2. FA701424R0026_Addendum to FAR 52.212-1 Instructions_to Offerors (Attachement 1) .pdf

FA701424R0026 Judge Advocate Litigation Support Service: Attachment 1

Attachment 1

FA701424R0026 Judge Advocate Litigation Support Service:

Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services

1.0 GENERAL INSTRUCTIONS

This is a best value source selection conducted in accordance with Federal Acquisition

Regulation (FAR) 15.3 as supplemented. The Government intends to award a Single Award

Indefinite Delivery/Indefinite Quantity (IDIQ), Firm Fixed Price (FFP) with Labor Hours (LH) hybrid contract.

1.1 Proposal Conformance. The Offeror's proposal must include all data and information requested by Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Products and

Commercial Services and must be submitted in accordance with these instructions. The Offeror shall conform to the requirements as stated in this Request for Proposal (RFP) and in accordance with the Performance Work Statement (PWS) for this IDIQ contract as well as the PWS for the initial Task Order (TO), and all other parts of this solicitation. If a proposal fails to conform to the instructions provided in this instruction, the Government may deem it non-responsive, and

Offeror may be deemed ineligible for award.

IMPORTANT: Unsubstantiated and/or misleading claims, for even a single category, could result in the Government determining that the Offeror’s proposed self-rated score is disingenuous and/or artificially inflated, ultimately resulting in the proposal being deemed not awardable. The next highest self-rated score would then be evaluated.

1.2 Proposal Clarity. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and validation of stated claims. The burden of proof to substantiate the

Offeror’s self-rated score rests with the Offeror. The proposal shall include bodies of evidence supporting each self-rated score. For proposal submission, the offeror shall assume the government has no prior knowledge of the contractor’s past experience the government will base its evaluation/validation of past performance solely on the information presented in the Offeror's proposal.

The Offeror shall provide cross references with their proposal that will clearly demonstrate the connection between the submitted documents and the evaluation criteria called out in Appendix

C, Cross Reference Matrix. It is the responsibility of, and incumbent upon, the Offeror to accurately reference the specific location (e.g., page number and/or paragraph number) of substantiating data in each work sample within the Offeror Cross Reference Matrix “Reference” column to enable Government validation of the Offeror’s self-rated score. Failure to accurately reference the specific location may result in the Government’s inability to validate the proposed self-rated score, resulting in a downward adjustment. In addition, the Offeror must:

I. Demonstrate traceability between the Self-Rated Scoring Matrix and evidence being proposed so that the Government can make a clear connection.

II. Provide documented evidence that clearly supports the evaluation criteria subfactor - if the Government cannot conclusively align the evidence to support the requirement, it may result in decremented points, III. Ensure that the proposed evidence guides the Government to a validated conclusion – if the evidence is unclear and the Government cannot make the connection, points will be decremented.

Offeror shall not submit elaborate brochures or documentation, binding, detailed artwork, or other embellishments. The Government will NOT accept discretely generated documentation for the sole purpose of point validation. Discretely generated documentation is defined as documentation that is newly generated for the purpose of responding to this solicitation and was in no way a product of the work sample.

Evidence proposed must be submitted in the original format as it was originally delivered;

however, Offeror may highlight sections of the evidence document without inserting text notes.

Highlighting must not adversely impact the legibility of the document. Offerors should explain how the work sample artifacts substantiate the self-rated score in the cover sheet for each evaluation criterion subfactor/work sample package.

Names or any information that have been manually inserted into substantiating artifacts and were not part of the original document will not be used to validate performance.

1.3 RFP Discrepancies/Ambiguities. If an Offeror believes that any portion of this solicitation contains a perceived error, omission, or is otherwise unclear, the Offeror shall immediately contact the Procuring Contracting Officer (PCO) and Contract Specialist (CS) via e-mail, clearly describing the portion of the solicitation in question and the impact the discrepancy or ambiguity has on the Offeror’s ability to prepare their proposal.

1.4 Point of Contact. The PCO and CS are the sole Government point of contact for this acquisition. Offerors shall address any questions and concerns related to this RFP to the PCO as soon as possible, but no later than 26 July 2024, 12:00 P.M. Eastern Saving Time (EST). The subject of the email shall be “Questions – FA701424R0026 Source Selection Information –

See FAR 2.101 and 3.104”. Questions shall include a reference to the specific solicitation element to which they pertain. The Government will take into consideration all questions submitted by the deadline set forth above and will answer them via posting to Sam.gov. Written requests for clarification and questions shall be sent to afdw.ja_litiga.support_services@us.af.mil and irinieta.tabuyaqona.1@us.af.mil.

1.5 Communications. All Exchanges of source selection information between Government and

Offerors will be controlled by the PCO and CS. E-mail will be used to transmit such information to

Offerors. The Government intends to send answers to questions by amendment to the solicitation and posting them to sam.gov. The Offerors must submit all communications via email to afdw.ja_litiga.support_services@us.af.mil and irinieta.tabuyaqona.1@us.af.mil and must mailto:afdw.ja_litiga.support_services@us.af.mil mailto:irinieta.tabuyaqona.1@us.af.mil mailto:afdw.ja_litiga.support_services@us.af.mil mailto:irinieta.tabuyaqona.1@us.af.mil include “FA701424R0026 Source Selection Information – See FAR 2.101 and 3.104” in the subject of the email.

1.6 Electronic Reference Documents. All referenced documents for this solicitation can be found on Sam.gov, the authoritative source for Government Contract Opportunities. Offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this solicitation. Offerors may contact the PCO if they are unable to locate any of the referenced material.

1.7 Proposal Records. In accordance with FAR Subpart 4.8 (Government Contract Files), the

Government will retain one copy of each Offeror’s proposal.

1.8 Debriefings. The PCO will promptly notify Offerors of any decision to exclude them from the source selection; whereupon the Offeror may request and receive a debriefing in accordance with FAR 15.505. Offerors desiring a debriefing shall make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable. Offerors are entitled to no more than one debriefing. Post-award debriefings shall follow the enhanced debriefing guidance of DFARS

215.506.

1.9 Page Format.

1.9.1 Page Limitations. Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal and excess paper copies will be returned to the offeror as soon as practicable. Each page shall be counted except the following: Blank pages, title pages, cover pages, table of contents, tab indexing, glossaries, list of tables and figures, and subcontractor consent letter(s).

1.9.2 Page Size and Format

1.9.2.1. General Page Instructions. A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two pages.

Page size shall be 8½ x 11 inches. Pages shall be single-spaced and typed, except for charts or other graphics and the reproduced sections of the solicitation document. The font shall be Times New

Roman and no less than 12 points in size. Use at least 1-inch margins on the top and bottom and

3/4-inch-wide margin. Pages shall be numbered sequentially by volume. These page size and format restrictions shall apply to responses to Ens if clarifications are determined necessary.

1.9.2.2 Table and Chart Instructions. Legible tables, charts, graphs, and figures may be used to depict organizations, systems and layout, implementation schedules, plans, etc. When text is included within charts or other graphics, it may be no smaller than 8 points in size, but must be clearly legible without magnification, as determined solely by the PCO. The size of these displays shall not exceed the page size as defined above. Fold out pages are accepted for Volume IV – Cost

Proposal.

1.9.2.3 Submission Format. The Offeror shall submit each volume in electronic format. The proposal shall be submitted in a format readable by Adobe PDF and MS Office Suite (i.e., Excel, Power Point, Word, etc.), as applicable. Offerors shall use separate electronic files for each proposal section listed in Table 1 to permit rapid location of all portions of the proposal.

Exhibits, annexes, and attachments which are provided in support of a section shall be included in the electronic file for that section. Offerors shall provide each work sample as a single separate electronic file. If files are compressed, the necessary decompression program shall be included.

1.9.3 Proposal Markings. Proposals shall be marked in accordance with FAR 52.215-1(e), Restriction on Disclosure and Use of Data, and FAR 3.104-4, Disclosure, Protection, and

Marking of Contractor Bid or Proposal Information and Source Selection Information. Offerors shall not include proprietary markings on attachments and documents that will become a part of the contract (e.g., Volume IV documents).

1.9.4 Cross-Referencing. Each proposal volumes shall be written on a stand-alone basis so that its contents may be evaluated without cross referencing to another volume. Information required for proposal evaluation which is not found in its designated volume will be assumed to have been omitted from the proposal.

1.9.5 Table of Contents. Each volume shall contain a detailed table of contents to delineate the subparagraphs within that volume. Tables of contents do not count against the page limitations for their respective volumes.

1.9.6 Glossary of Abbreviations and Acronyms. Each volume shall contain a glossary of all abbreviations and acronyms used, with an explanation for each. Glossaries do not count against the page limitations for their respective volumes.

1.10 Teaming Arrangements. Offerors submitting a proposal as the prime Offeror in response to this solicitation are permitted to submit a separate proposal under which they would be a

Subcontractor, or team member to another prime.

**Subcontractors are permitted to support multiple primes.

1.11 Ordering Procedures. The Government intends to issue a single-award indefinite-delivery-indefinite-quantity contract. The Government intends to award one task order at the time off the

IDIQ award. The initial task order (ITO) will fulfill the minimum order requirement and constitute a comprehensive IDIQ-level phase-in plan and overall management level plan for management of multiple TO under the resulting IDIQ. Future ordering against the JA Litigation

Support Services IDIQ will be conducted in accordance with the Ordering Procedures outlined in

Attachment 6 Ordering Procedures, which will be incorporated into the base contract.

1.12 Appendices to Addendum to FAR 52.212-1 Instructions to Offerors - Commercial

Products and Commercial Services. The following documents are appended to Addendum to

FAR 52.212-1 of this solicitation:

Attachment 3: Performance Work Statement

Attachment 4: Appendix A: Work Sample Cover Sheet

Attachment 5: Appendix B: Self-Rated Scoring Matrix

Attachment 6: Appendix C: Cross Reference Matrix

Attachment 7: Appendix D: Labor Category Description and Qualifications

Attachment 8: Appendix E: Past Performance Information Sheet

Attachment 9: Appendix F: Cyber Security Program

Attachment 10: Appendix G: Team Structure Format

Attachment 11: Appendix H: Sample Subcontract or Team Member Consent Letter

Attachment 12: Appendix I: Price List Price Spreadsheet.

Attachment 13: Ordering Procedures

Attachment 14: Fair Opportunity Request for Proposal

Attachment 15: Task Order Supplemental PWS (SPWS)

Attachment 16: Task Order Pricing Worksheet

Attachment 17: Task Order CDRL

2.0 PROPOSAL INSTRUCTIONS

2.1 The proposal shall be accompanied by a cover letter prepared on the company’s letterhead stationery. The cover letter shall identify all enclosures being transmitted and shall be used only to transmit the proposal and shall include no other information apart from acknowledging amendments as an attachment. Only proposals submitted in accordance with these instructions will be accepted.

This cover letter is not included in the page count.

2.2 Proposal Due Date: The proposal due date and time for this solicitation is 18 August 2024 at: 09:00 A.M. (EST). Proposals received after 18 August 2024 at 09:00 A.M. will be considered late and will not be considered in the evaluation/validation process. Proposal submission for this solicitation will be electronic via email to afdw.ja_litiga.support_services@us.af.mil and irinieta.tabuyaqona.1@us.af.mil . The transmittal of large files (proposal documents) may also be submitted via DODSAFE.

2.3 Proposal Organization. The Offeror shall prepare the proposal as set forth in the Table 1, Proposal Organization. The volume folders and section files shall be as defined in this table, all of which shall be within the required page limits specified in the table on the following page.

Table 1: Proposed Organization

Volume Title/ Description Page

Limit

Executive Summary

File Name: Company Name_ JA Litigation Support Services Executive Summary

Offeror Company Information/ Cover Letter 2 Pages

Financial/Other Resources – Statements 2 Pages

Organizational Conflict of Interest 10 Pages

Volume

I

Small Business Participation Plan

File Name: Company Name_ JA Litigation Support Services_VOLI_SBPP

Small Business Participation Plan 5 Pages

II

Technical Data

Volume

IIA

Technical Experience

File Name: Company Name_JA Litigation Support Services_VOLIIA1TECHEX

Work Sample Cover Sheet

2 Pages

Work Sample (WS) (No more than 5 WS for Hardcopy Document Management, Electronically Stored Information and Other Professional Services)

File Name: Company Name_JA Litigation Support Services_VOLIIA1WS1-WS5

5 pages per WS

Work Sample (WS) (No more than 5 WS for Trial & Specialty Service)

File Name: Company Name_JA Litigation Support Services_VOLIIA1WS6-WS10

5 pages per WS

Self-Scoring Matrix

File Name: Company Name_JA Litigation Support

Services_VOLIIA_SelfScoringMatrix

NO

LIMIT

Cross Reference Matrix

Filename: Company Name_JA Litigation Support

Services_VOLIIA_CrossRefereneceMatrix

NO

LIMIT

Team Structure

File Name: Company Name_ JA Litigation Support

Services_VOLIIA_TeamStructure

2 Pages

Team Agreements

File Name: Company Name_ JA Litigation Support Services_VOLIIA_

TeamAgreements

NO

LIMIT

Volume

IIB

Past Performance

**Past Performance Information should support Technical Experience work sample provided.

File Name: Company Name_ JA Litigation Support Services_VOLIIB_

PastPerformance

Past Performance Information Sheets

File Name: Company Name_ JA Litigation Support

Services_VOLIIB_PastPerformanceInfo

3 Pages

Subcontractor Information/Teaming Member Consent Letter

File Name: Company Name_ JA Litigation Support

Services_VOLIIB_TeamingConsentLetter

3 Pages

Past Performance Submissions (CPARS documentation)

File Name: Company Name_ JA Litigation Support Services_VOLIIB_

CPARS_DOCS

NO

LIMIT

III

Price Proposal

Price Proposal List/Schedule

File Name: Company Name_ JA Litigation Support Services_VOLIII_

PricingSchedule

Professional Employee Compensation Plan (PECP)

File Name: Company Name_JA Litigation Support Services_VOLIII_

PricingSchedule

IV

Contract Documentation

Contract Documentations

File Name: Company Name_ JA Litigation Support Services_VOLIV_ ContractDocs

NO

LIMIT

Mission Essential Service Plan

File Name: Company Name_JA Litigation Support Services_VOLIV_ MESP

15 Pages

2.4 Amendments to Solicitation. If this RFP is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this request by the day and time specified in the amendment(s).

2.5 Executive Summary

2.5.1 Offeror Company Information/Cover Letter. The offerors shall provide a cover letter with all the following company information.

i. Name

ii. Address

iii. CAGE Code, DUNS#, Unique Entity Identifier,

iv. Taxpayer Identification Number (TIN)

v. System for Award Management (SAM.gov) registration date, proposal validity statements,

vi. Contracting and Technical Point of Contacts (POCs) (name, email address and phone number)

The proposal validity statement shall be valid through 180 calendar days from the proposal due date.

The offeror shall be registered in the SAM.gov at the time of proposal submission, through contract award and for the duration of the acquisition. If the Offeror’s SAM.gov registration expires prior to the proposal validity date, the Offeror shall assert its intent to renew the registration in the Executive

Summary.

2.5.2 Financial/Other Resources Statements. In accordance with FAR 9.104-1(a), the Offeror shall provide a written statement explaining the Offeror’s ability to obtain required resources to perform the contract requirements. The Offeror shall also provide evidence to support the explanation. Evidence may include official letter(s) from (a) financial institution(s) demonstrating that the Offeror has the financial resources required to cover all financial commitment. In accordance with FAR 9.104-1(e), the Offeror shall provide an explanation of the

Offeror’s organizational controls and measures. At a minimum, the Offeror shall address their accounting controls, operational controls, quality assurance measures, and safety program. The

Offeror shall also provide evidence to support the explanation. Evidence may include a list of organizational policies or Standard Operating Procedures (SOPs) which demonstrates the organizational controls and measures of the Offeror. If a list is provided, the Offeror shall include the title of each policy or SOP, the date of each document, and a brief description of each document. The Offeror shall also define which element of FAR 9.104-1(e) the policy or SOP applies to.

2.5.3 Organizational Conflict of Interest. Offerors shall submit an assessment of potential or actual Organizational Conflict of Interest (OCI) issues, if any, as related to this contract vehicle and future work. Initial notification shall be made to the PCO and CS as soon as they become known and no later than 5 days prior to proposal due date (1 August 2024). OCI issues include, but may not be limited to, the inability to render impartial assistance or advice to the

Government, the inability to objectively perform contract work, or the unfair competitive advantage created by current or previous contractual efforts with the Government. If an actual or potential OCI exists, the Offeror shall submit a mitigation plan with the proposal. The

Contracting Officer will review the submitted mitigation plan and decide as to whether the plan adequately resolves the issues and provides adequate protection to both the Offeror and the

Government. Submission of mitigation plans are only required if the Offeror is aware of potential or actual OCI issues related to this procurement. If the Offeror believes no potential or actual OCI issues exist, this shall be so stated.

3.0 PROPOSAL VOLUMES. The following details the specific instructions for each volume.

To the greatest extent possible, each volume shall be written as a stand-alone document so that it may be evaluated with minimal cross references to other volumes of the proposal. Failure to include proposal information in the correct designated volume may result in the Government not considering the information in the evaluation.

3.1 VOLUME I – Factor 1 - SMALL BUSINESS PARTICIPATION PLAN

3.1.1 Offerors shall provide a Small Business Participation Plan (SBPP) utilizing table T-4 and in conformance with Section 3.2.1.1 of this RFP with their proposal.

General: The SBPP is required from all offerors, including small businesses and companies with

Master, Individual, commercial subcontracting plans and/or comprehensive subcontracting plans.

Offerors are advised that the SBPP is not the same as the Small Business Subcontracting Plan, which is required by FAR 52.219-9 to be submitted and approved prior to contract award. Large business offerors shall not utilize the Small Business Subcontracting Plan in the place of the

SBPP.

The Small Business Participation Submission shall address each of the following elements in the proposed performance of this resultant contract:

i. The extent of participation of proposed Small Businesses (SB), including the company names with CAGE codes the offeror plans to use in the performance of this resultant contract; and the description of the subcontracted work these proposed firms are to perform.

ii. The associated goals expressed in terms of percentages of the total planned contracted dollars.

iii. If the offeror/joint venture member/critical subcontractor is a small business concern, it should include the work it will be performing when calculating the Small Business

Participation Submission information.

Small Business Utilization: Offeror shall provide a plan detailing their approach to meeting the

Government’s Small Business Participation Objective of 35% of the total planned contracted dollars.

3.2 VOLUME II – Factor 2 - Technical Data

3.2.1 VOLUME IIA Subfactor 1 - Technical Experience

3.2.1.1 Work Samples

The Offeror shall submit a maximum of 10 Work Sample: a maximum of 5 (five) work samples

(contracts/orders) for Hardcopy Document Management, Electronically Stored Information and Other

Professional Services and a maximum 5 (five) work samples (contracts/orders) for Trial & Specialty

Service which demonstrate their past technical experience in the required elements, and which comply with the work sample qualifications established in ADDENDUM to FAR 52.212-1

Section 3.2.1.2 below. Future performance periods on an existing contract do not demonstrate technical experience and shall not be utilized as work samples, nor be factored into the total point value of a submitted sample. When referring to work samples, the terms “contract” and

“task/delivery order” are interchangeable, with “contract” often been used as the all-encompassing term. IDIQ contracts, or other contract vehicles for future work not yet performed, are not acceptable proof of past experience, and shall not be provided as work samples. All task orders written against a single IDIQ will be counted as a single Work Sample. When providing documentation for this Work Sample include the contract cover pages (SF33, SF1449, etc.) for both the IDIQ contracts and all relevant subsequent task orders.

The work samples shall consist of (1) official contract documentation (including, but not limited to, Performance Work Statements, Statements of Work, Contract Data Requirement Lists

[CDRLs], Government Furnished Property Lists, Subcontracts, and Invoices); (2) company generated documentation when accompanied by a Statement of Fact signed by the cognizant

Government contracting officer or COR to confirm missing information, should contractual documents not carry all of the information necessary to substantiate the Offeror's scores; and/or

(3) records from a DCAA-compliant accounting system when accompanied by a Letter of

Attestation signed by the individual who has the authority to sign for and legally bind the

Offeror. For each work sample, the Offeror shall also include the Government signed cover page associated with the contract or order. Work samples shall include sufficient information to substantiate each claim. If a work sample substantiates multiple elements each element must be identified within the work sample.

Work samples shall be provided in their original format. Offerors shall assign each work sample an identifier (e.g., WS1-WS10). All pages of all work samples shall be numbered. In addition, the original pagination of each document shall be retained. If the original documentation within a work sample is not numbered, Offerors shall add page numbers. Font, text size, and margin requirements established in sections 1.9 do not apply to work sample submissions. Work samples shall be in English. If more than one document is provided as part of a work sample, the documents shall be combined as one file and numbered accordingly. Offerors shall include all documentation for a given work sample in a single PDF file and add to each page a unique WS identifier and page number in the margin. While this consolidation and notation may result in some confusion (such as multiple pages identified as "page 1" if the citation includes page 1 of an SF33, page 1 of the PWS, etc.), the result combined with notations in the Cross Reference

Matrix will ensure that Government evaluators can find all documentation quickly and efficiently.

All correspondence in conjunction with this solicitation should be directed to the Government

Contracting Team at email address being created.

3.2.1.2 Work Sample Cover Sheet

Offerors shall complete a cover sheet for each work sample submitted (see Appendix A to

Addendum to FAR 52.212-2 Work Sample Cover Sheet). Offerors shall follow the instructions provided within the appendix and remove the instruction sheet (page 3 of 3) prior to submission of their proposal. Each work sample shall provide at least two (2) Work Sample Points of

Contact (POC). The Government may contact the POCs provided. The Government reserves the right to contact additional POCs if necessary.

Scoring categories are not mutually exclusive. Where work samples include performance on multiple contracts, Offerors may score relevant by contract as applicable (for example, to support scoring of FTEs under 3.2.2.2 and 3.2.2.3).

3.2.1.3 Work Sample Qualifications.

Work samples shall meet these minimum qualifications:

1. If available, examples of hard copy indexes/databases/file systems created demonstrating the offeror’s ability to collect, organize, and manage large volumes of documents.

2. If available, examples of electronic indexes/databases/file systems created to support litigation demonstrating the offeror’s ability to collect, organize, and management large volumes of data.

3. If available, a list of any cases where the offeror has provided litigation support services, broken down by Hard Copy Documentation Management; ESI Management; Pretrial, Trial and Post-Trial Support; and Other Professional Service including the support services rendered and the result of the case.

4. If available, a description/list/explanation of how the offeror has staffed litigation support teams to provide litigation support services to deliver the necessary quality, timeliness, and professionalism of the services required for the litigation.

5. Shall be an IT Services Contract with either the U.S. Department of Defense (DoD), or

Non-DoD, to include both Federal and private sector, unless otherwise specified in

Sections 3.2.2.1 – 3.2.2.15.

6. Shall be a services contract, defined as a contract whose primary purpose was/is to render services in support of DoD or Non-DoD operations with a total contract value more than

$5M with ongoing performance or completion within five (5) years of initial RFP issuance.

7. Shall fall into one of the following categories:

Category 1: Prime Offeror work samples. To be used, the Offeror shall have acted as the

Prime or as a Major Subcontractor, which may include work performed as part of a joint venture. IAW DFARS 209.571-1 “Major subcontractor” means a subcontractor that is awarded a subcontract that equals or exceeds—(i) Both the certified cost or pricing data threshold and 10 percent of the value of the contract under which the subcontract is awarded; or (ii) $55 million. If a company establishes a joint venture for this contract, work of both prime companies may be utilized. Primes may also include subsidiaries or legal entities which fall under the parent corporation. To use a subsidiary or legal entity as a prime work sample, (1) the acquisition of the subsidiary or legal entity shall have been finalized as of the date of initial RFP issuance, and (2) objective evidence shall be included in the work sample to demonstrate that they are now a legal entity of the corporation. If these criteria are met, subsidiary or legal entity work samples will be considered prime work samples even if the work occurred prior to the company being acquired.

Category 2: Subcontractor work samples. To be used, the Subcontractor shall:

I. Be identified as a Subcontractor on the Team Structure Format required by section 3.1.4.

II. Have acted as the Prime or Subcontractor on the contract or order submitted.

III. Provide a signed Teaming Agreement as required by section 3.1.4, below.

8. Shall include at least six months of performance which shall have been within the last five years, as of the date of initial RFP issuance. For samples where all periods of performance (POP) do not meet this qualification (such as Base Year POP outside the five-year limitation and an Option Year POP within), only the POP which meet these criteria shall be utilized for scoring purposes.

9. For purposes of this solicitation, where applicable a Full Time Equivalent (FTE) or 1

Man Year (MY) is defined as 1,920 work hours performed on an annual basis. For scoring purposes, an FTE can represent less-than-full-time work hours performed by multiple personnel totaling 1,920 hours, or conversely, multiple FTEs can be documented via single personnel working more than 1,920 hours. Fractional FTEs may be counted towards scoring totals but shall be rounded down to the nearest whole number (for example, if an Offeror documents 2.6 FTEs from Work Sample #1 and 3.7 FTEs from

Work Sample #2, the total documented score is only 6 FTEs, not 6.3 FTEs). For objectives for MYs, the Offeror shall utilize FTE counts on an annual basis – for example, an offeror may "double,” or "triple" count an employee occupying a position for

2 or 3 performance years, respectively. The Offeror shall not include FTEs for future work yet to be performed – such as future performance in an active option year or future option years on a work sample. Future work is defined as work occurring after the date of initial RFP issuance.

10. Work samples that do not satisfy these minimum requirements will not be further evaluated by the Government to validate their associated self-rated score.

3.2.2 Self-Rated Scoring Matrix.

The Offeror shall complete the Appendix B to Section 52.212-1 Self-Scoring Matrix. Self-rated scores shall be verifiable using the work samples provided.

The Offeror shall complete the “Offeror Response” column on the Self-Scoring Matrix. The

Offeror shall populate the matrix with the requisite Man Year, FTE, Contract quantity, or other requested information and not the corresponding score. The Offeror’s Weighted Score will be auto calculated based on these inputs. Unless stated otherwise, the Offeror shall not change, adjust, or manipulate any other cells within the matrix. The Offeror shall accurately rate itself using the scoring instructions for each element described in 3.2.2.1 – 3.2.2.4.

The burden of proof to substantiate the Offeror’s self-rated score rests with the Offeror. The proposal shall include evidence to support each proposed self-rated score.

3.2.2.1 Hard Copy Document Management

DEFINITION: As described in detail below, responsive offerors must have a comprehensive, detailed, structured, and rational plan to identify, collect, organize, index, reproduce, and manage hard copy documents and media that will be used in all phases of litigation to include discovery, motions practice, alternative dispute resolutions, negotiations, and litigation.

CATEGORY RESTRICTIONS: Category 1 only.

SCORING: To receive the maximum points, the Offer’s work samples shall demonstrate

5 or more contracts that validate performance and capability in:

i. PWS Task 1.1.1 – Hardcopy Document and Media Collection: Responsive offerors must demonstrate hardcopy document collection services from various Government and non-Government sites, within the Continental United

States (CONUS) or Outside the Continental United States (OCONUS).

Responsive offerors must also demonstrate media collection services (i.e., CDs, DVDs, removeable media, etc.) from across the DAF. Additional specifics are in the PWS.

ii. PWS Task 1.1.2 – Hardcopy Document Preparation and Indexing:

Responsive offerors must demonstrate the process, plan, prepare, and/or ability to provide document organization, preparation, and unitization services. This would also include numbering documents (commonly referred to as Bates numbering) and organization based on the needs of the JAG Corps as defined by the COR. This task also includes all preparatory work and reassembly of documents to return them to their original state and may require personnel to travel to government sites. Additional specifics are in the PWS.

iii. PWS Task 1.1.3 – Hardcopy Scan to Digital Image/OCR: Responsive offerors must demonstrate the ability to provide digital image scanning services, including insertion of markers, or grouping of page images to indicate logical document boundaries either at the Contractor’s location or on-site in a government facility. Additional specifics are in the PWS.

iv. PWS Task 1.1.4 – Blowback: Responsive offerors must demonstrate the ability to produce hard copy documents from whole digital image media.

Additional specifics are in the PWS.

v. PWS Task 1.1.5 – Photocopying: Responsive offerors must demonstrate the ability to provide high-volume photocopying of documents at the Contractor’s site. Additional specifics are in the PWS.

vi. PWS Task 1.1.6 – Hardcopy Document Coding: Responsive offerors must demonstrate the ability to provide document coding services to include the creation of logical document units and the employment of document determination. Additional specifics are in the PWS.

3.2.2.2 Electrically Stored Information (ESI) Management

DEFINITION: Please provide a comprehensive explanation of the scope of the work defined under “Electrically Stored Information Management”

CATEGORY RESTRICTIONS: Category 1 only.

SCORING: To receive the maximum points, the Offer’s work samples shall demonstrate

5 or more contracts that validate performance and capability in:

i. PWS Task 1.1.7 – ESI Collection: Responsive offerors must demonstrate the ability to provide on-site and/or remote IT or forensic collection of ESI so the data can be processed and delivered within two businesses days of collection.

Additional specifics are in the PWS.

ii. PWS Task 1.1.8 – ESI Processing: Responsive offerors must demonstrate the ability to review and inventory media to determine the number of files that require decryption and all the related processes to decrypt identified files. This also includes the processing of load ready files, native files, the metadata associated with these files. digitization of audio/videotape and transcript synchronization. Additional specifics are in the PWS.

iii. PWS Task 1.1.9 – Standard Databases: Responsive offerors must utilize a government approved commercial off the shelf litigation support tool that is already approved to operate on Department of Air Force networks. These tools must be user friendly, browser-based, and logical with minimal training requirements and a focus on usability. The support tool must accept the ESI in the prescribed format and provide usable outputs Additional specifics are in the PWS.

iv. PWS Task 1.1.10 – Hosting: Responsive offerors must demonstrate the ability to provide a managed solution to host unclassified data in a web-based

COTS litigation software tool. The system must meet industry standards and support up to 500 users concurrently with manned help desk and 99% availability rate. Additional specifics are in the PWS.

v. PWS Task 1.1.11 – Managed Review Services: Responsive offerors must demonstrate the ability to provide managed review services on multiple cases simultaneously. Additional specifics are in the PWS.

vi. PWS Task 1.1.12 – ESI Production: Responsive offerors must demonstrate the ability to export and produce Government ESI by generating standard format, load-ready files from the files selected using the litigation support software in the prescribed size, format, and media type. Additional specifics are in the PWS.

vii.

3.2.2.3 Trial and Specialty Services

DEFINITION: Please provide a comprehensive explanation of the work define under

Hard Copy Documentations Management

CATEGORY RESTRICTIONS: Category 1 only.

SCORING: To receive the maximum points, the Offer’s work samples shall demonstrate

5 or more contracts that validate performance and capability in:

i. PWS Task 1.1.16 – Pretrial, Trial, and Post-Trial Support – Responsive offerors must demonstrate and understanding and ability to provide the required support for pre-trial, trial, and post-trial support. This includes trial support work, discovery support, court reporter service, foreign language interpretation, transcription services, and exhibit assembly support. This task also requires responsive contractors to provide paralegal, research, law clerk and similar support as required by the litigation needs and as defined in task orders. Finally, this task requires courtroom interpreter, audio/visual, and presentation support. Additional specifics are in the PWS.

ii. PWS Task 1.1.17 – Specialized Professional Services – Responsive offerors must demonstrate the ability to provide specialized professional services in the form of various types of subject matter experts with specialized knowledge in specific areas. These experts would be used as consultants or experts and may be required to be certified for court as experts and testify accordingly.

Additional specifics are in the PWS.

3.2.2.4 Other Professional Services

DEFINITION: Please provide a comprehensive explanation of the work define under

Hard Copy Documentations Management

CATEGORY RESTRICTIONS: Category 1 only.

SCORING: To receive the maximum points, the Offer’s work samples shall demonstrate

5 or more contracts that validate performance and capability in:

i. PWS Task 1.1.13 – Program and Project Management Support: Responsive offerors must demonstrate the ability to employ sufficient staff to support current and expected surges in casework and support virtual workforce initiatives and demands including telecommuting. This specifically requires the employment of a Lead Program Manager for the duration of the contract and the use of a Project Manager for each Task Order.

ii. PWS Task 1.1.14 – Hardcopy and ESI Collection, Processing, and Loading

Support: staff the processing site(s) to efficiently, effectively, and expeditiously accomplish the hard copy document management tasks and meet all accuracy, quality, and timeliness standards. Additional specifics are in the PWS.

PWS Task 1.1.15 – Managed Review Support: Responsive offerors must demonstrate the ability to provide managed review services to conduct reviews on multiple cases simultaneously. This includes the potential employment of reviewers and review managers. Additional specifics are in the

PWS.

iii. PWS Task 1.1.18 – Other Services – Responsive offerors must demonstrate the ability to provide additional specialized professional legal support services to include but not limited to manual and machine-based language translation, secure hardcopy storage, and various other contractor furnished items.

Additional specifics are in the PWS.

3.2.4 Team Structure.

The Offeror shall identify the team structure it will use to meet Government requirements in the

Appendix G – Team Structure Format. The Offeror shall:

1. Identify each team member’s company name, address, CAGE code, and UEI number.

2. Identify the team member’s relationship with the prime offeror.

3. Identify the performance area(s) in which the prime intends to utilize the team member for performance. If multiple performance areas are anticipated, list them all in a single cell. Performance areas shall be identified by listing the applicable ITS PWS paragraph(s) and the PWS paragraph title(s).

The Offeror shall provide a signed teaming agreement between the Prime Offeror and each team member. The teaming agreement shall identify the percentage of work to be performed in each location for the ITS task order. The Offeror shall provide a subcontractor or team member consent letter for each subcontractor or team member included in the team structure (see

Appendix H Subcontract or Team Member Consent Letter for an example).

3.2.5 Burden of Proof.

The burden of proof for substantiating the Offeror’s self-rated score rests with the Offeror. The proposal shall contain sufficient data to substantiate the points claimed by the Offeror. All proposal information is subject to verification by the Government. Falsification of any proposal documents or statements may disqualify the Offeror from this source selection.

3.3 VOLUME IIB – Subfactor 2: PAST PERFORMANCE

3.3.1 Past Performance

3.3.1.1 Offeror shall provide past performance information on each work samples provided in support of their Technical Experience. This should include at least one from the Prime contractor and major subcontractor. The scope and magnitude of this requirement can be broadly defined by the tasks in the PWS. Offeror should consider subcontractor or teaming partner’s past performance submission if their proposal includes substantial subcontracting efforts.

To be recent, the effort must have at least six (6) months of continuous active contract performance within the last five (5) years from the date of issuance of this solicitation. Offeror’s proposal shall provide examples of past performance that indicates a high expectation that the

Offeror will successfully perform the required effort. The evaluation of past performance information will consider past performance information regarding predecessor companies or subcontractor or teaming partners that will perform major or critical aspects of the requirement when such information is relevant to the acquisition. The past performance information forms

(PIFs) (Appendix E) as provided by the contractor will be used by the evaluation team to establish the relevancy, recency, and quality of past performance.

Offeror shall furnish the following information for each contract submitted:

i. Company/Division name.

ii. Description of service and a detailed explanation of relevance to this requirement.

iii. Contracting Agency/Customer point of contact or reference having knowledge of contract performance.

iv. Contract Number.

v. Contract Type and Dollar Value (per year cost and life cycle cost).

vi. Designation as prime or subcontractor.

vii. Period of Performance.

viii. Completion Date.

ix. Verified, up-to-date name, address, & telephone number of the Contracting Officer.

x. Comments regarding compliance with contract terms and conditions.

xi. Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

xii. Questionnaire log including the name, address, telephone number and e-mail address for each point of contact to whom the Past Performance Questionnaire was sent for completion.

xiii. Offerors are cautioned to ensure respective past performance information submitted is recent (performed with the last 5 years) from the date of issuance of the solicitation. Any past performance information submitted over the maximum five (5) contracts (including prime and subcontractors) will be disregarded in its entirety.

3.3.1.2 Small Business Compliance in Past Performance Efforts:

On the five (5) contracts submitted in Volume IIB, Past Performance, include relevant information for each contract submitted concerning the offeror’s/joint venture member’s and critical subcontractor’s compliance with FAR 52.219-8, Utilization of Small Business Concerns or FAR 52.219-9, Small Business Subcontracting Plan, if these clauses are or were contained in the contract. (Please note that FAR 52.219-8 does apply to ALL businesses, whereas FAR

52.219-9 only applies to large businesses.) When subcontracting possibilities existed on the contracts submitted by the offeror/joint venture member and critical subcontractor, address whether or not the offeror/joint venture member and critical subcontractor awarded subcontracts to small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns to the fullest extent consistent with efficient contract performance. If none of the submitted contracts included these clauses, whenever subcontracting possibilities existed in the performance of these contracts, address whether or not it was the offeror/joint venture member and critical subcontractor’s policy to utilize small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns to the fullest extent consistent with efficient contract performance.

3.3.1.3 Teaming Arrangement.

If a teaming arrangement as defined in FAR 9.601 is contemplated, submit the teaming arrangement (a summary is not acceptable) including any relevancy in past performance information on previous teaming arrangements with same partner. The teaming arrangement information is excluded from the Past Performance Volume page count. The offeror should include a commitment signed by offeror and subcontractor certifying that if a contract is awarded resulting from the proposal, the parties commit to joint performance as proposed. If the signed commitment is not fully executed by both parties and provided with the Past Performance Proposal, subcontractor references will not be evaluated or considered.

3.3.1.4 Subcontractor Consent Letter.

Past performance information pertaining to a subcontractor cannot be disclosed to the prime Offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor. The subcontractor consent letter(s) is excluded from the Past Performance Volume page count.

3.3.1.5 CPAR Category Ratings.

DEFINITION: Of the work samples submitted for technical experience, the Offeror shall rate itself based on the total percentage of CPAR categories that were rated “Exceptional,” “Very

Good,” “Satisfactory”, “Marginal”, or “Unsatisfactory” for the CPAR categories of Quality, Schedule, Cost Control, and Management on all CPARs.

Offerors must provide all relevant fully completed CPARs to substantiate the self-score. A fully completed CPAR means that the Government can verify that a government official has closed out the CPAR (e.g., Assessing Official, Reviewing Official, or Ombudsman). If only the

Assessing Official closed out the CPAR, Contractor concurrence is also required – without showing this the Government does not consider the CPAR to be closed. For CPARs where the contractor non-concurred, Reviewing Official close out is required. Offerors that fail to provide all relevant CPARs may be disqualified due to intentional withholding of required information.

Adjectival ratings provided via Past Performance Questionnaire (PPQs) shall not be used for scoring in this subfactor, except for PPQs submitted for private sector (non-federal) contracts, where CPARs are not required. Team Member CPARs shall be submitted if a Team Member work sample has been used. Team Members may choose to submit their CPARs directly to the

Government if there are concerns of proprietary information being exposed; however, all separately submitted information must be received by the FOPR deadline for receipt of proposals to be counted.

If a work sample is based on a task order awarded under a single award IDIQ, and the associated

CPAR is at the single award IDIQ level, the single award IDIQ CPAR may be used for that work sample.

Important: The Government Technical Evaluation Team must be able to validate each CPAR rating for each performance period of the contract/task order that is submitted as a work sample.

For example, if a single work sample is in the fifth year of performance at time of FOPR release, the Government will need to validate all CPARs from that work sample (i.e., the base year and three option years, for a total of four annual CPARs).

RELEVANCE: The Government has determined this qualification to be important as it directly relates to an Offeror’s officially documented past performance on the utilized work samples and adherence to contractual terms and conditions. It is important to the Government to understand the level of quality of the Offeror’s or Team Member’s performance on the provided work samples.

3.4 VOLUME III – FACTOR 3: COST/PRICE

3.4.1 The Offeror shall provide other than certified cost/pricing data as required to evaluate the reasonableness, completeness, realism, and balance of proposed price. Offerors shall provide proposed prices in Section B of the RFP and proposed labor categories and labor rates in the

Cost/Price Proposal Attachment G.

The Government…