Request for Quotation A-10-054.pdf

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FREEDOM OF INFORMATION ACT (FOIA) SUPPORT SERVICES Federal contract opportunity
Solicitation number
A-10-054
Issued by
Department of the Treasury Departmental Offices

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Request for Quotation A-10-054

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

TDP

WASHINGTON DC 20220

MAIL STOP: 1425 NEW YORK AVE, NW

1500 PENNSYLVANIA AVE, NW

PROCUREMENT SERVICES DIVISION

DEPARTMENT OF THE TREASURY

CODE 16. ADMINISTERED BYCODE

X

X

561410

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR

PSD

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/26/2010 1600 ET

07/09/2010

MAJESTA HARTLEY

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

A10054

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEM 1. REQUISITION NUMBER PAGE OF

1 51 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SUITE 2100

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Washington DC 20220 1425 New York Avenue, N.W.

Department of the Treasury

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.0

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

EMERGING SMALL

BUSINESS

8(A)X

Procurement Services Division

SOLE SOURCE

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 FREEDOM OF INFORMATION ACT (FOIA) SUPPORT SERVICES LO

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

PATRICK BREEN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS

NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 3/2005) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

51 2 of

REQUEST FOR QUOTATION

A-10-054

FREEDOM OF INFORMATION ACT (FOIA) SUPPORT SERVICES

TABLE OF CONTENTS

CONTRACT CLAUSES Page 4

52.212-4, Contract Terms and Conditions – Commercial Items Page 4

Addendum to 52.212-4, Contract Terms and Conditions – Commercial Items Page 9

Pricing Template Page 14

52.204-9, Personal Identity Verification of Contractor Personnel Page 20

52.216-18, Ordering Page 20

52.216-1, Type of Contract Page 20

52.216-22, Indefinite Quantity Page 21

52.212-5, Contract Terms and Conditions Required To Implement Statutes and Executive Orders Page 24

SOLICITATION PROVISIONS Page 30

52.212-1, Instructions to Offerors – Commercial Items Page 30

52.212-2, Evaluation – Commercial Items Page 34

52.212-3, Offeror Representations and Certifications – Commercial Items Page 36

CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(Mar 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended

(41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232- 33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see

52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986;

41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS –COMMERCIAL

ITEMS (MAR 2009)

1.0 Description of Services

The Treasury Department is the executive agency responsible for promoting economic prosperity and ensuring the financial security of the United States. The Department is responsible for a wide range of activities such as advising the President on economic and financial issues, encouraging sustainable economic growth, and fostering improved governance in financial institutions. The Department of the Treasury operates and maintains systems that are critical to the nation's financial infrastructure, such as the production of coin and currency, the disbursement of payments to the American public, revenue collection, and the borrowing of funds necessary to run the federal government. The Department works with other federal agencies, foreign governments, and international financial institutions to encourage global economic growth, raise standards of living, and to the extent possible, predict and prevent economic and financial crises. The Treasury Department also performs a critical and far-reaching role in enhancing national security by implementing economic sanctions against foreign threats to the U.S., identifying and targeting the financial support networks of national security threats, and improving the safeguards of our financial systems.

The Departmental Disclosure Office, known as Disclosure Services, is both an operations function and a policy office. Disclosure Services manages the FOIA program in the Department of the Treasury, Departmental Offices (DO). Requests for DO records are received, assessed, assigned, and tracked in Disclosure Services. Disclosure Services also establishes and communicates disclosure policy for all of Treasury through regulations, directives and handbooks. The office provides policy, procedural and technical guidance to Treasury employees;

has oversight and reporting responsibilities for the Department; and provides FOIA-related training.

The Freedom of Information Act established a presumption that records of the Executive Branch of the United States Government are accessible to the people. This was not always the policy regarding Federal information disclosure. Before the FOIA in 1966, the burden was on the individual to establish a right to examine Government records. With the passage of the FOIA, the burden of proof shifted from the individual to the Government. Those seeking information are no longer required to show a need for information. Instead, the "need to know" standard has now been replaced by a "right to know" standard.

The Government now has to justify the withholding of requested records. The FOIA sets standards for determining which records must be made available for public inspection and which records can be withheld from disclosure. The law also provides administrative and judicial remedies for those denied access to records. Above all, the statute requires Federal agencies to provide the fullest possible disclosure of information to the public.

The Department of Treasury has identified a requirement to capture (electronically or by scanning), aggregate, and manage significant volumes of electronic files (e-mails and documents in various electronic formats) and paper records related to all of Treasury programs and operations so that the resulting solution facilitates prompt and efficient responses to requests for information, including requests for records that must be reviewed and redacted prior to disclosure (e.g., FOIA).

The Department of the Treasury intends to award a single Indefinite-Delivery / Indefinite- Quantity contract as a result of this Request for Quotation. Any tasks orders issued under the resultant contract will be issued on a firm-fixed price or fixed-price level of effort basis.. All work under the resultant contract will be performed at the Government facility. Treasury will be providing all necessary equipment and materials.

The objective of this contract is to acquire services to support the Department of Treasury FOIA operations which involve various assistance related duties to promptly respond to discovery request, FOIA requests, requests for records, the Congressional Oversight Panel, Congressional Committees having oversight jurisdiction, and similar requestors. Although many Treasury documents contain sensitive data that must be protected from disclosure, a concurrent objective is to promote Treasury program transparency by making all records that can be totally or partially publicly released readily accessible via an on-line electronic reading room or similar methods.

The scope of the work is to provide basic concepts, methods, procedures, and guidelines of information disclosure. Performing this task involves the performance of specific, routine operations that include a few separate tasks or procedures, such as looking for specific items of factual information in tabulating and summarizing data, or reviewing recent case decisions and summarizing the factual and legal issues and findings.

2.0 Specification of Work

2.1 Qualifications

In accordance with task orders issued against the resultant contract, the contractor shall provide, analysts that possess a keen knowledge and understanding of Freedom of Information Act (FOIA), 5 U.S.C. § 552 and Privacy Act (PA), 5 U.S.C. § 552a. The analysts must have experience in reviewing simple and complex agency records in accordance with the FOIA/PA and agency FOIA implementing instructions. Experience in redacting exempt material from agency records either manually or electronically and applying appropriate FOIA/PA exemptions to the redacted materials is a must. The analysts must also have experience in writing interim, internal and final FOIA correspondence. The analysts should also have experience in maintaining case files and database functions. The analysts must have at a minimum a high school diploma.

For some organizations, the analysts must have an active “Secret” clearance. Additionally, the contractor shall provide, at a minimum, one contractor staff member with a SCI security clearance in order to work with classified records.

At a minimum, FOIA Analyst shall be able to demonstrate proficiencies at the below five (5) areas in performance of work under the resultant contract:

1. Review of records pursuant to the FOIA/PA: The analyst shall have actual experience reviewing agency records in response to FOIA or PA requests.

2. Application of the FOIA/PA: The analyst shall have experience in applying the FOIA/PA statutes to requests for agency records.

3. Application of FOIA/PA exemptions to withhold information: The analyst shall have used the FOIA/PA exemptions to withhold information from release to the public. This would include an understanding of the FOIA/PA exemptions.

4. Redaction experience: The analyst shall have experience in redacting or withholding information from agency records, citing the appropriate exemptions.

5. Generating response letters: The analyst shall have experience in responding to requestors concerning the agency's disclosure determination.

2.2 Responsibilities

The analyst will be responsible for ensuring released materials do not contain exempt information such as personal identifiers (where applicable), classified information, law enforcement information, confidential business information and other information exempted under the applicable statutes. Duties may include, but are not limited to: processing public requests for records in accordance with the FOIA/PA and Treasury FOIA Regulations; processing FOIA litigation cases in coordination with the appropriate Federal Program Manager, Senior FOIA Analyst and Agency Legal Counsel; maintaining paper and electronic cases file for all cases;

updating the FOIA database ensuring accuracy and completeness; scanning records into the records management system; drafting correspondence to requesters and their attorneys, business information submitters, other Treasury component offices and bureaus, other federal agencies and component division POCs. The analyst will also be responsible for processing records containing other agency content/ information to the appropriate Treasury Offices and Bureaus, and other federal agencies for referral and coordinated reviews. Responsibilities also include, processing other agency records and content/information to the appropriate Treasury Offices and Bureaus and other federal agency for their release determination. Analyst are responsible for contacting requesters to clarify requests where required and provide period status updates.

2.2.1 Process documents for public release in response to FOIA requests

Documents will be processed on-site at a Treasury Facility in the Washington, D.C Metropolitan Area. The Contract FOIA Analyst shall, as applicable,:

• Obtain and maintain the case file for all assigned cases;

• Read request to determine its scope and if the records supplied are responsive to the request;

• Where and when required and with the consent of the Federal Program Manager, contact the requester to narrow the scope of or modify the request;

• If responsive records are not complete contact FOIA Points of Contacts (POC’s) in the program offices to obtain the missing records;

• Maintain communication with POC’s to ensure efficient delivery of responsive documents;

• Make disclosure recommendations of all content and information for all records (classified, law enforcement and highly sensitive) responsive to each FOIA/PA case by analyzing the content of the records and applying the applicable provision of the FOIA/PA;

• Redact exempt content/information from records in accordance with the FOIA, 5 U.S.C. § 552;

PA, 5 U.S.C. § 552a; Treasury FOIA Regulations (Regulations) at 31 C.F.R. Part 1, Subpart A and all other applicable FOIA laws, statutes, regulations, guides and orders.

• Apply appropriate FOIA/PA exemptions to redacted material.

• Determine which records require referral and/or consultation with other components of the Department of The Treasury and other federal agencies and coordinate referrals or coordinated reviews;

• Draft correspondence to requesters and business submitters, and memos to other federal agencies. This correspondence will be in the form of interim and final responses; submitter notices; determination letters to submitters of information; fee letter; clarification emails to requesters; search memos and notifications to program POCs;

• Makes initial review submitter notice responses and process records accordingly;

• Draft Vaughn Indices for FOIA litigation effort where required;

• Maintain paper and electronic files for all requests assigned;

• Ensure that case notes are maintained consistently, accurately and completely in all cases;

• In cases involving litigation, coordinate with Federal Program Manager, Senior FOIA Analyst Team Lead, assigned Agency Legal Counsel and program POCs to ensure all deadlines are met;

• Update and maintain information regarding assigned cases in the FOIA database; and

• Follow procedures established for the processing of FOIA/PA cases;

• Other duties, as assigned, relating to the efficient processing of the FOIA requests received .

2.2.2 Scanning documents, creating electronic document images and copying files

For all scanning, the Contract FOIA Analyst shall:

• Scan the files according to appropriate slip-sheet;

• Quality checks all cases to ensure accuracy and completeness of scanning;

• Make electronic redactions according to the FOIA processing guidance;

• Upload scanned file and CDs to SharePoint if available;

• Report weekly progress to designated Document Production Staff;

• Complete scanning log book, or appropriate tracking forms;

• Notify the Document Production Staff of any problems or challenges;

• Other duties, as assigned, relating to the efficient transfer of FOIA from paper form to electronic form; and

• As required make copy and collate records and files related to initial FOIA cases, FOIA appeal and FOIA litigation cases

3.0 Personnel Security Requirements

3.1 Pre-Screening of Personnel and Removal of Unacceptable Personnel

The Contractor shall ensure, at a minimum, that all applicable personnel working on this contract, including subcontractors, meet the following security requirements for contractors to protect against unauthorized disclosure of Sensitive But Unclassified (SBU) data. SBU data includes, but is not limited to, information that is protected from disclosure by the Privacy Act, 5 U.S.C. § 552a.

1) All applicable personnel shall be United States citizens or have lawful permanent resident status.

2) All applicable personnel shall be subject to a National Agency Check, Law and Credit (NACLC) investigation in accordance with the Department of the Treasury Security Manual (TD P 15-71). Applicable personnel shall not begin working on this contract until all security forms have been properly completed and submitted to the Contracting Officer’s Technical Representative for processing, as follows:

a) Completed fingerprint cards

b) Non-disclosure Agreement

c) Fair Credit Reporting Act Release

d) SF 85-P, “Questionnaire for Public Trust Positions”

3) Applicable personnel shall wear Treasury issued identification badges when working in

Government facilities.

4) Applicable personnel who undergo NACLC investigations that reveal, but are not limited to, the following may be unacceptable under this contract: conviction of a felony, a crime of violence or a serious misdemeanor; a record of arrests for continuing offenses; or failure to file or pay Federal income tax. The Government reserves the right to determine if a Contractor employee assigned to a task shall continue with the task. The Contractor shall agree to remove the person assigned within one business day of official notification by the Government and provide a replacement within five business days. New hires or substitutions of personnel are subject to the NACLC investigation requirement.

3.2 Enhanced Personnel Security Requirements

Personnel that support the Office of Terrorism and Financial Intelligence, the Office of Foreign Assets Control, and others, as required, must have an active “Secret” clearance. Additionally, the contractor shall provide, at a minimum, one contractor staff member with a SCI security clearance in order to work with classified records.

4.0 Pricing Template for FOIA Support Services

Maximum and Minimum Contract Value

The minimum dollar value of the contract awarded under this RFQ will be $50,000.00. The maximum total value of all orders placed under the contract awarded under this RFQ will be $29,000,000.00.

The following Price Table and Price Model templates have been developed to facilitate price evaluation based on the estimated needs of the Treasury Department for this requirement.

Quoters shall enter labor categories and associated rates in to the price table for all periods of performance. Quoters shall then populate the Price Model using the rates provided in the

Price Table. Quoters shall complete the pricing template using this format. Quoters may add rows, as necessary, to complete this template.

Price Table

Labor Categories

Base Period Hourly Labor Rate

Option Period 1 Hourly Labor Rate

Option Period 2 Hourly

Labor Rate

Option Period 3 Hourly

Rate

Option

Period 4 Hourly

Rate

Optional

Six-Month Extension of Services

The Price Model below will be used FOR EVALUATION PURPOSES ONLY. Actual work will be assigned through individual task orders. To complete the Price Model, Offerors shall enter the applicable labor rates and labor categories from the Price Table above for each office, and multiply the labor rate by the estimated hours provided to arrive at an estimated price for each office. The total evaluated price will consist of the sum of the estimated prices for each office. NOTE: The Treasury anticipates using up to the hours provided below for task orders in the base period and each option period. The estimated hours for the price model for each period of performance(exclusive of the optional six month extension) shall equal 27,040. The hours for the optional six month extension shall equal 13,520

Price Model

Base Year Labor Categories Labor Rates Hours Totals

$0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Total $ -

Option Period One 0

$0.00 $0.00 $0.00 $0.00 $0.00

Option Period Two 0

$0.00 $0.00 $0.00 $0.00 $0.00

Option Period Three 0

$0.00 $0.00 $0.00 $0.00 $0.00

Option Period Four

$0.00 $0.00 $0.00 $0.00 $0.00

Optional Six Month Extension

$0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Total $ ‐

Total Evaluated Price $

5.0 Period of Performance

The contract base period of performance shall be one (1) year from the date of contract award.

The contract includes four (4), one-year options to extend the period of performance. The total potential period of performance (if all options are exercised) shall not exceed 5 years and 6 months.

6.0 Work Location

The Contractor shall perform a majority of the work on-site at designated Treasury location unless otherwise stated in the Task Order. If off-site work is necessary it will be identified at the Task Order level.

6.1 Government Furnished Property

Treasury will provide office space and all materials, equipment and incidentals required to perform the work on-site, unless specifically stated in the Task Order or the work is to be performed off-site.

7.0 Contracting Officer

a. The Contracting Officer for this contract is:

PATRICK K. BREEN

PROCUREMENT SERVICES DIVISION

U.S. DEPARTMENT OF THE TREASURY

1500 Pennsylvania Avenue, N.W.

Attn: 1425 New York Avenue, N.W., room 2131

WASHINGTON, DC 20220

Phone Number: 202-622-0248

b. The Contracting Officer, in accordance with Subpart 1.6 of the Federal Acquisition

Regulation, is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

8.0 DTAR 1052.201-70 Contracting Officer’s Technical Representative (COTR) Designation and Authority (MAR 2002)

a. The contracting officer's technical representative is:

[To be provided by the Government at time of award]

b. Performance of work under this contract must be subject to the technical direction of the

COTR identified above, or a representative designated in writing. The term “technical direction “ includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

c. Technical direction must be within the scope of the specification(s)/work statement. The COTR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the specification(s);

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor’s right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor’s employees.

d. Technical direction may be oral or in writing. The COTR shall confirm oral direction in writing within five workdays, with a copy to the contracting officer.

e. The contractor shall proceed promptly with performance resulting from the technical direction issued by the COTR. If, in the opinion of the contractor, any direction of the COTR, or his/her designee, falls within the limitations in (c), above, the contractor shall immediately notify the contracting officer no later than the beginning of the next Government work day.

f. Failure of the contractor and the contracting officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

9.0 Contractor Project Manager

a. The Contractor's designated Project Manager/Account Representative for this contract is:

Name: ________________________________ Office No: ___________________ Fax No: ________________

E-Mail Address: ____________________________________________

b. The Project Manager/Account Representative shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the COTR to discuss problem areas as they occur. The Project Manager/Account Representative or designated representative shall respond within four hours after notification of the existence of a problem. The Project Manager shall be able to fluently read, write, and speak the English language.

10.0 Payment Schedule

As applicable, a payment schedule will be specified in each task order.

11.0 Invoices

a. Invoices shall be submitted in electronically to the following address:

VendorPay@do.treas.gov

b. A copy of the invoice shall also be submitted to the COTR and Contracting Officer via e-mail simultaneously.

c. Submission of proper invoices shall be rendered on a percentage complete basis in an amount equal to the value of the work performed.

d. Each invoice submitted shall be supported by appropriate documentation as follows:

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices.

An invoice must include —

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

e. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

12.0 52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system

13.0 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a single Indefinite-Delivery / Indefinite Quantity contract with Firm-Fixed Price or Fixed Price Level of Effort task orders contract resulting from this solicitation.

14.0 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of award through 66 months from award.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

15.0 52.216-19 Ordering Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _____________ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $6,000,000;

(2) Any order for a combination of items in excess of $6,000,000; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

16.0 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 6 months from the expiration of the final option period.

17.0 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the contract expiration.

18.0 52.217-9 Option To Extend The Term Of The Contract (MAR 2000)

a. The Government may extend the term of this contract by written notice to the Contractor within sixty (60) days; provided that the Government…

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