16-0003-1_USTC_ILS_Solicitation.pdf

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

UNDER DPAS (15 CFR 700)

2, CONTRACT NUMBER

16-0003

3. SOLICITATION NUMBER

16-0003-1

4. TYPE OF SOLICITATION

SEALED BID (IFS)

5, DATE ISSUED

09/20/2016

6. REQUISITION/PURCHASE NUMBER

x NEGOTIATED (RFP)

7. ISSUED BY

CODE

8, ADDRESS OFFER TO (If other than item 7)

United States Tax Court 400 Second Street, N.W. Washington, DC 20217

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

SOLICITATION

12. In compliance with the above, the undersigned agrees, if this offer is accepted within

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if

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

10. FOR A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

INFORMATION 00

CALL:

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I 'CONTRACT CLAUSES 111-2

X B SUPPLIES OR SERVICES AND PRICES/COSTS B1-2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECSJWORK STATEMENT C1-5 x J LIST OF ATTACHMENTS J1 x D PACKAGING AND MARKING D1 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE El X K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS K1-6 x F DELIVERIES OR PERFORMANCE Fl

X G CONTRACT ADMINISTRATION DATA G1 x L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L1-3 x H SPECIAL CONTRACT REQUIREMENTS H1 x M EVALUATION FACTORS FOR AWARD M1-2

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52,214-16, Minimum Bid Acceptance Period.

AREA CODE NUMBER EXTENSION

calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

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

00, 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

14. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO. DATE AMENDMENT NO DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

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

(Type o print)

158. TELEPHONE NUMBER Ns, M

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXTENSION

AWARD (To be completed by Government)

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

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

LI 10 U.S.C. 2304(c) 41 U.S.C. 3304(a) ( )

23, SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7)

Same as Item 7

25. PAYMENT WILL BE MADE BY CODE

United States Tax Court Facilities and Procurement Section, Room 0-45 400 Second Street, NW, Washington, DC 20217

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

(Signature of Contracting Officer)

28. AWARD DATE

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53 214 (c)

PART I

SECTION B

SERVICES AND PRICE

Request for Proposal: Integrated Library System with Digital Repository and Discovery Layer

Request for Proposal Issue Date: September 20, 2016 Request for Proposal Close Date: September 27, 2016 Solicitation Number: US TC -16-0003-1

B.1 INTRODUCTION

This is a best value, fixed price, open market solicitation. Proposals are due by 5:00 p.m.

EDT on Tuesday, September 27, 2016.

The Court requests proposals for an Integrated Library System (ILS) and digital archive/repository with a discovery layer capable of allowing staff to conduct a single query to search and retrieve both print and electronic resources/records. The system must be hosted externally and be "Section 508" compliant. The technical requirements are discussed further in Section C.2 below. Please also note the special requirements in Section H below.

This solicitation encompasses two phases. The initial deployment phase of the contract will start as soon as practicable after award and involves set up, data migration and conversion, and training (deployment/setup phase). The support phase will require licensing, hosting, support and maintenance, and will commence before the deployment phase is complete (support, or hosting and support, phase). The "Base Year" of the hosting and support phase of the contract will run eleven months, from November 1, 2016 through September 30, 2017. The Court will have options to extend the term of the hosting and support phase for up to four additional years, or through September 30, 2021.

Proposals will be evaluated based on Technical Capability (50%), Past Performance (30%), and Price (20%). Evaluation criteria are set forth on pages M-1 and M-2 of this solicitation.

The Tax Court utilizes Volume 14 (Procurement) of the Guide to Judiciary Policy for procurement matters. This request for proposals is being issued in Uniform Contract Format as described in Appendix lA to Volume 14. This request for proposals consists of Sections A through M. Bidders must complete Sections A, B.2, G.3, and K, and submit them with their proposals. Once an award is made, sections A through K will become the contract.

This solicitation incorporates provisions and clauses from Volume 14 by reference, with the same force and effect as if they were given in full text. The full text of each provision and clause may be found at Appendix 1B of Volume 14, Guide to Judiciary Policy, available at http://www.uscourts.gov/procurement.aspx. In addition, upon request, the Contracting Officer

B-1 will provide the full text of any provision or clause. All references to the "Court", and the "Judiciary" or the "Administrative Office of the United States Court" in any provision or clause shall be deemed to refer to the United States Tax Court. The term "contractor" refers to the successful offeror that is awarded a contract under this solicitation.

B.2 PRICE (To be completed by the offeror)

The price for the initial deployment phase—consisting of set up, data migration and conversion, and training—will be:

The price for hosting and support during the eleven months of the Base Year (November 1,2016- September 30, 2017) will be:

per month.

The price for hosting and support during Option Year 1 (government fiscal year October 1, 2017 - September 30, 2018) will be:

per month.

The price for hosting and support during Option Year 2 (government fiscal year October 1,2018 - September 30, 2019) will be:

per month.

The price for hosting and support during Option Year 3 (government fiscal year October 1,2019 - September 30, 2020) will be:

per month.

The price for hosting and support during Option Year 4 (government fiscal year October 1,2020 - September 30, 2021) will be:

per month.

B-2

SECTION C

SPECIFICATIONS

C.1 CURRENT LIBRARY ENVIRONMENT

The United States Tax Court is a national court based in Washington, D.C. that hears Federal tax disputes. The Tax Court Library (Library) stores and maintains books, serials and other resources that assist Tax Court personnel. The Court's current library system contains approximately 9,000 bibliographic records, all of which are in non-MARC format with some having non-LC classification. Also, the Library's collection includes a number of digital objects and electronic resources that are not integrated into the Library's current system, SIMA Camelot.

For example, the Library has compiled numerous legislative histories, which requires detailed original cataloging containing specific bibliographic information on a document level. Because of the nature of the Library's records, the Court anticipates an extensive conversion process with little actual migration.

C.2 SPECIFICATIONS OF WORK

A. General Requirements

The Tax Court seeks to implement an ILS and digital archive/repository that includes a modern, intuitive, and comprehensive discovery layer allowing staff to conduct a single query to search and retrieve items from the Library's resources, including print, subscription online, and digital assets (sometimes referred to herein as the system). The ILS must support all technical aspects of standard library workflow, including modules for: Acquisitions, Cataloging for both bibliographic and holding records, Circulation, and Interlibrary Loan (ILL). Hosting must be secure, reliable and backed up at intervals consistent with industry standards.

Under the new system, the Library's catalog and access to the Library's catalog must be restricted by IP addresses when onsite and by user name/password when users are offsite. The system must provide standard "Boolean", truncated, wildcard and phrase searching. The system must allow for global updating across modules with "find and replace" functionality. Moreover, the system must not require a dedicated administrator. Ease of administration and programming will be key.

The system must be hosted externally, and there cannot be a requirement for software to be installed onto local computers. Hosting should be FedRAMP compliant (or demonstrably working toward FedRAMP compliance), and must be compliant with Section 508 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794(d).

C-1

The initial deployment phase must include assistance with migration and conversion, licensing, and training (for a library staff currently consisting of 4 individuals). The Court anticipates an extended "sandbox" period.

The Library's current records are in non-MARC format in our current library system but a significant number of these records are in OCLC and could be exported into a new ILS. The records that are non-MARC and non-OCLC will require more time and attention to convert.

Also, because the current system does not include all of the objeUts in the Library's collection, the Court anticipates that Court staff will perform much of the conversion. However, the Court will consider solutions and library systems that cost-effectively assist with or manage the conversion process and decrease the amount of deployment time required, particularly with respect to the conversion of the Court's legacy records which are not available in OCLC catalogs.

Regardless, the contractor will be required to document the migration and conversion process, and to provide the Court with a detailed technical description/user manual.

As part of the support phase, the contractor must provide ongoing maintenance/upgrades for the identified ILS modules, digital archive/repository, and discovery layer. Support services must also include responses to telephone and email inquiries.

B. ILS

1. Acquisitions Module

The acquisitions module must include electronic resource management and complex accounting functions. The module must have workflow for the management of both print and electronic material, including ordering, receiving, invoicing and payment, as well as licensing and access. The module must also produce robust and detailed reports.

2. Cataloging/Serials Module(s)

The cataloging/serials module(s) must reflect the adoption of current professional bibliographic standards for all types of materials and must be able to adapt to local call numbers assigned to legacy data. Other requirements are set forth below:

• Support MARC21 formatted data. Staff should be able to import and export records in .mrc format.

• Import and export records without any loss of data in the process; the system must have ISO Z39.50 abilities for data transfer.

• Ability to import records from OCLC and other cataloging sources.

C-2

• Mandatory support of bibliographic and authority record creation using Resource Description and Access and AACR2 standards.

• Support the use of holding records to supplement bibliographic records and electronic resources with the ability to create multiple holding records for one bibliographic record or one electronic resource.

• Support LC and local classification scheme. A significant portion of the library collection is cataloged according to a local scheme and the ILS must accommodate this scheme as well as LC.

• Ability to implement FRBR (Functional Requirements for Bibliographic Records) and any future bibliographic standards.

• Ability to duplicate records for efficiently creating original titles for new editions and similar titles.

• System tracking allowing a Library staff member to make edits/changes.

• Allow drafts of bibliographic records to be saved for future editing.

• Ability to create and delete individual records, but prevent deletion of a bibliographic record if there is a holding record present.

• Link records using linking fields and support linking fields directly to the Internet.

• Ability to suppress notes from public display in both the bibliographic and holdings records.

• Ability to print spine labels from the item record level.

• Ability to generate a shelf list.

• OPAC should include single-search discovery that streamlines access to all Library physical and electronic materials.

• OPAC should allow for simple and advanced searches that would only retrieve titles from the ILS or only the digital repository, if desired.

• OPAC should be optimized for searching and viewing across mobile devices.

C-3

• OPAC should allow for printing.

3. Circulation Module

The circulation module must be compatible with 3M's RFID system, which is currently used by the Library to check out material to users and to create patron cards.

The circulation module must provide intuitive, easy to use screens for standard check-in and check-out functions. The module must also provide for accurate inventory control and usage reporting.

4. ILL Module

The ILL module must be able to record materials both lent to and borrowed from outside institutions, including public and private libraries. The ILL module, like all of the modules, must be supported with regular updates, enhancements and improvements.

C. Digital Archive/Repository

The Court seeks an archive/repository that will integrate the preservation and management of digital assets. The Library's information will not be made public and must be secure. All digital archive/repository data must be hosted and backed up by vendor according to industry best practices and standards.

The digital archive/repository must be scalable and configured to meet the Library's current and expected future needs and must have the ability to create complex digital collections within the ILS. Metadata creation for digital objects within the ILS must reflect current bibliographic or archival standards, including:

• Access to digital collection via a discovery overlay.

• Metadata written by Library staff must be permitted to integrate into the system.

• Ability to create complex collection within the repository with possible sub-collections.

• Ability to create finding aids.

D. Discovery Layer

The discovery layer must permit a federated search across all library platforms to retrieve

C-4 information, and must be able to retrieve all holdings and archived records. This tool must expose the holdings of the ILS and digital archive/repository, and also make the Library's resources discoverable for users, including print, subscription online, and digital assets. The discovery layer's software must be regularly updated. All enhancements and continued improvements are the responsibility of the contractor.

E. Customer Service and Support

Support to be provided must include:

• A project plan for the deployment/setup phase (including the conversion process) to be delivered to the Court no later than three weeks after award;.

• Workflow consultation and training for Library staff (onsite, via telephone, or online) during the deployment/setup phase;

• Responsive contractor technical support to mitigate and resolve problems quickly and accurately with minimum downtime, process and/or tools to continue core functions during downtime; and

• Customer service support such as troubleshooting and applications advice on an as-needed basis.

C.3 TERM OF THE CONTRACT

The initial phase of the contract will start as soon as practicable after award and involves set up, data migration and conversion, and training (the deployment phase). The initial term of the hosting and support phase will begin November 1, 2016 and end September 30, 2017, with the deployment phase running concurrently with hosting and support. In accordance with Clause 2-90D, set forth in its entirety at Part II, Section I, infra the Court may by written notice(s) extend the term of the hosting and support contract for a total period of performance of up to four additional years, or until September 30, 2021. The Court anticipates extending the term of this contract by 12-month periods corresponding to the government fiscal year, but is not required to do so. In addition, in accordance with Clause 2-90C, set forth in its entirety at Part II, Section I, infra, the Tax Court may by written notice(s) extend the term of any or all of the specific services to be provided under this contract for a total period not to exceed six (6) months.

C-5

SECTION D

PACKAGING AND MARKING

NOT APPLICABLE

[This space intentionally blank.]

D-1

SECTION E

INSPECTION AND ACCEPTANCE

Clause 2-5B Inspection of Services

E-1

SECTION F

DELIVERY AND PERFORMANCE

NOT APPLICABLE

F-1

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

This contract will be administered by (see Clause 7-1, Contract Administration):

Stephanie Servoss, Clerk of the Court United States Tax Court 400 Second Street, N.W.

Washington, D.C. 20217

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer's Representative (COR) for this contract is (see Clause 7-5, Contracting Officer's Representative):

Nancy Ciliberti, Librarian United States Tax Court 400 Second Street, N.W.

Washington, D.C. 20217

G.3 CONTRACTOR REPRESENTATIVE

Clause 7-10, Contractor Representative

(a) The contractor's representative to be contacted for all contract administration matter is as follows (contractor complete the information):

Name:

Address:

Telephone:

E-mail:

Fax:

(b) The contractor's representative shall act as the central point of contact with the Tax Court, shall be responsible for all contract administration issues relative to this contract, and shall have full authority to act for and legally bind the contractor on all such issues.

G.4 ADDITIONAL CLAUSES

Clause 7-125 Invoices

G-1

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 SECURITY

Contractors working on site at the Tax Court must not have prior felony convictions, open warrants, or any kind of criminal record which would violate Federal security standards for access to a secure building. The Court retains the right to request that particular personnel not service the account.

11.2 ADDITIONAL CLAUSES

Clause 7-45 Travel Contractor travel costs will not be compensated by the Court.

H-1

PART II

SECTION I

ADDITIONAL CONTRACT CLAUSES

Clause 1-10 Gratuities or Gifts

Clause 2-20C Warranty of Services

a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the judiciary by which the judiciary assumes for itself, or as an agent of another, approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the judiciary or any provision concerning the conclusiveness thereof, the contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The contracting officer will give written notice of any defect or nonconformance to the contractor promptly.

This notice will state either

(1) that the contractor shall correct or re-perform any defective or nonconforming services; or

(2) that the judiciary does not require correction or re-performance.

(c) If the contractor is required to correct or re-perform, it shall be at no cost to the judiciary, and any services corrected or re-performed by the contractor shall be subject to this clause to the same extent as work initially performed. If the contractor fails or refiises to correct or re-perform, the contracting officer may, by contract or otherwise, correct or replace with similar services and charge to the contractor the cost occasioned to the judiciary thereby, or make an equitable adjustment in the contract price.

(d) If the judiciary does not require correction or re-performance, the contracting officer will make an equitable adjustment in the contract price.

Clause 2-50

Continuity of Services

Clause 2-90C

Option to Extend Services

The Court may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. This 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 no later than 20 calendar days prior to the contract's current expiration date.

I-1

Clause 2-90D Option to Extend the Term of the Contract

(a) The Court may extend the term of this contract by written notice to the contractor no later than 30 calendar days prior to the contract's current expiration date.

(b) If the Court 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 5 years.

Clause 3-3 Provisions, Clauses, Terms and Conditions - Small Purchases

Clause 3-25 Protecting the Tax Court's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Clause 3-35 Covenant Against Contingent Fees

Clause 3-40 Restrictions on Subcontractor Sales to the Tax Court

Clause 3-45 Anti-Kickback Procedures

Clause 3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

Clause 3-55 Price or Fee Adjustment for Illegal or Improper Activity

Clause 3-105 Audit and Records

Clause 3-120 Order of Precedence

Clause 3-140 Notice to the Tax Court of Labor Disputes

Clause 3-205 Protest After Award

Clause 7-15 Observance of Regulations/Standards of Conduct

Clause 7-25 Indemnification

Clause 7-95 Contractor Inspection Requirements

Clause 7-100B Limitation of Liability (Services)

Clause 7-110 Bankruptcy

Clause 7-215 Notification of Ownership Change

Clause 7-220 Termination for Convenience of the Tax Court (Fixed Price)

Clause 7-230 Termination for Default (Fixed Price — Products and Services)

1-2

PART III

SECTION J

LIST OF ATTACHMENTS

NOT APPLICABLE

J-1

PART IV

SECTION K

REPRESENTATIONS, CERTIFICATIONS

AND OTHER STATEMENTS OF OFFEROR

The provisions listed in this section include blocks that must be completed by the offeror and submitted with its offer.

Provision 3-5 Taxpayer Identification and Other Offeror Information

(a) Definition.

"Taxpayer Identification (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a social security number or an employer identification number.

All offerors shall submit the information required in paragraphs (d) and (e) of this provision to comply with debt collection requirements of 31 U.S.C. §§ 7701(c) and 3325(d), reporting requirements of 26 U.S.C. §§ 6041, 6041A, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the government (31 U.S.C. § 7701(c)(3)). If the resulting contract is subject to payment recording requirements, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN):

[] TIN has been applied for.

[] TIN is not required, because:

[] Offeror is a nonresident alien, foreign corporation or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[] Offeror is an agency or instrumentality of a foreign government;

[] Offeror is an agency or instrumentality of the federal government.

K-1

(e) Type of Organization:

[] sole proprietorship;

[] partnership;

[] corporate entity (not tax-exempt);

[] corporate entity (tax-exempt);

[] government entity (federal, state or local);

[] foreign government;

[] international organization per 26 CFR 1.6049-4;

[] other

Contractor representations.

The offeror represents as part of its offer that it is [ 1, is not [ ] 51% owned and the management and daily operations are controlled by one or more members of the selected socio-economic group(s) below:

Women Owned Business [] Minority Owned Business (if selected then one sub-type is required) [] Black American Owned [] Hispanic American Owned [] Native American Owned (American Indians, Eskimos, Aleuts, or Native Hawaiians) [] Asian-Pacific American Owned (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)

Subcontinent Asian (Asian-Indian) American Owned (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal) [] Individual/concern, other than one of the preceding.

Provision 3-15 Place of Performance

The place of performance is the United States Tax Court, located at 400 Second St., N.W., Washington, DC 20217.

K-2

Provision 3-20 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters

(a)(1) The offeror certifies, to the best of its knowledge and belief, that:

(i) the offeror and/or any of its principals:

(A) are are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency;

(B) have have not within the three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating federal criminal tax laws, or receiving stolen property;

(C) are are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) have , have not within a three-year period preceding this offer, been notified of any delinquent federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under

I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing

K-3 with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.

This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362.

(ii) The offeror has has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any federal agency.

(2) "Principal," for the purposes of this certification, means an officer; director; owner;

partner or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division, or business segment, and similar positions).

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. Sec. 1001.

(b) The offeror shall provide immediate written notice to the contracting officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(9) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the offeror's responsibility. Failure of the offeror to furnish a certification or provide such additional information as requested by the contracting officer may render the offeror nonresponsible.

(d) Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the

K-4 offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Tax Court, the contracting officer may terminate the contract resulting from this solicitation for default.

Provision 3-30 Certificate of Independent Price Determination

restricting competition, any consultation, communication, or agreement, with any other offeror or with any competitor relating to:

(A) those prices;

(B) the intention to submit an offer; or

(C) the methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or contract award unless otherwise required by law; and

(3) no attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory —

(1) is the person in the offeror's organization responsible for determining the prices in this offer, and that the signatory has not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2) (i) has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision (insert full name of person(s) in the offeror's organization responsible for determining the prices in this offer, and the title of his or her position in the offeror's organization);

(ii) as an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision; have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) as an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror shall furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

K-5

Provision 3-130 Authorized Negotiators

The offeror represents that the allowing persons are authorized to negotiate on its behalf with the Tax Court in connection with this solicitation (offeror lists names, titles, and telephone numbers of the authorized negotiators).

Name:

Title

Telephone:

Fax:

Email:

K-6

SECTION L

INSTRUCTIONS, CONDITIONS, NOTICES TO OFFERORS

L.1 TYPE OF CONTRACT

See Provision 4-1. The Tax Court plans to award a fixed price contract under this solicitation, and all offers shall be submitted on this basis. Alternate offers based on other contract types will not be considered.

L.2 OFFERS

(a) All offers must demonstrate that the offeror has a thorough understanding of this solicitation's specifications and requirements. Offers must also demonstrate that the offeror is able, willing, and competent to devote the resources necessary to implement and support the proposed system. Offerors must demonstrate that they have the infrastructure and technical capability to support both deployment and ongoing support.

Offers may include past performance descriptions and references with respect to solutions and support provided within the past three (3) years that are similar in scope, size, and complexity. Offerors are encouraged to include references, especially those from other Federal and court libraries, to aid in evaluation of their offer.

One copy of each offer will be sufficient, and offers need not be broken into separate submissions for the various evaluation factors. However, detailed breakdowns demonstrating how each general element is satisfied are welcome.

(b) Offers must be received by the U.S. Tax Court on or before 5:00 p.m. EDT on Tuesday, September 27, 2016. Offers may be (1) sent via electronic mail to procurement@ustaxcourt.gov, (2) mailed to the Court c/o Facilities Management, Rm.

G-45, U.S. Tax Court, 400 2nd Street N.W., Washington D.C. 20217, or hand-delivered to that same address. Note that mail sent to the Tax Court through the United States Postal Service may be delayed due to special screening procedures.

(c) Modification, Revisions, and Withdrawal of Offers

(1) Offers may be withdrawn by written notice received at any time before award.

Withdrawals are effective upon receipt of notice by the contracting officer.

(2) Offerors may submit modifications to their offers at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(3) Offerors may submit revised offers only if requested or allowed by the

L-1 contracting officer.

(d) Restriction on Disclosure and Use of Data

Offerors that include in their offers data that they do not want disclosed to the public for any purpose, or used by the Tax Court except for evaluation purposes, shall:

Mark the title page with the following legend:

This offer includes data that shall not be disclosed outside the Tax Court and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this offer. If, however, a contract is awarded to this offeror as a result of or in connection with the submission of this data, the Tax Court shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Tax Court's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this offer.

L.3 LATE OFFERS

Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Tax Court by 5:00 p.m. EDT on Tuesday, September 27, 2016. Any proposal received after the deadline is "late" and will not be considered unless it is received before an award is made and the contracting officer determines that accepting the late proposal for consideration would not unduly delay the acquisition.

L.4 AWARD

A written award or acceptance of an offer that is mailed or otherwise furnished to the successful offeror within the time specified in the offer shall result in a binding contract without further action by either party.

L.5 OTHER CONSIDERATIONS

• The Court intends to award a contract resulting from this solicitation to the responsible offeror whose proposal represents the best value after evaluation in accordance with the factors

L-2 listed in the solicitation. The offeror's initial proposal should contain the best terms from the offeror's standpoint. However, the Court may request demonstrations and/or tests of a mockup of the proposed system before making a final award, and the Court reserves the right to conduct discussions if the Contracting Officer determines them to be necessary. The Court may waive informalities and minor irregularities in proposals received, and it may reject any or all proposals if such action is in the Court's interest.

L.6 ADDITIONAL PROVISIONS

Provision 2-70 Site Visit

Provision 3-85 Explanation to Prospective Offerors

Any prospective offeror desiring a written explanation or interpretation of any aspects of this request for proposals may submit questions via email to procurement@ustaxcourtgov. The Court suggests that questions be submitted in sufficient time to permit responses before offers are due but no later than Friday, September 23, 2016. Telephone inquiries will not be accepted. Any information provided to a prospective offeror will be furnished promptly to all other prospective offerors as an amendment to the request for proposals, if that information is deemed by the contracting officer to be necessary in submitting offers, or if, in the judgment of the contracting officer, the lack of it would be prejudicial to any other prospective offerors. Contact with any other Tax Court official, except the contracting officer, or without the contracting officer's express consent, concerning this request for proposal may result in disqualification of the offeror from consideration for award.

Provision 3-95 Preparation of Offers

Provision 3-100 Instructions to Offerors

L-3

SECTION M

EVALUATION FACTORS FOR AWARD

Proposals must be realistic in technical approach and price or they will not be considered for award.

M.1 EVALUATION FACTORS

The award will be made on a competitive best-value basis, using a trade-off between price and non-price factors. The Court may elect to award to other than the lowest priced offeror, or to other than the offeror with the proposal that is highest rated on non-price factors. Although technical factors are the most important consideration in the award, price will also be important to the overall award decision. All evaluation factors other than price, when combined, are significantly more important than price. An award will be made to the offeror whose proposal conforms to the requirements and is most advantageous to the Court with all factors considered.

Proposals will be evaluated on the following three factors, weighted as follows:

Technical Skill - 50% Past Performance - 30% Price- 20%

M.2 TECHNICAL SKILL -50%

Proposals will be evaluated based on the extent to which they demonstrate:

(1) the offeror's thorough understanding of the technical requirements involved and the institutional capability and resources to meet them on a scalable, user-friendly, and ongoing basis.

(2) that the product and/or system satisfies the Court's requirements as identified in Section C either through standard features or a customized solution appropriate for a collection of the size and type in the Court's Library;

(3) the offeror's ability to provide technical training to the Library staff during the deployment/setup phase, as well as ongoing support during the term of the hosting and support phase.

M.3 PAST PERFORMANCE -30%

Offers will be evaluated based on the extent to which they demonstrate that the offeror

M-1 has experience successfully migrating a collection of the size and type in the Court's Library to its system and maintaining the vendor relationship for an extended period of time. Offerors are encouraged to include references, especially those from other Federal and court libraries, to aid in evaluation of their offer.

M.4 PRICE -20%

Proposals will be evaluated based on the total price to the Court for a system providing the components and requirements as identified in Section C, including both the price for the deployment/setup phase and the support phase. While price is a factor to be considered, it is not the most important factor. All evaluation factors other than price, when combined, are significantly more important than price. The Court may make an award to an offeror that demonstrates superior technical skill and past performance with respect to a particular solution, even if such an award would result in a higher total price to the Court.

M.5 ADDITIONAL PROVISIONS

Provision 2-85C Evaluation of Options Exercised at Time of Contract Award

M-2