RFP 15JPSS24R00000023 Intl Process Serving Amendment 1.pdf

RFP No. 15JPSS24R00000023-A1 International Process Serving

U.S. Department of Justice

Justice Management Division

Procurement Services Staff

Request for Proposal (RFP) No. 15JPSS24R00000023- AMENDMENT 1

(See Highlights in yellow and right bar)

International Process Serving

Issue Date: October 15, 2024

SECTION B- Continuation of the SF1449 Schedule of Supplies or Services

B.1 General

This requirement is being issued by the Department of Justice (DOJ), Justice Management Division, Procurement Services Staff (PSS). The DOJ will conduct this acquisition using Federal Acquisition

Regulation (FAR) Subpart 13.5 and 12.

North American Industrial Classification Code (NAICS)

The following primary North American Industry Classification Code (NAICS Codes) is applicable to this contract:

541199 All Other Legal Services

B.2 Contract Type – Firm Fixed Price

B.3 Contract Type & Description

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

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

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

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

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

Additional Protocol to the Inter-

American Convention on Letters

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

(b) This contract is a vehicle that applicants in foreign countries may use, at their sole discretion, to request service of legal documents pursuant to these established Conventions or through diplomatic channels. The Contractor shall provide all resources necessary to perform the services described herein at the fixed prices specified in Section B.5 Pricing and Payment Methods. All services shall be performed at no cost to the U.S. Government. Payment for all services rendered by the Contractor will be made by the foreign authority (“foreign applicant”) seeking the service of the legal documents. The U.S. Government will not be liable for, nor involved in any manner with, payment for services performed by the Contractor.

(c) The Government estimates an award of the follow-on contract by January 02, 2025 to allow adequate time, if necessary, for transition and start-up tasks as specified herein. The follow-on

Contractor shall be prepared to assume all duties by the planned February 01, 2025 effective date for the follow-on contract.

B.4 Estimated Volume of Work http://www.hcch.net/index_en.php?act=conventions.text&cid=17 http://www.hcch.net/index_en.php?act=conventions.text&cid=17 http://www.oas.org/juridico/english/treaties/b-36.html

Due to the nature of the services required under the proposed contract, it is not possible to predict the volume of work. It is estimated that approximately 9,000 annual requests for service have been received in recent years. For informational purposes only, the volume of work performed under the current Contract No. 15JPSS20C00000051 is shown in the tables below. It should be noted that there is no guarantee that the volumes shown in the tables below will reflect actual volumes in the performance of the contract to be awarded under this solicitation.

Incoming Requests

Year Hague Inter-

American

Letters

Rogatory Total

2019-2020 7,982 1,062 124 9,168

2020-2021 5,776 624 79 6,479

2021-2022 8,200 859 101 9,160

2022-2023 7,239 937 95 8,271

Outgoing Requests

Year Inter-American

2020 42

2021 43

2022 50

2023 66

Year Grand Total

2019-2020 9,210

2020-2021 6,522

2021-2022 9,210

2022-2023 8,337

B.5 Pricing and Payment Methods

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

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

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

Template.

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

B.7 Place of Performance

All work shall take place at the Contractor’s facilities. Performance may take place anywhere in the

CONUS and OCONUS United States and its territories (Guam, American Samoa, Puerto Rico, U.S.

Virgin Islands, and Northern Mariana Islands), and the District of Columbia.

B.8 Statement of Work

1.1 Background

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

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

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

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

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

Authority receives requests for service of documents from the judicial and competent authorities of nation-states that are parties to the Hague Service Convention and the Additional Protocol to the Inter-American Convention, and also letters rogatory received through diplomatic channels. It also functions as the conduit and Central Authority for sending service requests that originate in

United States courts to countries that are signatories to the Additional Protocol to the Inter-

American Convention.

2.0 Specifications/ Work Statement

2.1 Scope

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

Islands), and the District of Columbia.

2.2 Program Management and Staffing

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

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

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

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

Personnel under this contract.

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

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

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

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

2.2.2 Program Manager (Key Personnel)

Duties and responsibilities

The Program Manager shall have overall responsibility for the project tasks and shall be the principal point of contact for issues related to required project tasks, quality control and problem resolution. S/he must have a detailed understanding of the project objectives and subject matter expertise to determine the suitability of proposed staff and to provide quality control during contract performance. The Program Manager will be accountable for all deliverables.

Program Manager - Qualifications required and preferred:

A Juris Doctor (J.D.) degree is preferred but a graduate degree is required. Experience working with international service or with international clients is required. A minimum of two years of project management experience is required. A minimum of 6 years of total work experience is required. Significant litigation-related experience is preferred. Work experience in multiple regions throughout the world and/or demonstrated ability to communicate with people from different cultures and countries is preferred. Strong management skills, writing skills, and interpersonal skills for dealing with a wide variety of project issues and with international clients is preferred.

2.2.3 Tasks

2.2.3.1 Receiving Incoming Process Serving Requests

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

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

Section 2.2.3.7.

2.3.1.1 Processing New Service Requests

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

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

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

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

(c) Alternatively, if a request is complete and complies with the requirements, the

Contractor shall establish the file, containing the necessary documents, and execute the service request.

(d) The Contractor shall retain an electronic copy of all certificates, proofs of service, and deficiency letters for the duration of this contract.

2.3.1.2 Establishing Records

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

2.3.1.3 Responding to Inquiries and Requests for Information

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

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

2.2.3.1.4 Correspondence with External Parties

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

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

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

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

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

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

2.2.3.2 Serving the Documents

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

Specifically, the Contractor shall attempt to serve the foreign documents by one of the methods described in the sections below and within the specified timeframe. However, the Contractor shall not serve by mail.

2.3.2.1 Personal Service

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

4(c)(1) and (2), and 4(e). The Contractor, however, shall not serve by mail. The Contractor shall undertake a minimum of four attempts to serve personally. As these requests come from abroad, the name or address of the person or entity to be served may be misspelled, incorrect, or incomplete. If it appears that the name or address is incorrect or incomplete, the Contractor shall use other sources (i.e., public database searches, local telephone directory, postal tracker, internet sources, etc.) and make reasonable efforts to attempt to correct the name or address before returning the request to the foreign applicant unexecuted. The Contractor shall not unduly delay the service of the documents. If there are delays in trying to locate or serve an individual or entity, the Contractor should make attempts to provide status updates to the foreign applicant. If the Contractor cannot locate the individual or entity at the address provided in the request but uses specialized and comprehensive tools (or deep skip-tracing) to find an entirely new address, the

Contractor may ask the foreign applicant for a new quoted fee (to be determined by the new award) if the foreign applicant confirms it wants to have the documents served at the new address.

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

2.3.2.3 Recording Service

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

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

46.html), and/or a functional equivalent thereof, as applicable, and return it to the requesting authority or applicant, as applicable. All entries shall be typed or legibly printed. Please note that, if service has not been made, specific reasons, not generalities such as “subject cannot be located,” shall be given in the remarks section of the form. The Contractor must keep a record of all certificates and proofs of service for the duration of this contract.

2.3.2.4 Translations

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

2.3.2.4.1 If a request is made under the Hague Service Convention and the request and accompanying documents are written in a language other than English or

French, they shall be returned unserved to the foreign applicant under Articles 4, 5 and 7 of the Hague Service Convention, except in those cases where it has been requested to effect service delivery to an addressee who accepts it voluntarily in accordance Article 5, paragraph 2 of the Convention. In this case, the Contractor shall inform the recipient that acceptance is purely voluntary.

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

3.2.4.3 If a request is made under the Inter-American Convention and the request and accompanying documents are written in a language other than English, they https://www.hcch.net/en/publications-and-studies/details4/?pid=6560&dtid=65 shall be returned unserved to the foreign applicant under Article 18 of the Inter-

American Convention, except in those cases where it has been requested to effect service delivery to an addressee who accepts it voluntarily. In this case, the

Contractor shall inform the recipient that acceptance is purely voluntary.

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

2.3.2.5 Service in the Absence of Treaty or Convention

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

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

2.3.2.6 Service Upon United States Government and Agencies

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

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

2.3.3 Processing Inter-American Convention Outgoing Service Requests

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

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

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

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

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

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

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

2.3.5 Website

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

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

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

Contractor believes would be useful to foreign applicants. The Contractor must also provide a mechanism by which a foreign applicant can submit requests for service within the United States electronically and then track the status of such requests if the request is made online. The content and language of this public website shall be subject to the approval of the COR and OIJA, and, while it may have a link to another website that relates to non-contractual commercial products or services otherwise offered to the public by the Contractor, it may not have a description of those other commercial products or services. The URL selected for the public website relating to its work under this contract shall be chosen so as to reasonably avoid confusion with other websites maintained by or on behalf of the Contractor or its affiliates dealing with services or products not required under this contract. The website shall be operational by the time the Contractor is required to begin full performance under the contract. The website must be maintained and kept up to date and any website revisions, when necessary and agreed to by the COR and the

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

2.3.6 Record Keeping

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

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

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

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

(1) a unique control number for the request;

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

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

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

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

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

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

American Convention, or letters rogatory through the U.S. Department of

State;

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

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

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

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

(12) the date of disposition;

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

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

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

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

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

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

2.3.7 Reporting and File Requirements

2.3.7.1 Monthly Reports

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

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

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

(b) For service in the United States and its territories, the first report shall provide a monthly summary of the following information separately for each country of origin, subtotaled by the method of submission (Hague Service Convention, Inter-American Convention, U.S.

Department of State), and in total for all countries:

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

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

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

(4) Total number of requests rejected;

(5) Total number of requests successfully served;

(6) Average number of days when successfully served;

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

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

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

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

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

(1) Foreign applicant;

(2) Reference number;

(3) Date of receipt by the Contractor;

(4) Country of origin;

(5) Method of submission;

(6) Person or entity to be served;

(7) Total days request has been pending; and

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

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

(1) Foreign applicant;

(2) Reference number;

(3) Date of receipt by the Contractor;

(4) Country of origin;

(5) Method of submission;

(6) Person or entity to be served;

(7) Reason(s) for rejection; and

(8) Days it took to process the rejection.

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

Inter-American Convention, to include the following information:

(1) Date of receipt by the Contractor;

(2) Country of destination;

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

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

(5) Total number of requests rejected;

(6) Total number of requests successfully delivered abroad;

(7) Average days before delivery was completed;

(8) Total number of requests completed; and

(9) Total number of requests remaining.

2.2.3.7.2 Quarterly and Annual Reports

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

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

(2) Total number of requests rejected;

(3) Total number of requests successfully served;

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

(5) Total number of requests remaining.

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

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

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

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

2.2.3.8 Training

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

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

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

2.3.9 Contract Phase-In

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

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

• The informational website is established, operational, and accessible.

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

• The methods of making payments are operational.

2.3.10 Contract Phase-Out

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

B.9 Inspection and Acceptance Criteria

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

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

b. Clarity - Work Products shall be clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative.

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

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

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

Directives or Manuals.

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

B.10 Period of Performance

The proposed contract period is expected to include a base period and four (4) option periods as shown in the table below.

Contract Term

Base Period 02/01/2025-01/31/2026

Option Period 1 02/01/2026-01/31/2027

Option Period 2 02/01/2027-01/31/2028

Option Period 3 02/01/2028-01/31/2029

Option Period 4 02/01/2029-01/31/2030

B.10.1. Option to Extend Term of Contract

(a) The Government may extend the term of this contract by written notice to the

Contractor at any time within the term of the contract, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least fifteen (15) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (66) months.

B.10.2 Option to Extend Services (FAR 52.217-8) (Nov 1999)

The Government may require continued performance of any services within the limits and at the unit prices specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

The Contracting Officer may exercise the option by written notice to the Contractor within

30 days of contract expiration.

B.11 Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when it 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. The written notice shall be informational only in character and 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.

B.12 Breach of Contract

The Contractor specifically acknowledges that it is bound to comply completely with each and every one of the provisions herein that pertain to Contractor performance, and that its failure to do so shall constitute a breach of contract. The Government’s forbearance, in reaction to a specific breach by the Contractor, shall not diminish its right to enforce any of the remedies available to it for a subsequent breach of the same or any other provision of this contract.

B.13 Administrative Contracting Officer

The Administrative Contracting Officer (ACO) has the overall responsibility for the administration of this contract. He/she alone, without delegation, is authorized to take actions on behalf of the Department to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the ACO may delegate certain other responsibilities to his/her authorized representatives. This contract will be administered by:

TBD

B.14 Contracting Officer's Representative (COR)

a. The performance of work required herein shall be subject to the technical direction of the cognizant COR or her designee with respect to technical matters pertaining hereto in accordance with Clause 2852.201-70. As used herein, "Technical Direction" is direction to the Contractor which fills in details, suggests possible lines of inquiry, or otherwise supplements the scope of work. "Technical Direction" must be confined to the general scope of work set forth herein and shall not constitute a new assignment, nor supersede or modify any other clause of this contract.

To be valid, technical direction:

(1) must be issued in writing consistent with the general scope of work set forth in the contract;

(2) shall not change the expressed terms, conditions, or specifications incorporated into this contract; and

(3) shall not constitute a basis for extension to the contract delivery schedule or contract price.

b. The COR is authorized to:

(1) Act as liaison and to coordinate Contractor/Government activities;

(2) Arrange for and coordinate the use of Government resources (personnel, space, documents, etc.);

(3) Provide technical guidance in the performance of the contract; and

(4) Receive, review and approve (but not reject or deny) progress reports, selected invoices and final reports or other functions of a technical nature. The authority to reject performance and deny associated invoices is expressly reserved for the CO.

c. The COR does not have the authority to alter the Contractor's obligations under the contract;

direct changes that fall within the purview of the clause entitled "Changes" and/or modify any of the expressed terms, conditions, specifications, or price of the contract. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specification/Work

Statement, the CO shall issue such changes in writing and signed.

d. The COR assigned cognizance of this contract is:

TBD

e. A copy of all written communications shall be concurrently mailed or otherwise furnished to the CO.

B.15 Contractor Representative

(a) The Contractor's representative to be contacted for all contract administration matters:

Name, Address, Telephone, Fax and E-mail to be filled-in at time of award

(b) 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.

SECTION C- CONTRACT CLAUSES

C.1 DOJ-01 Whistleblower Information Distribution (Oct 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the

“Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-

Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract

(https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR 3.908 & 52.203-17 and commits to distribution. Within

45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.

C.2 DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984) and FAR 52.224-2 Privacy

Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices

(SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj-systems-records.[1] Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal Digital

System (FDsys) available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

(2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment

N/A

(3) Prior Approval Required to Hire Subcontractors

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The

Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

(4) Separation Checklist for Contractor Employees

The Contractor shall complete and submit an appropriate separation checklist to the Contracting

Officer before any employee or Subcontractor employee terminates working on the contract. The

Contractor must submit the separation checklist on or before the last day of employment or work on the contract. The separation checklist must verify: (1) return of any Government-furnished equipment; (2) return or proper disposition of personally identifiable information (PII)[2], in paper or electronic form, in the custody of the employee or Subcontractor employee including the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technological access to the Contractor’s facilities or systems that would permit the terminated employee’s access to

PII or other sensitive information.

In the event of adverse job actions resulting in the dismissal of a Contractor or Subcontractor employee before the separation checklist can be completed, the Prime Contractor must notify the

Contracting Officer within 24 hours and confirm receipt of the notification. In the case the Contractor is unable to notify the Contracting Officer, then the Contractor should notify the Contract Officer’s

Representative (COR).

Contractors must complete the separation checklist with the Contracting Officer or COR by returning all Government-furnished property including, but not limited to, computer equipment, thumb drives, media, credentials and passports, smart cards, mobile devices, Personal Identity Verification (PIV) cards, calling cards, and keys and terminating access to all user accounts and systems. Unless the

Contracting Officer requests otherwise, the relevant Program Manager or other Key Personnel designated by the Contracting Officer or COR may facilitate the return of equipment.

B. Privacy Training, Safeguarding, and Remediation

(1) Required Security and Privacy Training for Contractors

The Contractor must ensure that all employees take appropriate privacy training, including

Subcontractors who have access to PII as well as the creation, use, dissemination and/or destruction of

PII at the outset of the employee’s work on the contract and every year thereafter. Training must include procedures on how to properly handle PII, including heightened security requirements for the transporting or transmission of sensitive PII, and reporting requirements for a suspected breach or loss of PII. These courses, along with more information about DOJ security and training requirements for

Contractors, are available at https://www.justice.gov/jmd/learndoj. The Federal Information Security

Modernization Act of 2014 (FISMA) requires all individuals accessing DOJ information to complete training on records management, cybersecurity awareness, and information system privacy awareness.

Contractor employees are required to sign the “Privacy Rules of Behavior,” acknowledging and agreeing to abide by privacy law, policy, and…