16PBGC18R0011.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

RQ-33-19-000003

16PBGC18R0011 AUG 15, 2018

Judene Dayes 202-326-4000 3321

12:00 PM ET

PD

PENSION BENEFIT GUARANTY CORP

PROCUREMENT DEPARTMENT

1225 I STREET NW

WASHINGTON DC 20005-4026

523991

See Schedule see continuation page for line item details.

See Schedule

AUG 24, 2018

Please

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

16PBGC18R0011

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

The item(s) below are used for PBGC internal funding purposes only. The official Contract Line Item Number (CLIN) schedule follows in the Pricing Schedule. The contractor shall invoice in accordance with the official CLIN schedule and clause PBGC 52.232-7000 Submission of Invoices (Fixed-Price) (MAR 2017).

0001 The Contractor shall provide qualified, experienced and highly competent Contractor to operate and manage the OGC Communications Center/File Room in accordance with the attached Pricing Schedule and Statement of Work (SOW).

PR NUMBER: RQ-33-19-000003

DELIVERY DATE: 09/30/2019

SHIP TO:

PENSION BENEFIT GUARANTY CORP -

RECEIVING ROOM

1200 K ST NW (ALLEY ENTRANCE)

WASHINGTON DC 20005-4026

FOB : Destination Period of Performance: 10/01/2018 to 09/30/2019

1.00 EA

PAGE 3 OF 50 16PBGC18R0011

Table of Contents

RFP

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (JUL 2018)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011)

52.222-17 {52.222-17} NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.247-34 F.O.B. DESTINATION (NOV 1991)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

PBGC 52.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (JAN 2012)

PBGC 52.204-7000 RECORDS MANAGEMENT (SEP 2017)

PBGC 52.209-7001 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 2017)

PBGC 52.209-7002 HANDLING PBGC DATA (MAY 2017)

PBGC 52.232-7000 SUBMISSION OF INVOICES (FIXED-PRICE) (SEPT 2017)

PBGC 52.237-7000 KEY PERSONNEL (APR 2018)

PBGC 52.237-7002 FITNESS DETERMINATION (SEPT 2017)

PBGC 52.237-7007 DISPLAY OF PBGC IDENTIFICATION BADGES (FEB 2013)

PBGC 52.237-7008 OBSERVANCE OF LEGAL HOLIDAYS (JAN 2012)

PBGC 52.242-7000 POSTAWARD CONFERENCE (MAR 2016)

PBGC 52.246-7000 INSPECTION AND ACCEPTANCE OF DELIVERABLES (JAN 2012)

PAGE 4 OF 50 16PBGC18R0011

CLAUSES

RFP

Solicitation Request

OGC Communications Center

1. ISSUE DATE: August 15th, 2018

2. ISSUED BY: Pension Benefit Guaranty Corporation (PBGC) Procurement Department 1200 K Street NW Washington, DC 20005-4026

3. FOR INFORMATION CONTACT:

PRIMARY CONTACT:

NAME: Patrick McFarlane, Contracting Officer

EMAIL: mcfarlane.patrick@pbgc.gov

NAME: Judene Dayes, Contracting Specialist

EMAIL: dayes.judene@pbgc.gov

ALTERNATE CONTACT:

NAME: Joel Gerlach, Contract Specialist (Contractor)

EMAIL: gerlach.joel@pbgc.gov

4. QUESTIONS: Any questions regarding this RFQ shall be submitted to Judene Dayes and Joel Gerlach by email (provided above) no later than August 18th, 2018 by 12:00 PM EST.

5. SUBMISSION OF PROPOSALS: Submit proposals via email no later than August 24th, 2018 at 12:00 PM EST to Judene Dayes and Joel Gerlach. The proposal shall reference 16PBGC18R0011. PBGC anticipates awarding a Firm Fixed Price (FFP) order for this effort.

PAGE 5 OF 50 16PBGC18R0011

SUPPLIES OR SERVICES AND PRICE/COSTS

The offeror shall provide the personnel and services necessary to perform the effort described in the Statement of Work (SOW) resulting from this Request for Proposal.

GENERAL DESCRIPTION

The PBGC General Counsel advises PBGC’s Chief of Negotiations & Restructuring on concerns with protecting the interests of the agency and plan participants and beneficiaries pursuant to ERISA. The Office of General Counsel relies on business processes in the Communications Center for their written and electronic communications within the agency and with all interested parties external to the agency.

PRICING SCHEDULE

PBGC anticipates the period of performance to be one (1) base year and four (4) option years. The expected period of performance is:

Base Year October 1, 2018 – September 30, 2019 Option Year 1 October 1, 2019 – September 30, 2020 Option Year 2 October 1, 2020 – September 30, 2021 Option Year 3 October 1, 2021 – September 30, 2022 Option Year 4 October 1, 2022 – September 30, 2023

The offeror shall provide a Firm Fixed Price (FFP) for the al l CLINs listed below and described in the statement of work (SOW). The contractor shall invoice monthly in arrears.

Description of Services Quantity Unit of Issue Unit Price Total

CLIN 0001 - BASE YEAR

The Contractor shall provide qualified, experienced and highly competent support services to operate and manage the PBGC Communications Center in accordance with the Statement of Work (SOW), Section C.

12 Months

PAGE 6 OF 50 16PBGC18R0011

Description of Services Quantity Unit of Issue Unit Price Total

CLIN 1001 - OPTION YEAR ONE

The Contractor shall provide qualified, experienced and highly competent support services to operate and manage the PBGC Communications Center in accordance with the Statement of Work (SOW), Section C.

12 Months

CLIN 2001 - OPTION YEAR TWO

The Contractor shall provide qualified, experienced and highly competent support services to operate and manage the PBGC Communications Center in accordance with the Statement of Work (SOW), Section C.

12 Months

CLIN 3001 - OPTION YEAR

THREE

The Contractor shall provide qualified, experienced and highly competent support services to operate and manage the PBGC Communications Center in accordance with the Statement of Work (SOW), Section C.

12 Months

CLIN 4001 - OPTION YEAR

FOUR

The Contractor shall provide qualified, experienced and highly competent support services to operate and manage the PBGC Communications Center in accordance with the Statement of Work (SOW), Section C.

12 Months

Total Contract Price (Base + Options): ________________________

PAGE 7 OF 50 16PBGC18R0011

DELIVERIES OR PERFORMANCE

1. PLACE OF DELIVERY:

All contract deliverables shall be delivered to the Contracting Officer Representative (COR).

2. CONTRACT TYPE:

Firm-Fixed Price

3. PLACE OF PERFORMANCE

1275 K Street, NW, Washington, DC 20005

*NOTE: PBGC will be moving from the PBGC headquarters, including the file room location at 1275 K St. NW, to a new location in September 2021.

PAGE 8 OF 50 16PBGC18R0011

STATEMENT OF WORK

C.1. Project Title: OGC Communication Center

C.1.a. Introduction and Background

The Pension Benefit Guaranty Corporation (PBGC), a wholly-owned United States Government corporation administers the insurance program and termination process for most defined benefit pension plans that are tax-qualified under the Internal Revenue Code.

The Office of the General Counsel (OGC) is responsible for providing legal services in connection with PBGC's programs and activities.

The PBGC General Counsel provides legal advice and counsel to the Director and the Corporation on general law and pension law matters. The General Counsel decides financial reporting and corporate law issues and matters arising in the areas of government contracts, EEO, labor relations and employee relations programs. The General Counsel also administers appeals of benefit coverage issues arising under the Employee Retirement Income Security Act (ERISA) as well as the disclosure and other requirements of the Freedom of Information and Privacy Acts. The PBGC General Counsel advises PBGC’s Chief of Negotiations & Restructuring on concerns with protecting the interests of the agency and plan participants and beneficiaries pursuant to ERISA. The Office of General Counsel relies on business processes in the Center for their written and electronic communications within the agency and with all interested parties external to the agency.

Because PBGC has independent litigating authority, its attorneys regularly appear in courts nationwide on behalf of the corporation. Paper and electronic communications with those courts, adversaries, and other parties are an integral part of the agency's legal business processes. The Communications Center utilizes a generic scanning solution to capture all incoming and outgoing documents as TIF images and readable PDF files before being coded into a case management system. Documents are distributed to legal staff and other corporate personnel through e-mails generated automatically by an intranet server. As a result, most paper legal records in the Communications Center are now electronic in nature, and management and control of incoming electronic records are critical concerns of the agency.

C.1.b. Communications Center Operations

The Communications Center ("Center") includes a centralized mail and filing operation and certain case tracking and docketing functions for the control of all legal documents and other correspondence, received from and sent to federal and state courts, other federal agencies, parties to PBGC litigation and other legal actions, and other PBGC departments. The Center is currently located at 1275 K Street, NW, Washington, DC 20005, and is accessible to the legal staff and other agency personnel. At the present time, the Center has 5 computer/printer work stations, all of which have duplex scanners attached; one fax machine; and two high-speed printer/copiers.

PAGE 9 OF 50 16PBGC18R0011

The computer work stations feature software applications appropriate to the business process in the Center, including Microsoft Office; Corel WordPerfect, Internet Explorer, two case management systems, Quick View Plus, and Adobe. The scanners presently are run by Kofax software.

The Center currently houses approximately 5,000 master files which include approximately 10,000 to 12,000 matter files. Of these matter files, approximately 90 percent or 9,500 to 10,500 matters are open actions; the remainder are closed matters.

Approximately 20 additional boxes of closed files are archived monthly at a facility off-site and remain accessible to staff on an as-needed basis.

C.2. Purpose

The PBGC seeks a qualified, experienced and highly competent Contractor to operate and manage the Center. The Contractor shall provide personnel who have the technical skills and expertise necessary and sufficient to meet the demands of records management and document controls in a highly computerized environment; to provide the services required to support an effectively paperless environment; to support other related agency initiatives such as knowledge management using similar processes and systems, to manage and support discovery and other litigation-related activities; and to assist in additional projects related to similar corporate and legal activities and administrative processes.

C.3. Scope of Work and Services

The following sections identify more specifically the tasks that the Contractor shall perform to operate and maintain the Communications Center and the documents that come through the Communications Center.

C.3.a. Managing and Controlling Legal Documents

The Contractor shall manage and control all legal documents, including hard copy litigation documents that serve as PBGC's primary source of information supporting the agency's litigation in federal and state courts, documents supporting requests for advice and opinions under Title IV of ERISA; documents from other agency departments and federal entities requesting action, assistance, and/or advice; and all other documents in electronic or paper format.

In connection with maintaining files, Contractor personnel shall process all documents in accordance with established business processes, utilizing case management systems customized for such purposes. The Center's business processes include the processing of incoming documents to maintain in an exacting and accurate manner a comprehensive docketing system in the case management systems. In some instances, where documents require safeguarding, the Contractor shall perform administrative safeguarding activities to prevent disclosure of data as required by the provisions of federal law, the Internal Revenue Code, PBGC directives, policies, procedures, and confidentiality agreements. The Contractor shall prepare and maintain files for all active and closed legal

PAGE 10 OF 50 16PBGC18R0011

cases; shall maintain document-related logs of daily activities in the Center; shall retrieve hard copy documents from files or archives when requested by agency personnel; and shall track and aggregate files for archiving in an off-site facility.

The Contractor also shall execute special projects to improve the agency's record management program. The Contractor shall develop standards for handling and prioritizing special projects assigned by OGC staff. Such projects could include activities in support of an inventory of existing records; aggregating and reporting data from daily, computerized document-related reports; assisting in documenting procedures and processes in the Center;

and periodically reviewing and retiring legal hard copy files in accordance with established retention schedules and guidelines issued by the National Archives and Record Administration. The Contractor shall inform the technical liaison from OGC of all special projects and the Contractor’s proposed handling and prioritizing of such special projects.

The Contractor shall draft a comprehensive statement of procedures (SOP) for its processing of documents in accordance with the requirements of this section C, and the Contractor shall provide the SOP to OGC within 15 days of award. The SOP shall include a high-level processing guide that summarizes the procedures. The Contractor shall cross-train its personnel so that each Contactor employee is familiar with the procedures and can perform all required functions.

C.3.b. Services Related to Mail in Electronic, Hard Copy and Facsimile Format

Measured monthly, the Center must be prepared to handle receipt of approximately 17,350 documents, including about 3,600 paper documents and 13,750 electronic documents. For each paper document received, including fax transmissions, Contractor personnel shall open and date-stamp the document; associate the document with an existing matter in the case management systems; code the document by completing a document entry screen; and scan each page of the document into multipage PDF files. The imaged document is delivered through the agency's e-mail system to the staff members assigned to the matter at issue. For documents which are delivered to OGC staff, data from the document entry screen combines with data from the particular matter to create a cover sheet for each document. That cover sheet is printed for each hard copy, incoming document and is attached to the incoming document for filing in the appropriate hard copy matter file.

Cover sheets are not generated for certain electronic documents, such as incoming bankruptcy-related documents.

All documents regardless of format shall be processed and delivered by electronic means to the appropriate staff on the day the documents are received. The Contractor shall complete uploading and indexing of hard copy documents within six hours of receipt. For documents which are delivered to OGC staff, on the same day that hard copy documents are received the Contractor shall deliver to all OGC staff who receive the electronic image of the document a hard copy of the printed cover sheet; this second copy of the cover sheet serves as notice of the e-mail message. For bankruptcy-related documents, no cover sheet is necessary. Envelopes are not distributed to attorneys nor included with documents in the files. The Contractor shall collect the envelopes in bulk, box them by date, and prepare these boxes for archiving at the off-site facility.

PAGE 11 OF 50 16PBGC18R0011

In connection with the receipt of paper documents, Contractor personnel shall have an array of other, associated responsibilities. When documents arrive that initiate new OGC matters, Contractor personnel shall prepare the necessary documentation to create a new master and associated matters before processing the incoming document. Contractor personnel shall coordinate the opening of new masters and new matters with appropriate OGC personnel. Contractor is not required to create new masters and matters when fax transmissions are received. Contractor personnel immediately shall advise staff by e-mail of the document; staff can retrieve the fax themselves or wait until the transmission can be retrieved and delivered by contractor personnel. Fax transmissions shall be processed, and the recipient notified within one hour of receipt. The Contractor shall print and distribute cover sheets daily to the appropriate OGC staff for each fax received. The Contractor also shall provide notice to the appropriate individual(s) within 20 minutes of receiving all fax transmissions.

Packages are received in the Center from the Workplace Solutions Department (WSD) or directly from messengers dispatched locally. Contractor personnel shall sign for each package received and shall record on a log the date and tracking number of all packages.

As with the receipt of fax transmissions, the Contractor shall notify the appropriate staff member(s) immediately by e-mail that a package has arrived. The Contractor shall upload and index all documents in delivered packages within two hours of receipt.

Since October 2001, the federal and bankruptcy courts, including the District of Delaware and the Southern District of New York where the agency is involved in a large number of matters, have established case management/electronic case filing systems requiring parties to file and be served pleadings electronically. Therefore, in addition to the hard copy documents, the Center must be prepared to receive each day an average of 500 to 1,000 electronic PDF documents, which are attached to an estimated 500 to 700 e-mail messages from the federal courts.

The processing of electronic court documents requires different skills than the processing of hard copy documents. An e-mail with an electronic document' attached is forwarded from the computer where all electronic mail is received to a work station where the document can be processed. Each electronic document linked to an e-mail shall be opened, saved to a local drive in PDF format, associated with an existing matter in the case management systems, coded into a document entry window; and linked to an image in the case management systems.

Some of this process is automated. Today, e-mail messages received in the Center generally have a number of linked electronic documents; occasionally an e-mail can have over 20 or more linked documents. As the number of linked documents increases, processing each document becomes increasingly more difficult. All Contractor personnel shall be capable of processing electronic documents linked to e-mail messages.

The Center personnel shall re-assemble older, hard copy files into chronological order, code and scan those documents, associate the documents with a matter in the case management system, and process those matter files for archiving at the off-site facility.

PAGE 12 OF 50 16PBGC18R0011

The Contractor shall continue this work until it is completed or until instructed otherwise.

Presently, the Center codes and scans an estimated 1,000 pages of old or orphaned documents a month. The Contractor’s SOP shall include procedures to have paper files shipped off-site within 10 days.

OGC is currently reevaluating its case management systems, and the Contractor must be able to transition between case management systems.

OGC often receives financial instruments such as checks and letters of credit. The Contractor shall process these documents, including delivering them to OGC staff or PBGC’s financial operations department.

C.3.c. Administrative Duties

Contractor personnel shall respond promptly to miscellaneous inquires by any agency and appropriate contractor personnel in matters relating to the documents housed in the Center.

Such inquiries can be received by telephone, e-mail, or in person. Contractor personnel shall ensure that the equipment housed in the Center operates in satisfactory manner and that minor maintenance chores such as loading paper, toner or similar supplies are completed success fully. When routine or emergency repair calls are required for the equipment, the Contractor shall initiate those calls and insure that the equipment receives the attention and requisite repairs required. Contractor personnel shall assist other PBGC personnel in working on budget or planning items related to functions and activities in the Center and shall engage in periodic reviews of and provide periodic advice concerning business processes in the Center.

C.3.d. Project Management

The Center shall be managed using the following knowledge, capabilities and skills:

a working knowledge of general legal processes and documentation sufficient to recognize time-sensitive matters and understand their context in legal proceedings to associate documents with particular matters and masters;

expertise in handling sensitive information, confidential documents and privileged communications so that such information is handled and processed in accordance with all applicable agency and federal statutes, rules and regulations;

the managerial and supervisory skills and capabilities necessary to instruct and supervise a staff required to handle and process legal or other documents appropriately and engage in related support activities;

understanding all agency requirements associated with the receipt, docketing, distribution, archiving and other disposition of hard copy and electronic communications and providing associated services;

on-site supervision sufficient to ensure that contract tasks are executed effectively

PAGE 13 OF 50 16PBGC18R0011

and efficiently on a daily basis; that Contractor personnel conduct themselves in accordance with agency regulations and respectable work place behavior; and that interactions with all agency personnel are conducted courteously and respectfully;

the necessary guidelines which preclude Contractor personnel from using any information gathered on-site in any manner which is contrary to federal rules or regulations or which could be used to promote personal gain for the employee, other persons inside or outside the agency, or any company or other organization, and skills sufficient to construct and implement a series of reasonable measures to quantify workload and personnel productivity on a daily, weekly and/or monthly basis and to report such measurements to management as required.

The Center shall provide monthly status reports to the COR, providing data on documents processed, technical issues, and other relevant matters. The Center shall manage its activities in accordance with its Quality Control Plan.

C.3.e. Continuing Operations (COOP) Responsibilities

Under certain emergency or other circumstances which could preclude the use of PBGC office space at 1200 K Street NW and 1275 K Street NW, the Contractor shall provide a team of people to work at the PBGC COOP site, presently located at Office Building T, located at 5971 Kingstowne Village Parkway, Kingstowne, Virginia 22315, to provide those services necessary to maintain the operation of the Communications Center on a 24-hour basis. To this end, the Contractor shall ensure that three people will be available to work one eight-hour shift during each 24-hour period. PBGC will pay reasonable expenses incurred in providing services at Kingstowne.

The equipment at the Kingstowne, Virginia, site will duplicate to the extent possible the equipment presently found in the Center at 1275 K Street, NW. The Contractor shall not be required to provide any additional training to the Contractor's personnel to meet this contractual responsibility.

The Contractor's Project Manager, or if absent, the Contractor's Communications

Center Supervisor, will be contacted and advised of the need to make personnel available at Kingstowne, Virginia. At the end of the emergency or when office space is available at one of the K Street offices, the Contractor's Project Manager will be notified of the responsibility to have personnel report to the designated K Street office

C.3.f. Pandemic Influenza

In the event of a pandemic influenza, the Contractor shall conform its personnel and workplace policies and procedures to the agency's policies and procedures designed for such an eventuality unless otherwise instructed by the agency.

C.3.g. General Miscellaneous

The Contractor shall perform any other related tasks or activities which may be

PAGE 14 OF 50 16PBGC18R0011

necessary or required for maintaining the uninterrupted operation, management and long-term efficiency and effectiveness of the Communications Center and of any associated activities assigned or required by the Contracting Officer.

C.4 Deliverables and Delivery Schedule

Deliverable Due Date Deliverable Format / Recipient

Party Responsible

1. Statement of Procedures (SOP) (Para C.3.a)

Within fifteen (15) business days of award

Submitted via email in a Word document to the COR

Contractor

2. High-level processing guide to SOP (Para. C.3.a)

Within fifteen (15) business days of award

Submitted via email in a Word document to the COR

Contractor

3. Quality Control Plan (C.3.d)

Within five (5) business days of award

Submitted via email to the

COR

Contractor

4. Monthly Reports) (Para C.3.d)

Within five (5) business days after the completion of each month

Submitted via email to the

COR

Contractor

PAGE 15 OF 50 16PBGC18R0011

GOVERNMENT-FURNISHED EQUIPMENT AND INFORMATION

(GFE/GFI)

The Pension Benefit Guaranty Corporation (PBGC) will furnish an initial briefing to appropriate contractor personnel to provide background on corporation policies and procedures. The briefing will be conducted by qualified PBGC staff members who will also be available to the contractor on an ongoing basis for consultation and guidance as needed. The initial briefing will be held at 1200 K Street NW, Washington, DC. 20005.

The briefing will be conducted within 30 days following contract award.

PBGC will furnish, at the COR’s discretion, and to the extent available, copies of regulations, procedures, policies other materials, administrative support, and/or equipment necessary for the contractor to perform the work required by this contract.

KEY PERSONNEL

The following personnel are essential to the ongoing conduct of the project and are considered key personnel:

• Project Manager - TBD

• Supervisor - TBD

Key personnel must meet the following minimum education and experience qualifications:

Project Manager

6 years of experience managing a legal document fileroom and have significant experience in managing court pleadings in bankruptcy or complicated multi-party litigation.

Supervisor

3 years of experience supervising a legal document fileroom and have significant experience in managing court documents.

HOURS OF OPERATION

The PBGC Communication Center will be operated during normal business hours, 9:00am to 5:00pm, five days a week, excluding legal holidays.

PAGE 16 OF 50 16PBGC18R0011

INSTRUCTIONS TO OFFERORS

Responsibility

To be determined responsible, a prospective Contractor must:

Have adequate financial resources to perform the contract, or have the ability to obtain them;

(a) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(b) Have a satisfactory performance record;

(c) Have a satisfactory record of integrity and business ethics;

(d) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, and quality control measures applicable to materials to be produced or services to be performed by the prospective Contractor and Subcontractors;

(e) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(f) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

1. QUESTIONS CONCERNING THE SOLICITATION:

All questions concerning this solicitation must be submitted in writing to the Contracting Officer, for information about any aspect of the solicitation. The offeror is warned against contacting any PBGC personnel outside the Procurement Department prior to award of an Order resulting from this solicitation. If such a contact occurs and is found to be prejudicial to competing contractors, the contractor making such a contact may be excluded from award consideration.

Questions must be submitted by email to dayes.judene@pbgc.gov Mcfarlane.Patrick@pbgc.gov and Gerlach.joel@pbgc.gov no later than August 18, 12:00PM Eastern Standard Time. Answers to inquiries/questions will be provided to all contractors being solicited, giving due regard to the proper protection of proprietary information. No information concerning this solicitation will be provided in response to telephone calls.

2. WRITTEN PROPOSALS

GENERAL INSTRUCTIONS:

The Offeror shall submit one (1) electronic copy of the response to this solicitation

PAGE 17 OF 50 16PBGC18R0011

separated into two (2) volumes.

Volume 1 of the proposal shall include all information for Factors 1 through 3 and shall be no more than 25 pages in length.

Volume II of the proposal shall include pricing.

Proposals shall be submitted in two separate volumes as further described below- Volume I, the written Technical proposal and Volume II, the Price proposal. Each of the volumes must be separate, so the evaluation of each part may be conducted independently.

Volume I of the written Technical proposal shall include the Offeror’s technical approach, key personnel, and past performance. Volume I shall be limited to twenty-five (25) pages. Those pages in excess of twenty-five will not be evaluated or considered. Cover pages, tabs, and resumes are not included in the count.

Each of the Volumes must be submitted separately so the evaluation of each Volume may be conducted independently.

Each Volume submitted in accordance shall use the specific format below to ensure a fair and equitable evaluation of all proposals. The Government may determine that those proposals which do not follow the directions below are unacceptable and may reject such proposals from further consideration.

● 8.5 by 11-inch paper

● 12 pitch print or larger, Arial or Times New Roman style font

● 1.25-inch left hand margin, .75-inch right hand margin and 1-inch margins at both the top and bottom for each page

● All pages/sentences single-spaced double-spaced between paragraphs

● Every page sequentially numbered, and

● Page numbers centered in the bottom margin.

Factor 1, Technical Approach

The Offeror shall detail a technical approach that demonstrates an understanding of the requirements and describes the offeror’s technical methods and approach to performing the requirements specified in the solicitation, and how the offeror’s technical approach will provide the Government with a high level of confidence of successful delivery within the required schedule.

The Offeror shall provide a Quality Control Plan that provides the approach to ensure the quality of the work performed and the achievement of the deadlines associated with project, and corrective measures to be utilized in the event of delays or other problems. PBGC shall incorporate the Awardee’s QCP in the contract that will result from this solicitation.

PAGE 18 OF 50 16PBGC18R0011

Factor 2 Key Personnel

The contractor shall include the resumes (contractor format is acceptable) of the following key personnel that meet or exceed the minimum qualifications:

• Program Manager

• Supervisor

Factor 3 Past Performance

The Offeror shall identify a minimum (3) contracts/task orders with the Federal Government and/or commercial customers that demonstrate recent and relevant past performance. Recent is defined as within the last five years. Relevant is defined as work similar in subject matter, magnitude, duration, and complexity of the work described in this

SOW.

Include the following information:

• Project title

• Description of the project

• Contract number

• Contract amount

• Period of Performance

• Government Agency/Organization

• COR’s name, address, e-mail address, and phone number

• Contracting Officer’s name, address, e-mail address, and phone number

• Current status, e.g., completed and/or if in progress, start and estimated completion dates

• Name of company being referenced

Price

The Offeror shall provide complete FFP pricing in the Pricing Schedule provided to include unit price, extended price for each line item and total price.

The Offeror shall provide a breakout of their firm fixed price and labor hour prices to include labor categories, rates, and number of hours per labor category for evaluation purposes.

3. Exchanges with Offerors

Should award be made without discussions, the PBGC may hold limited exchanged defined as clarifications, to give Offeror’s an opportunity to clarify minor or clerical errors.

PBGC may award without discussions. Offeror’s are encouraged to provide their best and final proposal.

PAGE 19 OF 50 16PBGC18R0011

EVALUATION CRITERIA

BEST VALUE PROCUREMENT - RELATIVE IMPORTANCE OF TECHNICAL

VERSUS COST/PRICE FACTORS

(a) The Government will make an award to the responsible Offeror whose offer conforms to the solicitation and is most advantageous to the Government (i.e., that which represents the best value to the Government), cost or price and other factors considered. The technical evaluation factors are of equal importance. The combined relative merit of the technical evaluation factors listed below will be significantly more important than price in the selection of the contractor. While the price factor has no adjectival rating, it is a criterion in the overall evaluation of proposals. Furthermore, the proposed price must be considered reasonable and must reflect the proposed technical approach.

(b) The Government may award a contract to other than the lowest priced offer. In the event that two or more offers are considered technically equivalent, the evaluated price will be of primary importance in determining the proposal that is most advantageous to the Government.

Factor 1, Technical Approach

The offeror shall demonstrate in its technical approach a complete description of how it will successfully execute quality deliverables in the required period. The offeror shall submit a proposal that describes the offeror's technical methods and approach to performing the requirements specified in the solicitation, and how the offeror's methods and approach to meeting the solicitation requirements will provide the Government with a high level of confidence of successful delivery within the required schedule. The offeror's proposal must clearly describe the relationship between the prosed technical approach and the requirements of the Statement of Work.

Factor 2, Key Personnel

The extent to which the offeror provides qualified and experienced personnel with relevant experience to perform the duties specified in the statement of work. The Offeror shall provide the names, position descriptions and information to support the qualifications of all proposed key personnel. The Offeror will be evaluated based on the qualifications and experience of the proposed key personnel for assignment to this contract against the minimum experience and qualifications requirements identified in the Solicitation

PAGE 20 OF 50 16PBGC18R0011

Factor 3 Past Performance

Past Performance will be evaluated to assess recency and relevancy with respect to this requirement. Where a vendor possesses no prior past performance, a rating of “neutral” will be assigned. Past Performance information determined to be recent and relevant shall be evaluated, but is not limited to, the following areas:

a) Technical (quality of service)

b) Schedule/ Timeliness

c) Management or Business Relations

d) Customer Service

Past performance information and references other than those identified by the vendor may be obtained by the Government and used in evaluating the vendor's past performance.

Price

Complete pricing information for ALL items identified in the Pricing Schedule.

The price will be evaluated for reasonableness. The contractor is urged to examine this solicitation in its entirety and to ensure that its offer contains all necessary information.

PAGE 21 OF 50 16PBGC18R0011

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

(Reference 52.212-4)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

The offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB)concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L.

110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"

PAGE 22 OF 50 16PBGC18R0011

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"

(1) Means a small business concern

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________.

PAGE 23 OF 50 16PBGC18R0011

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed…