, or a document center site in the Washington, DC area; or, at the Government's site or discovery site outside the DC area where the period of performance is defined as "short term"

(generally less than a month with reimbursement of travel expenses authorized by the COR).

• The fixed hourly rates shall (1) include all expenses including, but not limited to, salaries/wages, report/documentation preparation, fringe benefits, overhead, general and administrative expenses, and profit; and (2) comply with the requirements of the Service Contract Act where applicable (see Section I.1, “Clauses Incorporated by Reference”). Except where noted otherwise, the

Government will furnish all facilities and equipment required to perform the

CLIN. The labor hour rates for “non-exempt” categories, while “fixed”, are subject to the FAR Price Adjustments clause contained in Section I.3 of this solicitation/contract. Exempt labor categories are not subject to I.3.

Table B-4, Support Services (Not Contractor Site, Outside Washington, DC Place of

Performance):

• This table will be used by the Government to initiate orders for cases or projects requiring "long term" support in field locations where travel will not be authorized (i.e., local hiring will be required), e.g., establishing and operating a document center in Miami, FL. For the non-exempt labor CLINs used, the rates will be considered provisional until a proper Wage Determination is obtained from DOL.

• The fixed hourly rates for each category of labor specified shall (1) include all expenses, including salaries/wages, report/documentation preparation, fringe benefits, overhead, general and administrative expenses, and profit; and (2) comply with the requirements of the Service Contract Act, Wage Determinations for non- exempt labor categories (See Section B.5 and Attachment (3)) for

Department of Labor Wage Determination applicability and adjustment mechanism). Except where noted otherwise, the Government will furnish all facilities and equipment required to perform the CLIN. The labor hour rates for

“non-exempt” categories, while “fixed”, are subject to the FAR Price

Adjustments clause contained in Section I.3 of this solicitation/contract. Exempt labor categories are not subject to I.3.

• The anticipated use of the Table B-4 provisional rates for non-exempt CLINs is anticipated to be rare or occasional. There are numerous city and Area Wage

Determinations included in Attachment (3), which would first be applied to the

Attachment (2) Adjustment Factors, (to achieve the appropriate billing rates from the beginning of a task), before the Table B-4 provisional rates would need to be put into effect.

Table B-5: Other Direct Costs:

• This table delineates the groups or categories of costs which are considered allowable and allocable other direct costs (ODC). The Government will use this table to authorize and track actual or estimated ODC expenditures under this contract. The reasonableness of these costs shall be subject to the mutual agreement of the parties.

• The fixed multiplier for each CLIN shall include all administrative handling costs and project oversight associated with the CLIN. The multiplier is to be applied against the actual or estimated cost of the item for which reimbursement has been authorized. For Task Orders issued using CLINs from multiple tables, the elements of cost under each cost reimbursement CLIN are only allowable to the extent that they are not included in the fixed unit prices of other CLINs and have been authorized by the COR.

• 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 be applied only one time.

For example, a subcontractor might be required to purchase some emergency supplies. It is not permissible for the subcontractor to apply a markup to the supplies 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 on Table B-5 are not subject to the FAR Price Adjustments clause included in Section I.3 of this solicitation/contract.

B.4 Other Direct Costs

Supplies and Services

(a) Supplies and services procured on behalf of the Government under this contract will generally be exempt from State and local taxes. The Contracting Officer will provide a completed Standard Form

1094, U.S. Tax Exemption Certificate where appropriate (see FAR Part 29).

(b) If in the Government's interest, the Contracting Officer may issue a letter(s) to the Contractor authorizing the Contractor to utilize Government sources of supply (e.g., General Services Administration supply schedules, see FAR Part 8) for supplies and services procured on behalf of the Government under this contract (see FAR Part 51) for the authorization procedures.

Travel

(a) As a general rule, LOCAL travel expenses WILL NOT be reimbursed under this contract. An example of local travel which will not be subject to reimbursement is travel to and from normal job site;

personnel temporarily working at a (not Contractor) site or alternative facility will consider such facility his/her normal job site. A second example is supervisory personnel traveling to a (not Contractor) site or alternative facility to oversee operations. Such supervisory local travel may occur quite frequently i.e., several trips per week per site would not be unusual. Another example is non-supervisory personnel traveling several times per week in the middle of the day to (not Contractor) sites or between (not

Contractor) sites to perform assigned tasks.

(b) All NON-LOCAL (e.g. travel requiring air transportation, or long haul ground trips) 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.

B.5 Price Adjustments under the Service Contract Labor Standards

General

(a) A substantial portion of this contract is subject to the Service Contract Labor Standards (SCLS)

(see Section I.1, clause 52.222-41). For Support Services CLINs, applicability of the SCLS is limited to those "non-exempt" CLINs as delineated in paragraph (b). 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 (3). Final determinations as to the proper conformance or exemption of

Contractor employees under the SCLS 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 541are exempt from the SCLS. 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

SCLS. 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.3.1.5 Labor Category Classification table and accepted by the

Government.

(c) No price (i.e. fixed-unit-price) adjustments will be made during the base period of this contract to any CLINs except as may be allowed and appropriate under Section B.5.2 and the SCLS for non-exempt, hourly rate based positions. See the FAR Price Adjustments clause at Section I.3.

(d) There will be no adjustments to the fixed-unit-prices for all CLINs contained in Table B-1, the exempt CLINs in Tables B-2 through B-4, the multipliers contained in Table B-5, or the adjustment factors contained in Attachment (2) during the life of this contract.

Support Services Performed Outside the Washington, DC Area

(a) Task Orders issued to perform "long term" services in a field location outside of the Washington, DC metropolitan area may be issued using the CLINs and the unit prices from Table B-4; the unit prices for all non-exempt CLINs will be considered provisional pending receipt of a specific DOL Wage

Determination for the locality involved. However, if a current DOL Wage Determination exists at the time an order is issued, then that wage determination will be used to determine the fixed-unit-prices (i.e.

Labor Hour Rates) that apply to that location, based on paragraph (b) below. If a current DOL Wage

Determination does not exist at the time the order is issued, the Table B-4 provisional unit prices, for non-exempt labor categories, shall go into effect and the Contracting Officer will request a Wage

Determination from DOL for the locality involved using the DOL labor category titles from the Table contained in Section B.5.1 (b).

NOTE: A Task Order which requires the establishment of a long term document center at a field site may specify Table B-3 CLINs (with reimbursable travel) to establish/start-up the document center operation, and this 'start-up' period could exceed one month in certain situations. However, continuing operations would be ordered from Table B-4.

(b) After determination or receipt of the appropriate DOL Wage Determination(s), the final unit price for each non-exempt CLIN will be computed by applying the appropriate "Adjustment Factor" contained in Attachment (2) against the corresponding hourly rate from the DOL Wage Determination. The

Adjustment Factor shall include all costs except salaries/wages (e.g., report/documentation preparation, fringe benefits, overhead, general and administrative expenses, and profit). A sample computation of a final unit price (hourly rate) for a Clerical is shown below:

A Task Order is issued to establish a document center in Miami, FL. The order is issued using the Table B-4 unit prices which includes a Clerical at $12.00/hour. The DOL Wage

Determination rate for a File Clerk I in Miami, FL is $8.00/hour and the Contractor's

Adjustment Factor for a Clerical (from Attachment No. 2) is 1.600. The computed final unit price for the Clerical in Miami, FL is $10.80/hour ($8.00 x 1.600) plus health and welfare benefits if applicable. The Task Order will be modified to retroactively adjust the Clerical hourly rate from $12.00 to $10.80. It is also possible that rates would increase, based on the location involved.

(c) The Contracting Officer will incorporate the DOL Wage Determination and a supplemental Price

Table B-4 (to be identified as B-4(a), B-4(b), etc.) into the contract. All final unit prices shall be retroactive to the date the Task Order was issued.

(d) Should the Section B.5.2 process result in any upward or downward revision to any unit price(s) contained in the original Task Order, the Contractor shall retroactively correct previously invoiced amounts for all CLINs with the submission of its next monthly invoice and shall revise its financial status reports accordingly.

(e) Subsequent unit price adjustments to any supplemental Table B-4 CLINs shall be limited to and in accordance with Section B.5.3.

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 (Multi-year and Option Contracts)", incorporated by reference into Section I 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.5.1 (b).

(c) The Government will utilize the supporting data contained in the Contractor's proposal to verify any increase or decrease in the contract fixed unit price(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, 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.

STATEMENT OF WORK

C.1 Introduction

(a) Automated litigation support (ALS) encompasses a wide range of professional services and products that help attorneys acquire, organize, analyze, develop, and present evidence throughout the course of litigation, from pre-filing investigation, through complaint, discovery, and trial, through post-trial briefs and the appeals process. Through the use of professional litigation support services and advanced tools for litigation support, the litigating attorney can use evidence and information effectively to win lawsuits. Professional litigation support products and services enable the litigator to control and manage much larger volumes of case materials, and much more complex information, much more quickly, and to much greater effect, than would otherwise be possible.

(b) The Department of Justice currently has litigation support programs in seven of its litigating components - Civil Division, Antitrust Division, Civil Rights Division, Criminal Division, Environment and Natural Resources Division, Tax Division, and the Executive Office for U.S. Attorneys. All seven existing programs consist of Government specialists who define case- or investigation-specific requirements and then manage contractor-provided case support using contracts designed for automated litigation support. All seven programs are presently making use of the automated litigation support (ALS) contract for this purpose. Beginning with this ALS contract, the Justice Management Division (JMD) will join the litigating divisions as a user of the contract to provide e-discovery support to executive offices throughout the Department of Justice in response to litigation and pre-litigation, FOIA, and investigative requests.

(c) Each DOJ component has unique mission-driven needs, which define its specific ALS program requirements. Decentralized, Division-specific programs allow each Assistant Attorney General to quickly assemble support resources to meet litigation demands. Division litigation support staffs are familiar with and committed to the mission of the Division they work for, and have developed experience in supplying support tailored to the Division's specific litigation support needs.

(d) The exigencies of litigation do not easily allow for contracting on a case-by-case basis. As a result, each Division that has an ALS program utilizes thecontract for a full range of litigation support services. The Department has developed units (CLINs) which serve as the components of support, allowing for the selection of units in specified quantities for inclusion on a Task Order. Contracting for

ALS services ensures that the drastic fluctuations in workload inherent in litigation can be managed most cost-effectively to the Government. Additionally, it permits the Government to have access to specialized expertise as needed. Most importantly, such a contract vehicle allows the Government to respond rapidly to urgent litigation needs.

C.2 Contract Objective

(a) The objective of this contract is to obtain non-personal professional litigation, e-discovery and other case- or investigation-related support services and products to meet the requirements of the Department of Justice. The primary users of this contract are expected to be the Civil Division, the Antitrust Division, the Civil Rights Division, the Criminal Division, the Environment and Natural Resources Division, the Tax

Division, the Executive Office for United States Attorneys and the Justice Management Division. Other components of the Department of Justice may also make use of the contract, as may other agencies.

(b) Litigation support activities can include, but are not limited to, the following broad categories:

Contract and project management

Electronic data acquisition

Electronic data processing

Systems Analysis

Systems Administration

Database User Support

Pre-trial and trial support, including courtroom presentation services

Specialized professional services in support of litigation, investigations, trials and case-related administration, including language translation, auditing and accounting services, statistical analysis, and health care and financial fraud related research

Special Projects

(c) In order to provide this support, the Contractor will be required to perform the following:

Assess services and information requirements

Design resource and staffing plans to meet these requirements

Prepare project-specific action plans and budgets

Hire and train staff to assure optimized use of equipment, systems, software, and relevant methodologies

Develop procedures for all aspects of contract work performance

Implement plans and monitor performance

Report on status, including financial status, resolve problems and redirect resources as needed

Meet objectives and deadlines

Evaluate project on completion, summarize quality objectives achieved for deliverables and services, evaluate adherence to budget and schedule requirements, report on lessons learned

Acquire and manage subcontracted services as needed.

Assess industry technology and recommend new solutions.

C.3 Scope of Contract

This contract will be used to provide professional litigation support products and services to the Department of Justice and other Federal agencies on an indefinite delivery, indefinite quantity Task Order basis. Individual Task Orders issued under this contract may support any

Department of Justice organization or Federal agency on a local and/or nationwide basis. Services may be required anywhere in or outside of the United States and its territories. This contract will also be used to support case- or investigation-related administrative functions and e-discovery requirements.

C.4 General Work Requirements

Litigation Support Functions

(a) As described in Section C.1, automated litigation support encompasses a wide range of professional products and services, along with a variety of current technologies, that help attorneys or other professional staff members acquire, organize, analyze, and present evidence in conducting a lawsuit or investigation.

(b) The types of litigation support required under this contract will generally fall into the following areas:

Contract and project management, including coordination of different contractor components - sometimes even coordination of the efforts of several contractors;

communication with the Government, sometimes with several Government components at once; assessing automated litigation support requirements; identifying and obtaining necessary staff and other resources; training; establishing management plans and schedules, and managing contractor and subcontractor efforts to meet those objectives, both on specific projects and on a contract-wide basis; identifying problems and troubleshooting; preparing progress and status reports; quality control and quality assurance efforts required for contract performance; financial management;

management of security, confidentiality, and conflict of interest issues.

Electronic data acquisition, including physical collection at client sites, capture of electronic files, including email files and other files in their native formats, digital image files, load-ready data and image files; digitization of audio and video tapes; automated and manual screening of files to identify relevant or priority material; analyzing and reporting from a wide variety of data and formats received as a result of production from

Government and non-Government sources, including adversaries; and performing quality control.

Electronic data processing, including conversion and database loading of raw data into searchable and retrievable records; scanning and Optical Character Recognition (OCR) processing of documents; level of treatment analysis; development of vocabulary control and other indexing tools; document coding/data entry; assistance in the production of electronic data to opposing counsel; and performing quality control.

Systems Analysis, including developing complex programs to support litigation environment applications; translating program requirements into program code;

application modifications to litigation databases; information analysis and database design;

setting up and implementing databases; and performing quality control.

Systems Administration, including server administration, storage management, and network administration; monitoring, analyzing, and optimizing system performance; performing scheduled system backups; and performing quality control.

Database user support, including training and assisting Government staff; providing help desk support for a variety of equipment configurations and software packages, including user training; preparing end user manuals; creating tools to assist end users and other system users; maintaining databases and assuring proper data integrity, security, and recovery processes are in place; and performing quality control.

Pre-trial and trial support, including identifying, leasing, equipping, and staffing document center facilities, both locally and in the field; administering, operating, and maintaining equipment and other resources in support of litigation; providing discovery, pre-trial and trial support as needed - exhibit preparation, courtroom presentation assistance, courtroom/interview audio/visual services, PC support, graphics support, etc.;

providing support to trial attorney staff in preparing filings for submission; legal and factual research; trial site support, including setting up trial site support facilities;

developing document center procedures manuals and case-specific procedures; providing courtroom presentation support, including equipment for in- courtroom presentation, staff for assisting the trial attorneys in developing graphics and scripting their presentations, and in-courtroom staff for operating presentation equipment; and performing quality control.

Specialized professional services, including professional language translation and interpretation, auditing and accounting services, statistical analysis and modeling, medical records review; professional trial presentation consultation, and other consulting services requiring particular industry or subject matter expertise.

Special Projects, including the development of specialty databases such as Victims

Compensation tracking, Administrative Claims tracking, and performing social media collections for an agency.

(c) Each litigation support project will require the Contractor to provide different quantities and combinations of litigation support product and support service CLINs and the requirements of each project will change over time, and as the project develops. The Contractor must be capable of providing any, and all, combinations and quantities of services as described in Section C. For the purpose of illustration only, the following are hypothetical examples of requirements for small, medium, large, "mammoth," and special projects.

Small: Provide staff to analyze banking data resident on seized computers, identifying such activities as unauthorized intrusions into individual account records or use of privileged information to skim accounts.

Or

Provide a small paralegal team to review seized paper records to confirm patterns and activities uncovered by the staff analyzing machine-readable records.

Or

Provide full service automated litigation support to a case involving 50,000 pages of documents, including image capture, building an image-enabled document database, deposition support, and preparation of trial exhibits.

Medium: Provide staff to assist in reviewing investigative materials in a drug sales and drug transportation conspiracy case referred to the Criminal Division's Narcotics and

Dangerous Drug Section from the Drug Enforcement Administration (DEA), creating database(s) and documentation as necessary. The potential evidence consists of a Terabyte of Title III transcripts, two (2) years of telephone records for three (3) holding companies, a total of 500 GB of normal business records located in Washington, D.C., Brownsville, Texas, and Miami, Florida, and 500 packages of physical evidence with corresponding agent logs and index in Excel. Translation of 100 key Spanish language documents is needed immediately both to focus review of the business records and to pinpoint action for follow-up by Asset Forfeiture and Money Laundering Section attorneys. During performance of the project, the Contractor evidence review team will identify materials useful for on-going aspects of the case handled by attorneys in the Asset Forfeiture and

Money Laundering Section.

Large: Establish a full-service document center in Washington, D.C., to support investigations and cases involving nationwide financial institution fraud. Lease and fully equip 20,000 square feet of space with all computer and network equipment, document processing systems, furniture and supplies, communications lines, physical and logical security capabilities, and other needed litigation support system components. Hire and train staff of 50, including systems staff, financial transaction analysts, evidence acquisition teams, and other document center personnel. Coordinate with investigators and agents handling related matters for the FBI and other agencies. Screen and acquire over 5

TB of electronic files in their native formats on ghosted hard drives. Build image-enabled document database indices to selected subsets of these materials, totaling 1,000,000 documents. The document center team will provide a rapid litigation support deployment force for multiple grand jury actions and subsequent rapid response under the Speedy Trial

Act for five (5) trials over a two-year period. Establish remote site trial support centers for these trials. Translation of documents and interpreter services for potential witnesses are needed occasionally in Washington, D.C., and at remote discovery sites.

Mammoth: Establish a 47,000 square-foot document center in Washington, DC, to support all the needs of a 55-attorney team handling a “case family” of 10 investigations plus 30 litigations with a potential cost recovery to the Government in excess of $50 billion.

A set of Case Management Orders impose a punishingly fast schedule, with 3 cases starting trial in the first four months, 5 cases starting trial in one year, and the remaining cases in beginning discovery in successive years, each taking two years to get to trial. The litigation is estimated to take seven years and have multiple concurrent trials throughout the period. Over 75 Terabytes of electronic data and millions of pages of paper will be produced by the Government and 25 Terabytes and millions of pages by the adversary; the

Government documents are active files from three agencies which have a Washington, DC, headquarters and 10 regional offices. Adversary documents are located nationwide.

Twenty law firms represent the 30 adversary corporations. Of the paper documents, 5 million will need to be imaged and made available on-line full-text for attorney review and research. In addition, the agencies have integrated office systems for word processing and email and two prior legacy integrated systems that are stored on backup tapes, which the agencies estimate that for the five years in question in the case, 75 TB of electronic “files” will be relevant and need to be reviewed to verify relevance and establish privilege claims.

Over the course of the litigation, there will be 2,500 depositions, 150 interrogatories, and

185 experts providing reports, documents and testimony. The document center must be fully equipped, tested, and staffed with 350 trained employees within one year of commencement of the litigation.

Special Projects: Maintain and operate a Data Analytics Lab.

E-Discovery Program

The Department may also use thesecontracts to support the Justice Management Division’s (JMD) e-discovery program. The JMD e-discovery program includes projects that may not be directly related to litigation, but incorporate similar e-discovery business processes. Some examples include responding to, and providing long-term support for, Freedom of Information Act (FOIA) requests and Congressional requests for information.

Task Orders

(a) The primary user litigating Divisions have procedures which govern the process for requesting and receiving litigation support services. Procedures vary within the Divisions; however, they are intended to ensure that:

Long-range litigation support requirements are identified as part of the annual budget process for each Division;

Each Division reviews its litigation support program and requirements on an annual basis, and provides case support recommendations to its Assistant Attorney General; and, A formal request procedure is in place to respond to rapidly emerging requirements.

E-discovery projects will be managed and coordinated by JMD and the task order process will be similar to that described in this section. For example, all contractors will generally be given the opportunity to compete for e-discovery requirements but the Task Order solicitation may specify different proposal due dates, project plans and performance requirements.

(b) Typically, cases requesting litigation support are described in a brief write-up, along with a description of, and cost estimate for, the support requested. Decisions to provide or not provide the support requested are based on Division budget, case priorities within the Division/Section/Branch, and feasibility.

(c) If a decision is made to provide litigation support to one or more cases, the COR will notify the

Contracting Officer. In most cases a Task Order solicitation will be competed among the contractors. A

Statement of Work will be distributed and contractors’ technical proposals and cost estimates will be evaluated for the best value for the government. A Task Order will then be issued by the Contracting

Officer, Justice Management Division, Procurement Services Staff. The Task Order will include the

CLINs and the estimated quantities as deemed appropriate by the Division. See Section H.2.3 for the complete list of information to be included on the Task Order. The Task Order may be issued to cover a single project or cover multiple projects. After issuance of the Task Order, the Division litigation support staff will provide the Contractor with such materials as required to develop a detailed litigation support plan for each project.

(d) Within a maximum of three (3) working days after issuance of the Task Order (or even sooner in emergency situations), the Contractor shall be available to meet with the COR and/or any other

Government litigation representatives to discuss the specifications and to assure a thorough understanding of the project and/or Task Order requirements. The precise date and time for the meeting shall be as mutually agreed upon.

(e) When a preliminary written plan is required, the plan shall be prepared by the Contractor and shall include, but not be limited to, the following information:

A brief discussion of the scope of the anticipated support requirements and a detailed plan for accomplishing the task, including an outline of the steps, a schedule, a budget, all proposed case specific reports, and a quality control plan.

CLINs and estimated quantities (by CLIN) required.

Names of proposed key personnel listed by CLIN.

Type and amount of equipment and materials required.

Location(s) where work will be performed.

Any problems or concerns anticipated and corresponding recommended actions.

(f) For projects of a complex or long-term nature, the litigation support plans shall be maintained and modified/updated as necessary. The timetable for subsequent updates or revisions shall be as determined by the COR or his/her delegated representative.

(g) For Task Orders which include work to be done under time critical deadlines (such as requirements to go forward to trial under the Speedy Trial Act), accelerated delivery of support products may be required.

(h) For Task Orders that include requirements to work at field sites outside the Washington, D.C., metropolitan area, the decision to utilize CLINs from Table B-3 (Washington, D.C.- based contractor employees) with authorized travel expenses in lieu of contractor personnel hired locally (Table B-4) will depend on the planned duration of the required services. Generally, Washington, D.C.-based contractor employees will be utilized with authorized travel for any services which can be completed in a period up to three (3) months.

(i) At the completion of a project, a Task Order, or a series of Task Orders for a single project, the

Contractor may be required by the COR to submit a summary report containing a history of the project(s), important statistics for each project, operational lessons learned from the project(s), and recommendations for improving its own contribution to future projects. For long-lived projects of exceptional significance, a more detailed project evaluation report may be requested by the COR.

(j) At the completion of a Task…