15JPSS22R00000006 A0001.pdf

15JPSS22R00000006/0001 Page 1 of 1

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 1

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

05/10/2022

4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

CODE6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15JPSS22R00000006

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

05/10/2022

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to provide questions, the answers, and extend the deadline. The new deadline is May 31, 2022 at 12:00 PM ET. Please review the attachments (Pricing Sheet, QA, and 15JPSS22R00000006 A0001 for more information.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Fitzgerald V Escalona

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

05/10/2022 Previous edition unusable STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

15JPSS22R00000006 Page 1 of 86

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER PAGE 1 OF 86

5. SOLICITATION NUMBER

15JPSS22R00000006

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/11/2022

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

05/31/2022 12:00 ET

CODE9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 541512

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

XRFQ IFB RFP

14. METHOD OF SOLICITATION

CODE15. DELIVER TO

SEE SCHEDULE

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

0001 Firm Fixed Price X0001 Support Account Management (SAM)

PSC: DJ01

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

200 EA $________________ $________________

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

X

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE

X

ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Fitzgerald V Escalona

31c. DATE SIGNED

05/23/2022

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

XX

DEPARTMENT OF JUSTICE

MICROSOFT SERVICES PREMIER SUPPORT

REQUEST FOR PROPOSAL

15JPSS22R00000006

May 11, 2022

U.S. Department of Justice (DOJ) Procurement Services Staff (PSS)

Two Constitution Square 145 N Street, NE

Washington, DC 20530

U.S. Department of Justice 15JPSS22R00000006 Microsoft Services Premier Support

1.0 BACKGROUND

Within the Department of Justice (the Government, Department, or DOJ), there is a requirement to obtain Microsoft Services Premier Support (Premier or Premier Support) in support of Microsoft Corporation (Microsoft)-developed products and systems. Through a comprehensive packaged offering, Premier Support shall assist the Department in maintaining the health and well-being of these products and systems.

The Department has made a major financial commitment, which is expected to continue, in Microsoft technology. Almost all the Department’s new licenses and Software Assurance (SA) have been purchased over the years through an Enterprise License Agreement (ELA) with Microsoft. License and SA costs have been over $400 million in just the past six (6) years. While SA includes some support, DOJ components require the specific highly technical services offered through Premier Support. The required support shall ensure that the Department has direct access to Microsoft resources that can provide the

Department’s Components with comprehensive product support, while ensuring that these mission critical systems remain in proper working order.

2.0 PRICING

The Department contemplates the award of a single Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract for the acquisition of services described herein. All requirements shall be fulfilled via the issuance of individual task orders placed under the contract on a firm-fixed price basis.

2.1 Premier Support for the DOJ Enterprise shall be acquired via the issuance of individual task orders as identified above. All prices shown within Attachment 3 – “Pricing Table,” are fixed unit prices that shall be based on commercial rates and shall include all overhead and other expenses or charges necessary to provide the services specified in the contract/individual task orders. Where available, rates shall be provided to DOJ for contractor personnel who have received a DOJ..

2.2 The Department reserves the right to unilaterally increase or purchase additional support hours or incidents for any Contract Line Item Number (CLIN) ordered at any time during the term of the task order. All increases must be for work within the general scope of this contract (see Section 3 “Statement of Work”). The prices for additional support hours or incidents shall be the same as the initial batch purchased for the respective CLIN.

2.3 The Government retains the right to extend the period of performance of a task order to allow for the delivery of work that was delayed due to Contractor’s lack of staffing despite sufficient notice and planning from the Government or work performed with less than professional care and skill in accordance with the Warranty clause. A modification will be signed by both parties prior to the expiration of the term of a task order extending the period of performance defining the work to be performed during the extension.

2.4 The Contractor shall furnish all personnel and supervision required to provide support to the Department Components agency‐wide for the support services described herewith.

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

2.6 Minimum and Maximum Quantities/Amounts

a. The Department shall order a minimum amount of $500,000 under this contract vehicle. The Department shall have the entire term of the contract (to include all options) to fulfill the contract minimum. The specific CLIN and quantities ordered shall be identified in the task orders issued under this contract. The exercise of the renewal options does not re-establish the contract minimum. .

b. There are no maximum quantities or amounts for each individual CLIN, task order, or contract period. The maximum aggregate amount of all task orders issued under this contract shall not exceed $120,000,000.00 for the entire term of the contract, including all options which may be exercised. This maximum ordering limitation represents the Department’s best estimate of contract support which may be required under the program as described in Section 3 “Statement of Work”.

During the life of this contract, the Department may order items in any quantity up to the maximum amount identified in this paragraph. In the event the maximum amount is met prior to exercising all options under this IDIQ, all subsequent options will not be exercised.

2.7 Travel

There shall be no travel reimbursement to the Contractor for local travel. Local travel is defined as travel within 50 miles of the Contractor’s primary duty station. Primary duty stations shall be identified in individual task orders. All non-local travel shall be approved in advance by the Contracting Officer’s Representative (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 (FTR). Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the Contractor must submit (to the COR) a request for advance approval to utilize higher class travel. All travel should be scheduled sufficiently in advance to be able to take advantage of offered discount rates. Individual ‘travel authorization letters’ may be provided to the contractor (for all Contractor personnel who are required to travel) which may allow Contractor personnel to receive government rates when on long distance travel. The federal travel regulations and per diem rates can be accessed at: www.gsa.gov and type “FTR” in the search box. No travel reimbursement shall be authorized unless there is no advance approval from the COR and Contractor provides sufficient written evidence of actual travel costs incurred to include, but not limited to receipts, ticket stubs, registers, and/or other documentation, as required by the Government.

2.8 Unit Pricing

Pricing proposed shall be considered the maximum price, which can be billed under this IDIQ. Additional discounts may be offered, but under no circumstances shall the quoted pricing be increased without prior written approval by the Contracting Officer (CO) and the Contracting Officer’s Representative.

3.0 STATEMENT OF WORK

The objective of this Statement of Work (SOW) is to establish an enterprise-wide services contract that shall provide DOJ, including its Components, Task Forces and other related organizations, with a central http://www.gsa.gov/ contract vehicle to access Microsoft Services Premier Support. The SOW is defined around timely and effective access to Premier Support and includes all service packages and offerings, up to and including the Premier Ultimate level of support. Actual requirements shall be identified in individual task orders written against the master contract.

3.1 Support Account Management

a. The Contractor shall perform planning and coordination of tasks included in the task orders.

The efforts shall include project management, direction, administration, quality assurance, and control of the task orders.

b. The Contractor shall provide a project plan that shall include how the Contractor shall address tasks awarded against the contract and shall update this plan when new task orders are awarded.

c. The Contractor shall coordinate with the COR, the task order points of contact (POCs) as identified in specific task orders. Depending on the issue, additional points of contact may be identified at the task order level.

d. The Contractor shall coordinate and manage the resources necessary to support all tasks, including unplanned service requests that are initiated by DOJ Components. Once a service request is approved for further action in accordance with policies established by the Justice Management Division (JMD), Office of Chief Information Officer (OCIO), the Contractor shall assess the request’s urgency, status, and requirement to determine and coordinate next steps in problem evaluation and resolution.

e. The Contractor shall coordinate routinely with task order POCs and COR as necessary to ensure proper management and updates on status of issues.

f. The Contractor shall monitor performance against task requirements and provide monthly reports to the CORs and/or task order POCs. Reports shall include task and problem resolution status and performance.

g. The Contractor shall assist DOJ components in determining preventive measures that may include risk assessments, support assistance, and/or designated platform support to maintain the overall health of systems.

h. The Contractor shall participate in periodic teleconferences or meetings throughout task order performance to provide the Government with status updates and accomplishments on tasks, schedule, and other issues.

3.2 Workshops and Events

a. Workshops – The Contractor shall conduct instructor-led training sessions that emphasize technologies identified by the customer. Workshops shall be focused on training the Government to properly monitor Microsoft products and act proactively to prevent failure.

Workshops shall include lessons learned and best practices for system maintenance.

b. Events – The Contractor shall provide or provide access to special training events. Events may include broad technical presentations combined with hands-on labs that support enhanced training of Government personnel.

3.3 Problem Resolution Support –

a. Problem Request (Break-Fix) – The Contractor shall provide assistance for all break-fix requests. Incidents requiring an onsite visit shall be charged on an hourly basis. In certain situations, the Contractor shall provide the Government with a modification to the commercially available product software code to address specific critical problems

(“Hotfixes”) in response to an assisted break-fix support request. The Contractor shall provide 24/7 help desk support as requested by CORs or other authorized Government personnel identified in individual task orders. This support includes resolution of break-fix and other critical down-time issues where there is a reasonable expectation that the problems are caused by Microsoft products. Severity levels are identified below to ensure that priorities are given to high-impact issues that affect the mission of the Department.

Submission Method

Situation Contractor Response

1 Submission via phone only

Catastrophic business impact.

• Complete loss of a core (mission critical) business process and work cannot reasonably continue.

• Needs immediate attention.

Examples: Network outage, security violations, database failures affecting critical or urgent mission performance.

• First call response in 1 hour or less.

• Resources at site as soon as possible.

• Continuous effort on a 24x7 basis.

• Rapid escalation within Microsoft to Product teams.

• Notifications to *Senior Government Executives.

A Submission via phone only

Critical business impact.

• Significant loss or degradation of services.

• Needs attention within 1 hour.

Examples: Security incidents, connectivity issues, software deployment issues affecting mission performance.

• First call response in 1 hour or less.

• Resources at site as required.

• Continuous effort on a 24x7 basis.

• Notification to **Senior Government Managers.

B Submission via phone or web

Moderate business impact.

• Moderate loss or degradation of services but work can reasonably continue in an impaired manner.

• Needs attention within 2 business hours.

Examples: Software deployment, configuration, implementation, and replication issues related to site development.

• First call response in 2 hours or less.

• Continuous effort on a 24x7 basis.

C Submission via phone or web

Minimum business impact.

• Substantially functioning with minor or no impediments to services.

• Needs attention within 4 business hours.

• First call response in 4 hours or less.

• Effort during business hours only.

Example: Request for guidance on non-mission critical fixes.

*Senior Government Executives = Component level Chief Information Officer, Chief Technical Officer.

**Senior Government Managers = Component level program/project managers

b. DOJ customer has the option to order Support Assistance and/or USNAT Support Assistance.

3.4 Support Assistance

a. The Contractor shall provide Infrastructure Support Assistance, to include recommendations for platform/software design and development, informal advice, guidance, and knowledge transfer to assist the Government in implementing Microsoft technologies, and configuration support and version control to assist the Government in documenting the design and changes that shall assist in troubleshooting issues.

b. The Contractor shall provide network and architectural risk assessments that shall assist the Government in ensuring the infrastructure design and strategy shall meet the overall requirements of the mission and help avoid unplanned issues and downtime.

c. The Contractor shall provide support assistance in the development of internal software applications that shall be used on the Contractor’s platform to ensure compatibility and proper integration with Microsoft tools and technologies.

d. The Contractor shall provide the Government with access to a lab facility to assist with product development, benchmarking, testing, prototyping and migration activities.

e. DOJ customer has the option to order Support Assistance and/or USNAT Support Assistance.

3.5 Information Services – The Contractor shall provide technical information about Microsoft products and support tools that help to implement and operate Microsoft products in a more efficient and effective manner.

a. Premier Online Website – The Government may elect the option for the Contractor to provide a premier online website, which will be done without additional charge to the

GovernmentIf the Government elects this option, the Contractor shall provide the following:

i. Regularly updated product news flashes documenting key support and operational information about Microsoft products.

ii. Critical problem alerts notifying the Government of potentially high-impact problems.

iii. Web response tool for submitting and checking the status of support incidents.

iv. Microsoft Knowledge Base of technical articles and troubleshooting tools and guides.

v. Troubleshooting Information for Microsoft Products. Vendor shall provide access to Microsoft knowledge base of technical support articles, troubleshooting tools, diagnostics guides, and up-to-date information white papers and best practices.

b. Support Webcasts – Vendor shall provide Support Webcasts to Premier users. All webcasts shall be scheduled and led by Microsoft personnel covering key areas of Microsoft technology.

c. Knowledge Sharing – Vendor shall provide support for technical/program panels and special events. Knowledge Sharing support may include discussion about specific support provided to the program or key product information.

3.6 Designated Support Engineering. Designated Support Engineering (“DSE”) services may be purchased as pre-defined offerings or as a block of custom hours that can be used to deliver scoped proactive services. When purchased as hours, DSE service hours are deducted from your total purchased hours as they are utilized and delivered. Pre-defined DSE offerings are tailored to your environment and help you achieve a desired outcome. These offerings may have a focus on areas such as Office 365, Azure IaaS, Cybersecurity and Dynamics 365, and include required pre-defined proactive services built-in. The focus areas for DSE services:

a. Help maintain a deep knowledge of your current and future business requirements and configuration of Customer information technology environment to optimize performance

b. Proactively document recommendations for the use of support services –related deliverables (e.g.

supportability reviews, health checks, workshops, and risk-assessment programs)

c. Help make Customer’s deployment and operation activities consistent with Customer’s planned and current implementations of Microsoft technologies.

d. Enhance your IT staff’s technical and operational skills

e. Develop and implement strategies to help prevent future incidents and increase system availability of Customer’s covered Microsoft technologies

f. Help determine the root cause of recurring incidents and to provide recommendations to prevent further disruptions in the designated Microsoft technologies.

DSE is available during normal business hours (09:00 to 17:30) Local Standard Time, excluding holidays and weekends. DSE services support the specific Microsoft products and technologies selected by Customer. DSE services are delivered for a single support location. After normal business hours, Customer should follow existing Premier Support procedures for initiating and escalating incidents.

4.0 INSPECTION & ACCEPTANCE

4.1 Inspection and acceptance of services to be furnished hereunder shall be performed at place of performance or destination, by the COR or his/her designated representative, in accordance with FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018). The Government reserves the right to conduct any inspection and tests it deems reasonably necessary to assure that the services provided conform in all respects to the contract specifications.

Services which upon inspection are found not to be in conformance with contractual specifications shall be promptly rejected and notice of such rejection, together with appropriate instructions shall be provided to the Contractor by the Contracting Officer.

4.2 Inspection shall be completed within 30 calendar days after completion and submission of deliverables.

a. In the event services are of a continuing nature and this contract prescribes periodic payments based upon increments of time rendered (e.g., hours or months of service), completion of services shall be deemed to have occurred at the end of each whole or fractional month falling within the contract term.

b. In the event services are not of a continuing nature, such that this contract prescribes payment based upon fixed units delivered (e.g., characters keyed), completion shall be deemed to have occurred upon delivery.

c. Payment shall constitute notification of acceptance.

d. In the event payment is made up front, acceptance shall be rendered by written notice to the contractor.

e. Written notification of negative inspection results shall be furnished within 30 days after completion and delivery.

5.0 DELIVERABLES

The Contractor shall submit the following deliverables to the COR as scheduled:

5.1 Kick-off Meeting - The Contractor shall conduct a Contract Kick-off Meeting within five (5) business days of Contract award or at a time agreed to with the COR. The Kick-off Meeting shall address the following topics:

• Contract Plan of Action

• Task Risks and Mitigation Strategies

5.2 Monthly Status Report - The Contractor shall provide a monthly status report that shall be limited to four pages in length (length may be extended if necessary to communicate the issues identified below). This report shall be due no later than the 10th of each month. The monthly status report shall include at a minimum the following:

• Resource Planning and financial summary of all task orders issued under the IDIQ

• Issues (technical, management, contractual) and corresponding mitigations or remedies

• Planned activities and scheduled completion dates.

• Status of deliverables and associated milestones, if applicable.

• Interim findings, recommendations and current status on implementation plans.

• Funds obligated, funds expended in the previous month, total funds expended and funds remaining on each task order.

6.0 PERFORMANCE

6.1 Period of Performance

The period of performance for this contract is from the date of award with four additional option periods.

• Base: June 22, 2022 – June 21, 2023

• Option Year1: June 22, 2023 – June 21, 2024

• Option Year 2: June 22, 2024 – June 21, 2025

• Option Year 3: June 22, 2025 – June 21, 2026

• Option Year 4: June 22, 2026 – June 21, 2027

6.2 Place of Performance

The primary work to be performed under this contract shall be at the Contractor’s facility and/or at DOJ facilities in the Washington, DC, metropolitan area. Task Orders may identify other Government facilities both within the United States and overseas.

6.3 Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when he/she anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the COR, in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

7.0 CONTRACT ADMINISTRATION

7.1 Contract Type

This shall be a single award IDIQ with fixed price orders.

7.2 Funding

a. Funds shall be obligated on a firm fixed price basis for individual task orders.

b. The Government reserves the right to schedule the award and/or issuance of the individual orders based upon availability of funds.

7.3 Ordering

a. Orders shall be issued by the Administrative Contracting Officer (ACO) on behalf of DOJ entities requiring Microsoft Services Premier support. Services to be furnished under this contract shall be ordered by issuance of task orders issued by the U.S. Department of Justice, Procurement Services Staff, 145 N Street, NE, Washington, DC 20530.

b. Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by the ACO. Such orders may be issued anytime during the term of this contract.

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

d. Each task order issued hereunder shall contain a dollar ceiling which the contractor shall not exceed except at its own risk.

7.4 Invoice & Payments

a. The Contractor shall render invoices under each task order on the following (sample) schedule:

Invoices Payment Amount Invoice Date

Payment #1 $xxx,xxx.xx (15%) xx/xx/xxxx (start date of task order)

Payment #2 $xxx,xxx.xx (21.25%) xx/xx/xxxx (1/4 way through PoP)) Payment #3 $xxx,xxx.xx (21.25%) xx/xx/xxxx (midpoint of PoP)

Payment #4 $xxx,xxx.xx (21.25%) xx/xx/xxxx (3/4 through PoP)

Payment #5 $xxx,xxx.xx (15%) xx/xx/xxxx (Last day of PoP )

Total: $x,xxx,xxx.xx (100%)

*Note: Any change (via modification) to the total dollar value of a specific task order shall be evenly distributed across all remaining payment installments in accordance with the above schedule and effective date of the change.

b. Invoices shall be provided via email to the JMD COR and CPVendor@usdoj.gov. Invoices shall only be issued to the JMD COR and shall contain a single line item referencing each open order. Each invoice shall be accompanied with an acceptance email from Government user. To constitute a proper invoice, the following information and/or attached documentation shall be included in addition to the data discussed previously in the SOW:

i. Name and address of the Contractor.

ii. Invoice date.

iii. Contract number.

iv. Task order number.

v. Period covered by the invoice.

vi. Document control number (DCN).

vii. CLIN number and description, quantity, unit price and extended total for the period covered.

viii. Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

ix. Taxpayer Identification Number.

x. Acceptance of the invoice by the designated program official. Acceptance may be provided via signature or attached email from the Government official.

c. The COR shall certify the billed amount. Negative inspection results shall be reported immediately to the Contractor and ACO.

d. All follow-up invoices shall be marked "Duplicate of Original." Contractor questions regarding payment information or check identification should be directed to the DOJ Vendor Assistance Hotline (202) 616-6260.

e. Premier services are purchased up front via a bulk obligation. Usage against this obligation must be reviewed and accepted by the COR.

7.5 Task Order Content

a. Each task order issued under this contract shall include the following information as applicable:

i. Contract and Task Order number;

ii. Date of the order;

iii. Description of work to be performed;

iv. Work Schedule, period of performance, or required completion date; and

v. Place of delivery or performance.

7.6 Administrative Contracting Officer

a. The Administrative Contracting Officer (ACO) has the overall responsibility for the administration of this contract. He/she alone, without delegation, is authorized on behalf of the Department to amend, modify, or deviate from the contract terms, conditions, requirements, and/or delivery schedule. However, the ACO may delegate certain other responsibilities to his/her authorized representative. The ACO for this contract is:

Name: Fitzgerald Escalona

Procurement Services Staff

145 N Street, NE

Washington, DC 20530

Telephone: (202) 532-5373

E-mail: Fitzgerald.Escalona2@usdoj.gov

b. Written communications shall refer to the contract/order number and shall be mailed or e-mailed to the above address.

7.7 Contracting Officer’s Representative (COR)

a. Upon award, the Government shall designate a COR and/or Assistant COR. The COR shall be an employee of the Justice Management Division. The COR shall have overall project management and oversight responsibilities, and shall coordinate the technical aspects of this contract. The COR shall inspect items/services furnished hereunder; however, he/she shall not be authorized to change any terms and conditions of the order, including price. The COR for this order is:

Name/Address: Name: TBD

OCIO

145 N Street, NE

Washington, DC 20530

Telephone: (202) XXX-XXXX

E-mail: TBD

b. The COR shall be responsible for the technical administration of this contract. The responsibilities of the COR include, but are not limited to, inspecting deliverables. The COR is authorized to certify (but not to reject or deny) invoices for payment in accordance with the section on payments. The authority to reject or deny performance and associated invoice payment is expressly reserved for the ACO and COR.

mailto:Fitzgerald.Escalona2@usdoj.gov mailto:pamela.f.pilz@usdoj.gov

c. The ACO is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. Any such revision shall be authorized in writing by the ACO.

7.8 Contractor Representative for Contract Administration

a. The Contractor's representative shall be responsible for all contract administration issues and shall act as the central point of contact with the Government for all such issues. The representative shall have full authority to act for the Contractor in all contractual matters.

The representative shall be able to fluently read, write, and speak the English language. The Contractor's representative to be contacted for all delivery order administration matters:

Name: TBD

Address: TBD

Telephone: TBD

Fax: TBD

E-mail: TBD

7.9 Security Program Manager (SPM)

a. The Security Programs Manager (SPM) designated below in 7.9(c). The SPM is to coordinate those aspects of this contract which pertain to obtaining and maintaining security clearances at the appropriate levels for Contractor personnel performing hereunder.

b. During the pre-award phase of this contract, the SPM is responsible for performing the following duties:

i. Provide the Contracting Officer with the appropriate Contractor personnel security screening requirements (including waiver requirements, if appropriate) and background investigation (BI) requirements for obtaining services of non-federal employees under the resultant contract and task orders.

ii. Determine the risk level for each Contractor position. The risk level must be based on an overall assessment of the damage that an untrustworthy Contractor could cause to the efficiency or the integrity of Departmental operations. The SPM shall provide this information to the Contracting Officer for inclusion in the resultant contract.

iii. Certify that the personnel security requirements of the contract are adequate to ensure the security of Departmental operations, information and personnel. The SPM shall provide this written certification to the Contracting Officer prior to release of the Request for Proposals.

c. The SPM for this contract is:

Jason Walsh U.S. Department of Justice mailto:pamela.f.pilz@usdoj.gov mailto:pamela.f.pilz@usdoj.gov mailto:pamela.f.pilz@usdoj.gov

Address: 145 N Street, N.E. Washington, D.C. 20530 Telephone: (202) 305-5712 E‐mail: Jason.Walsh@usdoj.gov

d. The personnel security requirements of this contract are set forth in Attachment 2 Personnel Security Requirements.

e. Following award of this contract, the SPM shall ensure that the personnel security requirements set forth herein are followed. In addition, the SPM shall comply with the supplemental guidelines provided to him or her by the Contracting Officer.

8.0 SPECIAL CONTRACT REQUIREMENTS

8.1 Personnel Requirements

The Contractor shall provide an appropriate mix of qualified and experienced staff to perform the work as specified in Section 3.0 “Statement of Work” and as required by the individual Task Orders. Personnel shall possess significant experience and expertise in the task areas described. The Contractor’s employees shall be proficient in reading, writing, communicating, and understanding the English language.

8.2 Key Personnel

Key personnel may be designated at the contract and/or task order level. The following position(s) are “Key Personnel” at the contract level:

a. Program Manager: The Contractor shall assign a Program Manager to act as the central point of contact with the Department and shall have full authority to act on the Contractor’s behalf. The Program Manager has direct accountability for the quality of services performed and services delivered. The contract Program Manager assigned shall be readily available to the Government during normal business hours (9:00 am – 5:00 pm).

b. The Department reserves the right to review the qualifications of all staff identified as

“Key Personnel” that are selected to work on any task order before assignment,

c. Contractor support resources considered “Key Personnel” cannot be removed from the contract without 60 days written notification to the Contracting Officer without the submission of appropriate replacement staff. The Contractor staff cannot be removed from their assignment to this contract without written notification to the COR, along with the submission of appropriate replacement staff and approval by the COR and CO.

d. In the event of a key personnel resignation, the Contractor shall notify the COR and CO in writing within five (5) days of receiving notice of resignation.

e. Key personnel are not authorized to begin work under the contract/task order until the CO provides written approval of resumes, based upon the COR review and recommendations.

Only the COR and CO are authorized to approve key personnel resumes. All key personnel resumes shall be submitted for approval with the proposal, unless these personnel were approved by the CO under a previous task order. Detailed explanations must be provided mailto:Jason.Walsh@usdoj.gov if the Contractor is unable to provide key personnel resumes at the time of proposal submission. Resumes submitted after proposal submissions are still subject to the approval of the CO.

f. Contractor personnel, whose resumes were submitted to support their technical proposal demonstrating experience and skills, shall be assigned to work on the contract/task order.

Contractor personnel shall not be removed or excused from task order assignments without the written approval of the CO.

g. The Contractor shall not be permitted to commence performance under this contract until its key personnel, as determined by the COR and Security Programs Manager (SPM), have received the requisite security approval.

h. Activities shall be consistent with the methodology described in the Section 3.0 “Statement of Work”.

i. The Contractor shall maintain continuity of effort as appropriate throughout the tasks and provide a quarterly summary for all activities, including costs, risks, and lessons learned synergy of initiatives and areas for improvement.

j. The Department reserves the right to require the Contractor to remove or reassign from this Contract any “Key Personnel” Contractor employee(s) whose performance or conduct is unsatisfactory or unacceptable.

k. The contractor shall remove or reassign any “Key Personnel” employee from performance of contract tasks within five (5) working days of receiving a written notice from the Contracting Officer that the employee's performance or conduct is unsatisfactory or unacceptable. Further, the Contractor shall immediately remove any “Key Personnel” Contractor employee found to represent a real or anticipated threat to the safety of government records, Government employees, or other Contractor employees.

8.3 Organizational Conflicts of Interest (FAR 9.5)

FAR 9.5 is hereby incorporated. The Contractor warrants that, to the best of its knowledge and belief, and except as otherwise set forth in this contract/task order, it does not have any organizational conflict of interest as defined below. The term “organizational conflict of interest” means a situation where a Contractor has interests, either due to its other activities or its relationships with other organizations, which place it in a position that may be unsatisfactory or unfavorable (i) from the Government’s standpoint in being able to secure impartial, technically sound, objective assistance and advice from the Contractor, or in securing the advantages of adequate competition in its procurement; or (ii) from industry’s standpoint in that unfair competitive advantages may accrue to the Contractor in question. The Contractor agrees that, if after award it discovers an organizational conflict of interest with respect to this IDIQ or individual task orders, the contractor shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract/task order for the convenience of the Government if it would be in the best interests of the Government.

8.4 Organizational Conflict of Interest and Limitations on Contracting

a. The Contractor agrees that, for any procurements for which the Contractor performs a service under this contract, it shall not disclose any information concerning the work, including technology developed or findings and conclusions rendered by the Contractor in performing this work, without the written permission of the Contracting Officer, and shall not render any services of any kind, to anyone other than the United States Government related to this procurement

b. Note: The Contractor is prohibited from submitting proposals to evaluate its own work from a previous task order or contract, e.g., Performing a Certification & Accreditation, or any part thereof, and subsequently performing an IV&V or audit of the same system or its documentation. No exceptions shall be authorized. The restrictions stated above shall be in effect without limit to time.

8.5 Contractor Personnel

a. See also Attachment 8 PIB 2021-01 Personnel Security Requirements

b. A non‐disclosure agreement (Attachment 2) shall be signed by all Contractor and subcontractor participants barring unauthorized disclosure of Department information.

Copies of non‐disclosure agreements (Attachment 2) shall be provided to the Contractor with sufficient time for corporate review before the employees are required to sign these documents. The Contractor further agrees that it shall not disclose any information concerning the work, including technology developed or findings and conclusions rendered by the Contractor in performing this work, without the written permission of the Contracting Officer and shall not render any services of any kind to anyone other than the United States Government related to this procurement. This provision applies to any subcontractor, consultant, etc., the Contractor uses under this contract.

c. At the conclusion of the contract period, all media materials used in conjunction with this contract shall be turned in to the DOJ for destruction. This includes not only paper records, but also all removable, “consumable” media such as floppy disks, magnetic tapes, typewriter ribbons, CD‐ROMs, DAT tapes, etc. Any of these media materials that become defective during contract performance shall be immediately turned in to the DOJ for destruction. The Government shall not compensate the Contractor for the costs of these media materials.

d. At the conclusion of the contract period, the Contractor shall sanitize all other media which has been used in connection with contract work, such as PC hard drives and memory, network server hard drives and memory, etc. according to DOJ approved procedures. For example, the Government shall require the Contractor to degauss all such media or to write over the media a specified number of times (e.g., five times using software such as Norton Disk Wipe). The Contractor shall also be required to provide itemized certification that the degaussing has been completed for all equipment used in connection with the contract. If the Contractor is unable to degauss or sanitize the media to the satisfaction of the SPM, the Contractor must turn the media over to the Government for destruction. The Government shall not compensate the Contractor for the cost of this effort.

e. If any PCs, hard drives, memory, servers, etc. used in connection with the contract become defective during the contract performance period, the Contractor must either turn the media over to the Government for destruction, or sanitize the media in accordance with Government approved procedures and certify the sanitization. This also applies, of course, to equipment/media the Contractor chooses to sell or dispose of for other reasons. The Government shall not compensate the Contractor for the cost of this effort.

f. The Government reserves the right to inspect any equipment/media certified by the Contractor as having been degaussed or sanitized.

g. The Contractor must ensure that sensitive information does not remain on the storage media, including hard disks and floppy disks, when the PC is removed from the Contractor’s area for maintenance or other use. Maintenance personnel must be escorted and monitored by Department or Contractor personnel when allowed to perform on‐site maintenance for the equipment. The storage media must be removed from the PC prior to removal of the PC from the area for maintenance.

h. Any removable storage media must be appropriately marked with the classification level.

8.7 Data Communications

a. The Contractor is responsible for ensuring the security of all data transmitted internally (e.g., within and between Contractor facilities) and data transmitted between the Contractor and its subcontractors. For transmission of sensitive, non‐classified data, the COR may require the data to be encrypted in compliance with Federal Information Processing Standard (FIPS) 46‐3, Data Encryption Standard (DES) and “Security Level 1” of FIPS 140‐2, Security Requirements for Cryptographic Modules, or their successors.

b. All encryption devices must be made available for inspection upon initial award of a contract and semiannually or as otherwise directed by the SPM, COR or COR designee.

8.8 Confidentiality of Computer Systems

Any Contractor computer systems or databases utilized in the performance of this contract and/or Contractor personnel shall not be programmed to intentionally divulge or release any information utilized under this contract except as required by the contract or as directed by the CO or COR.

8.9 Standards of Conduct (FAR 3.101)

In performing this contract, Contractor personnel may be required to interact with government and non-government officials at various levels. The Contractor shall ensure that all its personnel assigned to this contract conduct their work in a courteous, professional and responsible manner, both in appearance and in deed. The standards of conduct in accordance with FAR 3.101 for DOJ and/or other client agency employees at the facility(ies) where the task services are rendered shall apply to all Contractor personnel working on or at DOJ owned or leased workspace(s).

8.10 Contractor Facility

The Contractor shall implement physical controls as necessary to maintain the integrity and confidentiality of all data/information in its possession. At a minimum, the following requirements shall be in effect for Contractor controlled spaces where information is processed and/or stored:

a. Access to the facility shall be limited to Contractor personnel or those escorted by Contractor personnel.

b. Media handling and areas where DOJ media is stored shall be restricted to Contractor personnel with DOJ security clearance.

c. All designated storage areas/containers must be made available for inspection upon initial award of a contract and semiannually or as otherwise directed by the SPM, COR or COR designee.

8.11 Facility Access

8.11.1 Rights of Egress and Ingress

During the life of this contract, the rights of ingress to and egress from the Department of Justice facility for the Contractor's representatives shall be made available as required. During all operations on Government premises, the Contractor's personnel shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The Government reserves the right to require Contractor personnel to "sign-in" upon entry and "sign-out" upon departure from the Department of Justice facility.

8.11.2 Building Access Passes

a. When any Contractor or subcontractor personnel enter a DOJ building for the first time, the Contractor shall allow one hour for security processing and the fabrication of buildings access passes.

b. Passes shall be subject to periodic review by the Contractor's Supervisor and checked against the employee's personal identification. The Contractor's employees shall present themselves for the issuance of renewed passes when required by the Government as scheduled by the COR or his designee. The Contractor shall notify the COR when employee passes are lost and must immediately apply for reissuance of a replacement pass. It is the Contractor's responsibility to return passes to the COR or his designee when a contractor employee is dismissed, terminated or assigned to duties not within the scope of this contract.

8.12 Confidentiality of Data

a. Duplication or disclosure of the data and other information to which the…