RFP A-12-020 Commercial Version 4-25-12.doc

Solicitation A-12-020

TABLE OF CONTENTS

PART 1: PRICING

· Supplies or Services & Prices or Costs

PART 2: IDIQ PERFORMANCE WORK STATEMENT

PART 3: CONTRACT CLAUSES

· Packaging and Marking

· Inspection and Acceptance

· Deliveries or Performance

· Contract Administration Data

· Special Contract Requirements

PART 4: OTHER TERMS, CONDITIONS, REPRESENTATIONS & CERTIFICATIONS

PART 5: PROPOSAL INSTRUCTIONS AND EVALUATION METHODS

PART 6: ATTACHMENTS

PART 1: PRICING

SUPPLIES OR SERVICES & PRICES OR COSTS

1.0

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

a) This is an Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract, as identified under Federal Acquisition Regulation (FAR) 16.504. Requirements will be placed under this contract through Firm-Fixed-Price (FFP), and/or Labor-Hour (LH) task orders issued against the basic contract. Task order awards shall be as follows:

1) Total minimum quantity of service to be awarded to the contractor during the life-cycle of this contract shall be $25,000. Treasury will ensure the contractor will, at a minimum, receive task order awards, the sum of which will meet the IDIQ minimum.

2) Total maximum quantity of services to be awarded during the life-cycle of this contract shall be TDB.

b) The Contractor shall, in accordance with the terms and conditions set forth hereafter, furnish the necessary qualified personnel, services, travel, facilities, and materials (except those specifically to be provided by the Government) and to do all things necessary and incident to the completion of the contractual effort in accordance with the Performance Work Statement (PWS).

2.0

TASK ORDERS

Task orders awarded pursuant to this contract will be Firm-Fixed-Price, or Labor-Hour, as specified in the individual task order.

3.0

TASK ORDERS FUNDING

Task orders issued under the contract may be subject to full or incremental funding. Firm-fixed-price task orders will be fully funded. The labor-hour task orders may be incrementally funded.

4.0

PRICING INSTRUCTIONS

When responding to an actual task under the IDIQ basic contract, the Contractor shall use the proposed rates/prices from Attachment 1, and the Contractor may not exceed these rates/prices during contract performance. The Contractor shall indicate in its proposal the extent to which its proposed labor rates represent a discount from the firm’s standard rates.

5.0

CONTRACT PRICING

All task orders issued for services to be performed within the United States will be priced in accordance with the hourly rates and fixed prices set forth in Attachment 1. The fully burdened hourly rates are ceiling price rates and the Contractor may, at its discretion, elect to propose lower hourly rates for individual task orders.

Attachment 1 represents fully-burdened hourly rates for each labor category. The fully-burdened labor rates include all direct labor, indirect applicable rates in accordance with each contractor’s normal accounting practice, and profit associated with providing the required skill.

PART 2: IDIQ PERFORMANCE WORK STATEMENT

INTERNAL CONTROLS SUPPORT SERVICES

United States Department of Treasury Internal Revenue Service Treasury Executive Office for Asset Forfeiture

LIST OF ACRONYMS

The acronyms listed below will be used when referring to the corresponding terms:

TEOAF

Treasury Executive Office for Asset Forfeiture

TFF

Treasury Forfeiture Fund

NFC

National Finance Center

IRS-CI

Internal Revenue Service – Criminal Investigation

USSS

United States Secret Service

ICE

Immigration and Customs Enforcement

HSI

Homeland Security Investigations

CBP

Customs and Border Protection

USCG

United States Coast Guard

TTB

Trade and Tax Bureau

SAP

TEOAF’s Financial System that is owned and managed by CBP

SEACATS

Seized Asset and Cast Tracking System

AFTRAK

Asset Forfeiture Tracking and Retrieval System

FASTRAK

Forfeited Asset and Seized Property Tracking System

DEFINITIONS

SEACATS - the single repository for all inventory and case information related to seized and forfeited property, fines, penalties, and liquidated damages for CBP.

AFTRAK – an information system designed to track assets seized for forfeiture, evidence, and abandonment. The application is used as a management tool internally (locally and nationally) and for external customers of IRS-CI.

FASTRAK – an information system designed to track assets seized for forfeiture, evidence, and abandonment for USSS.

LOCAL TRAVEL – any travel within a 50-mile radius of the TEOAF headquarters.

1.0 OBJECTIVE

The objective of this Performance Work Statement (PWS) is to provide the Department of the Treasury Office Executive Office of Asset Forfeiture (TEOAF) with Internal Control Support Services.

2.0 BACKGROUND

In furtherance of the TEOAF mission to affirmatively influence the consistent and strategic use of asset forfeiture by the Treasury Forfeiture Fund (TFF) participating law enforcement bureaus , to disrupt and dismantle criminal enterprises. The TFF is administered by TEOAF. To accomplish its mission, among other things, TEOAF provides financial resources to the TFF participating agencies.

The high-impact performance of the TFF reflects the ongoing hard work of the TFF’s participating law enforcement agencies as well as TEOAF’s emphasis on major case initiatives, asset forfeiture program training, and a focused approach regarding a performance measure that gauges revenue from high-impact cases. It is TEOAF’s view that the greatest damage to criminal enterprise can be achieved through large forfeitures; hence it has set a target level of seventy-five percent of its forfeitures to be high impact forfeitures.

The TFF was established in 1992 as the successor to what was then the Customs Forfeiture Fund. The TFF continues, in its capacity as a successful multi-departmental fund, representing the interests of law enforcement components of the Treasury and Department of Homeland Security. It is the receipt account for the deposit of non-tax forfeitures made by carious participating agencies:

· Internal Revenue Service – Criminal Investigation Division (IRS-CI)

· U.S. Immigration and Customs Enforcement (ICE)

· U.S. Secret Service (USSS)

Effective law enforcement actions against criminal enterprises, from drug cartels to terrorist organizations, require depriving criminals of enabling assets and profits that support or stem from their existence. The TFF is funded by the forfeited assets of criminal enterprises. The TFF is a “special receipt account” (i.e., a resource account that provides funding to participating law enforcement agencies to enhance their capabilities to conduct successful investigations and forfeitures).

TEOAF, through the provision of leadership, guidance, and stewardship, works to minimize the impact of forfeitures performed by the participating agencies. As the administrator of the TFF, TEOAF performs the following functions:

· Promotes the use of proceeds from asset forfeitures to fund programs and activities aimed at disruption and dismantling criminal enterprise, in particular major case initiatives and activities enhancing forfeiture capabilities;

· Manages TFF revenues to cover the costs of seizure and forfeiture;

· Train law enforcement personnel of the participating agencies in various aspects of asset forfeiture;

· Promotes cooperation among Federal, State, and local law enforcement agencies through funding of expenses including equitable sharing as well as the development of task forces;

· Promotes financial stability and vitality of the TFF;

· Develops policies consistent with Federal law, and provides legal advice regarding the interpretation of such laws and policies; and

· Coordinates TFF policy among the participating agencies.

3.0

SCOPE OF WORK

The scope of the services required to provide internal control support services to the Department of the Treasury TEOAF. The contractor shall work as part of a team to assist management with maintaining a robust internal control program within TEOAF that is in compliance with the laws and regulations governing the TFF and in furtherance of accomplishing TEOAF’s mission. In accordance with the work described herein, TEOAF anticipates that the contractor will provide internal controls support tasks within the general scope of this contract. The contractor’s deliverables must be submitted to the Contracting Officer Representative (COR) for approval and acceptance. Contractor must have expertise in the areas of program reviews, process reviews, invoice reviews, analysis of financial information, and the documentation of financial transaction and programmatic processes. Additionally, the Contractor shall be proficient in detecting, solving, and preventing any deficiencies and/or any potential material weaknesses identified during its reviews, by the Treasury Inspector General, or by the Independent Private Auditors. The Contractor shall assist the TFF participating agencies with compliance with Treasury policies and procedures, as well the implementation of specific Treasury programs.

4.0

PERFORMANCE REQUIREMENTS

The Contractor shall provide personnel experienced and qualified to perform a number of analytical, research, and developmental tasks, in support of TEOAF’s internal control support services. The Contractor shall assist in maintaining and enhancing a robust internal control program that aids TEOAF in performing its regulatory oversight functions of TFF programs; financial analysis; reviews of documents and operations; and internal control functions over the following TFF program areas: Property Contracts, Financial Management, and Strategic Planning and Analysis. The Contractor shall be responsible for determining and implementing solutions to perform the services stated below:

4.1 Communicate effectively with TEOAF management, the TEOAF Contracting

Officer Representative (COR), and other appropriate TEOAF staff members.

4.2 Aid and support documenting operational functions and processes, assessing the effectiveness of internal controls and assessing risk associated with each function and process.

4.3 Provide expert assistance and advice on risk related technical issues, problem, and procedures for the General Property and Real Property contracts.

4.4 Research and recommend solutions to issues involving risk related aspects of policies and operational activities that require review by TEOAF

4.5 Provide technical support for the program review and management of the General Property Contract. The contractor shall provide technical support for the General Property Contract which includes conducting analysis, reviews, and making recommendations to achieve the objectives of the TFF. Task orders issued against the IDIQ could result in the any of the following services and/or deliverables:

4.5.1 Assist in developing a robust internal control program to evaluate the effectiveness of the services being performed on the TEOAF’s General

Property Contract performing monthly contract compliance and reviews of the services being performed on the TEOAF’s General Property Contract;

4.5.2 Perform monthly contract invoice review and cost analysis;

4.5.3 Assist in assessing supporting documentation for monthly risk management review and analysis;

4.5.4 Perform quarterly contract revenue testing;

4.5.5 Perform yearly contract inventory testing of General Property;

4.5.6 Perform quarterly review and assessment of General Property destructions;

4.5.7 Perform quarterly aging analysis review of General Property; and

4.5.8 Perform bi-yearly contract assessments and provide Bi-Yearly Contract Assessment and Recommendation reports to TEOAF Management.

4.6 Provide technical support services for program reviews of the Real Property Contract. The contractor shall provide technical support for the Real Property Contract which includes conducting analysis, reviews, and making recommendations to achieve the objectives of the TFF. Task orders issued against the IDIQ could result in the any of the following services and/or deliverables:

4.6.1 Assist in performing monthly compliance and review of the Real

Property Contract;

4.6.2 Perform monthly contract invoice review and cost analysis;

4.6.3 Perform monthly risk management analysis;

4.6.4 Conduct quarterly contract revenue testing;

4.6.5 Provide periodic assistance with the training of the Real Property contract users (TFF participating agencies) on the Real Property Performance

Work Statement and other relevant requirements;

4.6.6 Assist in and perform bi-yearly contract assessments and provide recommendation reports to TEOAF Management; and

4.6.7 Perform quarterly audit reconciliations of all TFF Agency seized Real

Property.

4.7 Provide technical support to the TEOAF Financial Management Team. Task orders issued against the IDIQ could result in the any of the following services and/or deliverables:

4.7.1 Provide monthly technical assistance with the Audit Process;

4.7.2 Provide monthly technical Assistance with the Performance

Accountability Report (PAR);

4.7.3 Perform monthly reviews of TEOAF’s obligations, reimbursables, and expenditures;

4.7.4 Perform monthly reviews of TFF Agency obligations, reimbursable, and expenditures;

4.7.5 Perform quarterly audit review of TEOAF’s State and Local Joint Operations System

4.7.6 Perform bi-yearly assessment of Financial Management Activities listed above.

4.8 Provide technical support to the Strategic Planning and Analysis Team. Task orders issued against the IDIQ could result in the any of the following services and/or deliverables:

4.8.1 Aid in and provide technical support to TEOAF staff that monitors the TFF Agency’s Major Case Activity. The contractor shall assist TEOAF with obtaining forfeited case information on investigations that were developed from major case money provided to each TFF Participating Agency by TEOAF;

4.8.2 Assist the TEOAF staff with developing and reviewing TEOAF’s Internal Procedural Planning and Automation Improvements and advice on implementation of controls around operational processes by researching and recommending solutions;

4.8.3 Aid in and assist in providing training at TEOAF and TFF participating agency’s conferences that relates to Trade Based Money Laundering and Black Market Peso Exchange; and

4.8.4 Conduct bi-yearly assessment of Strategic Planning and Analysis Activities.

5.0

ADHOC SERVICES

The contractor shall provide technical support in response to Congressional mandates, Executive Orders and agency directives as they relate to the TEOAF program. The contractor shall assist in and support the preparation of management comments in response to audit findings and coordinate with TEOAF staff to ensure prompt action regarding resolution of audit findings. In addition, the contractor shall assist to in resolving unusual or emergency situations arising under the General and Real Property contracts.

6.0

QUALITY CONTROL PLAN

The contractor shall develop a proactive quality control plan for measuring and attaining quality of performance under this contract. At a minimum, the plan should include:

· A description of the inspection system to cover all services in the PRS (see Attachment 4). The description must include specifics as to the areas to be inspected on both a scheduled and unscheduled basis, frequency of inspection, and the title and organizational placement of the inspectors.

· A description of the methods used for identifying and preventing defects in the quality of service performed.

· A description of the records to be kept to document inspections and corrective or preventive actions taken.

· The records must be kept and made available to the contracting officer, when requested, throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.

7.0

SURVEILLANCE PLAN

The Contractor’s performance will be monitored in accordance with the Quality Assurance Surveillance Plan. This plan will be provide to the contractor upon contract award.

8.0

GOVERNMENT FURNISHED PROPERTY AND INFORMATION

TEOAF will provide the Contractor the following support for the performance of this contract:

· Documentation: Access to manuals, statements of work, routine reports, and related materials necessary to perform the work ordered under the contract;

· Technical Assistance: A technical point of contact at TEOAF, who will be available to the Contractor during normal business hours; and

· Access to Information Databases: The Government will assist the Contractor in accessing Government databases that are necessary to the performance of any work ordered under the contract.

The government will furnish all hardware: networking, printers, servers, monitors, and workstations and software for operating system, database, and system utilities for personnel located at TEOAF Headquarters. In the event that Government furnished equipment is damaged by the Contractor’s employees, the Government reserves the right to replace such equipment and deduct an appropriate amount of damage from the contract cost.

Disposition of GFE shall be in accordance with FAR 52.245-1, to include any material, equipment, and/or information that may have been provided in the performance of this requirement.

9.0

CONTRACTOR FURNISHED ITEMS

The Contractor will be responsible for providing laptops for any personnel performing work under this contract at an off-site location (not the TEOAF Headquarters). The laptops must meet the security standards that are required by the Department of Treasury’s Office of Chief Information Officer. At a minimum:

a.) Each contractor employee must have a professional/business e-mail address (no yahoo, gmail, hotmail etc.)

b.) Each computer must have Microsoft office suite with Word, Excel, PowerPoint, and Access (2003 or newer) c.) Each computer must have the most recent version of Adobe, allowing them to both open and create pdf documents.

All Treasury data maintained on personal laptops or thumb drives, will be encrypted, meeting the standards under FIPS 140-2 certification.

10.0

DISPOSAL OF INFORMATION

All government provided information and information prepared as a result of the services provided under this contract must be purged within 30 days of contract expiration or termination. Purging shall consist of deleting all electronic submissions and/or storage of any government furnished information and shredding all hardcopies of government furnished information. The contractor must provide a statement on company letterhead detailing how all information was purged and certifying the purging. The Government reserves the right to conduct any inspection deemed necessary to verify the purging of information.

PART 3: CONTRACT CLAUSES

PACKAGING AND MARKING

1.0

PACKAGING AND MARKING

(1) All information submitted to the Contracting Officer (CO) or the Contracting Officer’s Representative (COR) must clearly indicate the contract number, applicable task order number for which the information is being submitted.

(2) A copy of all correspondence sent to the COR by the Contractor for any task order shall also be provided to the CO.

INSPECTION AND ACCEPTANCE

1.0

FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This solicitation and any resultant contract incorporate the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text may be accessed electronically at this Internet address: http://www.acquisition.gov/far/ Clause No.

Title and Date 52.212-4

Contract Terms and Conditions –Commercial Items (MAR 2012) 52.212-4

Alternate I (MAR 2012)

DELIVERIES OR PERFORMANCE

1.0

FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This solicitation and any resultant contract incorporate the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text may be accessed electronically at this Internet address: http://www.acquisition.gov/far/.

Clause No.

Title and Date 52.242-15 Stop Work Order (Aug 1989) 2.0

PERIOD OF PERFORMANCE

The contract period of performance shall as follows:

Base Period:

October 1, 2012 through September 30, 2013

Option Year 1:

October 1, 2013 through September 30, 2014

Option Year 2:

October 1, 2014 through September 30, 2015

Option Year 3:

October 1, 2015 through September 30, 2016

Option Year 4:

October 1, 2016 through September 30, 2017

The total potential period of performance (if all options are exercised) shall not exceed five (5) years.

3.0

PLACE OF PERFORMANCE

The contractor shall provide at least three (3) contractor employees to provide services under the resultant contract on-site at TEOAF Headquarters in Washington, D.C. Metro Area. The Program Manager must be located with the local commuting area (within a 50-mile radius of TEOAF Headquarters) and be able to report to TEOAF Headquarters as needed. All other remaining contractor employees providing support may work off-site located throughout the United States as indicated in individual task orders issued under this contract. The contractor shall identify all personnel and their locations. Additional location may potentially be throughout the United States and as well as all U.S Territories and Overseas. In such instances, each task order issued to the Contractor shall specify the place of performance. Place of performance may include but is noted limited to: the TEOAF office; participating agency headquarters and field offices; property storage facilities; sub-contractor’s offices; seizure site locations, and other government approved locations.

4.0

OBSERVANCE OF LEGAL HOLIDAYS/FEDERAL NON-WORK DAYS

(A) The Contractor shall establish a standard holiday schedule that coincides with the Government's schedule for employees working on a Government site(s). All Government offices will be closed, except for minimum essential personnel required for in-house operations, during Federal holidays. Except as otherwise specified, the Contractor shall not schedule or conduct routine work that requires Government personnel to participate on Federal holidays. Holidays observed are listed below. Holidays and other non-work days are not billable unless work is requested by the Government and performed on these days. The Government hereby provides NOTICE and Contractor hereby acknowledges RECEIPT that Government personnel observe the below listed days as holidays. The following is a list of Government holidays:

· New Year's Day;

· Martin Luther King's Birthday;

· President’s Day;

· Memorial Day;

· Independence Day;

· Labor Day;

· Columbus Day;

· Veterans' Day;

· Thanksgiving Day;

· Christmas Day; and

· Inauguration Day (every fourth year) (Washington, D.C.).

When such holidays fall on a Saturday, the preceding Friday will be considered the holiday. When such holidays fall on a Sunday, the succeeding Monday will be considered the holiday.

(B) No work shall be performed by Contractor personnel at Government facilities on Federal holidays or other non-work days without prior written approval of the Contracting Officer Representative.

(C) Work performed on holidays, weekends, or other non-work days shall be billed at the "normal" unit prices.

(D) There are certain types of irregularly occurring circumstances that prompt the Government to close offices where Contractor personnel are working, either on a national or local basis (e.g., bomb threats, inclement weather, power outages, death of a national figure, or funding lapses). Contractor personnel shall not work if the Government is closed, unless otherwise authorized by a fully executed Order from the CO. Non-work due to the Government closing its facility(ies) is not an expense directly reimbursable to the Contractor.

5.0

CONTRACT DELIVERABLES

A. Monthly Contract Status Report – The Contractor shall report each month, current with submission of its invoice, the status for all task orders as of the end of the previous month:

A) Labor Tasks only: hours expended and costs incurred, including cumulative totals of each and a forecast of future costs through the next month;

B) Current contractor personnel engaged;

C) Issues and mitigation/resolution of any tasks order issues; and

D) Monthly activities and accomplishments.

B. Deliverables – All deliverables will be in accordance with the scope of work discussed above and will be identified in any resulting task orders issued against the IDIQ contract.

C. Late submissions - The Contractor shall notify the CO and COTR as soon as it becomes apparent to the Contractor that a scheduled deliverable will be late. The Contractor shall include in the notification the rationale for the late delivery, the expected date for the delivery and the project impact of the late delivery. The COTR will review the new schedule. The Government will reflect any change(s) to task order terms and conditions via modification executed by the CO.

6.0

USE OF PERFORMANCE REQUIREMENT SUMMARY (PRS)

In addition to the other provisions of this Section, the Government will evaluate performance of services in accordance with the Performance Requirement Summary (PRS), provided as Attachment 4.

CONTRACT ADMINISTRATION DATA

1.0

CONTRACT ADMINISTRATION OFFICE

(a) The Contractor must use one of the following Government contacts, as applicable, as the focal point for all matters regarding this contract:

(1) Internal Revenue Service Contracting Officer: The name, address and telephone number of the Treasury Contracting Officer (CO) is as follows:

Department of the Treasury

Procurement Services Division

ATTN: Ralawna Cobb Contracting Officer

6009 Oxon Hill Road Oxon Hill, MD 20745

(202) 283-0395

(b) Written communications must make reference to the contract number and task order number (if applicable), and must be mailed to the above address.

(c) The CO, in accordance with Subpart 1.6 of the FAR, is the only person authorized to make or approve any changes to any of the requirements of the contract or any task order issued there under, and notwithstanding any clauses contained elsewhere in this solicitation or contract, such authority remains solely with the CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract or task order price to cover any increase in cost incurred as a result thereof.

Notwithstanding anything to the contrary contained in the contract or any task order issued there under, the CO shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract or task order(s) issued there under. The CO is the only individual who can legally obligate Government funds. No costs chargeable to any task order issued under the contract can be incurred before receipt of a fully executed task order or specific authorization from the CO.

2.0

1052.201-70 CONTRACTING OFFICER′S REPRESENTATIVE (COR)

APPOINTMENT AND AUTHORITY (AUG 2011)

(a) The COR is

NAME:

TBD

ADDRESS:

Treasury Executive Office for Asset Forfeiture

1341 G Street N.W

Washington, DC 20220

Phone: TBD

(b) Performance of work under this contract is subject to the technical direction of the

COR 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, and/or 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 contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

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

(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 COR must 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 COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (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.”

3.0

TRAVEL

Contractor travel expenses will be reimbursed in accordance with allowable travel costs specified in Federal Travel Regulations (for travel in 48 contiguous states), the Joint Travel Regulations, DoD Civilian Personnel, Volume 2, Appendix A (for travel to Alaska, Hawaii, Puerto Rico, and U.S. territories and possessions), and if required by the PWS, the Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas" (for travel not covered in the Federal Travel Regulations or Joint Travel Regulations), and in accordance with Federal Acquisition Regulations (FAR) 31.205-46.

Local travel will not be reimbursed. The Government will not pay for travel to/from the local place of performance when the Contractor elects to staff the requirements with individuals outside of the local place of performance. Examples of local travel are: travel to and from normal job site and supervisory personnel traveling to a Government site or alternative facility to oversee operations.

Note: All travel costs shall be approved in writing by the COR, with concurrence from the CO BEFORE actual travel commences. The Contractor shall submit an estimate for the travel costs to the CO and COR at least five (5) working days before the scheduled travel date. The COR will provide written approval of the travel at least two (2) working days before the scheduled travel date.

4.0

CONTRACTOR’S PROPOSAL

The Contractor’s proposal or portions thereof, at the discretion of the CO, shall be incorporated by reference and made a part of the contract.

5.0

TASK ORDERS

All work under this contract shall be issue under Task Orders under this contract. The Treasury will order work within the scope of this contract on a Firm Fixed Price or Labor Hour basis, as specified in the individual Task Orders.

6.0

TASK ORDER PROCEDURES

Treasury will request a task order proposal prior to issuing a task order for work to be performed under the base contract. In responding to a request for task order proposal, the Contractor shall provide a technical solution for performing the task order work, any proposed reductions to the prices set forth in the contract, and any other information required by the relevant task order proposal request within 10 calendar days. In some instances, Treasury may require expedited responses from the Contractor to perform work that is imminently needed.

7.0 Contents of Task Orders Government-awarded Task Orders (TO) will include the following (as applicable):

a) Contract and TO Number;

b) Responsible DO Organization for the TO and TO Point of Contact, email address and phone number;

c) Government officials (e.g., cognizant CO and TO COTR) contact information;

d) Total TO Price (and identify funding by increment or fully funded);

e) Obligated funding amount(s) and applicable Accounting Codes(s);

f) TO resources table (including labor categories, fully loaded labor rates, number of labor hours, and total labor cost);

g) Period of performance;

h) Place of Performance;

i) Performance Work Statement (PWS) or Statement of Work (SOW) with deliverables;

j) Applicable performance and performance metrics detail;

k) Special requirements or relevant information (e.g., waivers);

l) Government-furnished Property, if any, to be furnished to the Contractor;

m) TO work schedule as applicable; and

n) Key or essential TO personnel; and

o) Payment Office information.

8.0

POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

8.1 Contractor Performance Evaluations

Contractor evaluations shall be completed by the government acquisition team. The Contractor will be permitted a minimum of thirty (30) calendar days to review the document and to submit additional information. The Contractor shall be subject to past performance evaluations, to include interim and final evaluations. Interim evaluations may be conducted during the Contract period; however, thirty (30) calendar days after the end of each Contract period and at the end of Contract completion, an initial government evaluation will be forwarded to the Contractor. Interim and final evaluations of Contractor performance will be prepared on the Contract in accordance with FAR Subpart 42.15.

Interim and final evaluations will be provided to the Contractor as soon as practicable after information or a rebutting statement. The Contractor’s comments will be considered in the issuance of the final evaluation document. Any disagreement between the parties regarding the evaluation will be forwarded to the Director, IRS Treasury Procurement Services (OTPS) within the Department of the Treasury.

The ultimate conclusion of the performance evaluation is a decision of the Treasury and is not subject to the Disputes Clause at FAR 52.233-01. A copy of the final performance evaluation report will be sent to the Contractor through the Department of Defense (DoD) Contractor performance Assessment System (CPAS). Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the official Contract file, and may be used to support future award decisions. Additional information is available at http://www.cpars.csad.disa.mil/.

8.2 Annual Performance Evaluations

During normal working hours throughout the performance of the contract, the Government will have the right to send its officers and employees into the offices and facilities of the Contractor (to include subcontractors) for inspection of the facilities and operations provided for the performance of any work under the Contract. On the basis of such inspection, the CO may require specific measures in cases where the Contractor is found to be non-compliant with Contract safeguards.

8.3 Electronic Access to Contractor Performance Evaluations

Contractors that have Internet capability may access evaluations through a secure Web site for review and comment by completing the registration form that can be obtained at the following address: http://www.cpars.csd.disa.mil/. The registration process requires the Contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the Contractor will be required to identify an alternate contact who will be responsible for notifying the CO in the event the primary contact is unavailable to process the evaluation within the required thirty (30) day time frame. Once registered, the Contractor representative will use the website http://www.cpars.csd.disa.mil/ to access the evaluation for review and comment.

SPECIAL CONTRACT REQUIREMENTS

1.0

NON-DISCLOSURE AGREEMENTS

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of the contract, and shall not be divulged or made known, in any manner, to any persons, except as may be necessary, in the performance of the contract.

In performance of the contract, the Contractor assumes responsibility for protection of the confidentiality of Government records, and shall ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees.

Each officer or employee of the Contractor or any of its subcontractors or subcontractor personnel to whom any Government record may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such person or party can be used only for a purpose and to the extent authorized herein. Further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the U.S., or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

To the extent that the work under the contract requires that the Contractor be given access to confidential or proprietary business, technical, or financial information belonging to the Government or other companies, the Contractor shall after receipt thereof, treat such information as confidential and agrees not to appropriate such information to its own use or to disclose such information to third parties unless specifically authorized by the Contracting Officer (CO) in writing. The foregoing obligations, however, shall not apply to:

(1) Information which, at the time of receipt by the Contractor, is in public domain;

(2) Information which is published by its owner after receipt thereof by the Contractor or otherwise becomes part of the public domain through no fault of the Contractor;

(3) Information which the Contractor can demonstrate was in its possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies; or

(4) Information which the Contractor can demonstrate was received by it from a third party that did not require the Contractor to hold it in confidence.

The Contractor and all employees, agents, subcontractors and subcontractor personnel who will have access to documents or data provided by Treasury or another Treasury contractor or such other Treasury contractor’s subcontractor(s) (at any tier) during the performance of their duties under the contract must execute a Non-Disclosure Agreement and return it to the CO before being given access to such information or documents. The Contractor shall use Attachment 5 of this contract to comply with this requirement.

2.0

KEY PERSONNEL

(a) The Contractor assigned personnel that will perform the tasks stated in the Performance Work Statement, including but not limited to the Program Manager, are designated as “Key Personnel”. Such Key Personnel are as follows:

Employee Name

Position Title (b)The Contractor shall use the key personnel set forth in its price for performance of the effort set forth under the contract. In the event that one or more of the personnel are not available, or become unavailable, the Contractor shall furnish substitute personnel of equal or superior relevant skills, which substitutions shall be subject to approval of the CO.

(c) Substitution of Key Personnel –

(1) The Contractor shall assign to the contract those persons whose resumes were submitted with its offer who are necessary to fill the requirements of the contract and task orders issued there under. No substitutions shall be made except in accordance with this clause.

(2) The Contractor shall not allow personnel substitutions during the contract performance period unless the Contractor promptly notifies the CO, with a copy to the COTR, and provides the information required by paragraph (3) below. All proposed substitutions must be submitted, in writing, at least fifteen (15) working days in advance of the proposed substitutions to the CO, and provide the information required by paragraph (3) below.

(3) All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitutions, a complete resume for the proposed substitute, and any other information requested by the CO needed to approve or disapprove the proposed substitution. All proposed substitutions must have relevant qualifications that are equal or superior to the qualifications of the person(s) to be replaced. The CO, or an authorized representative, will evaluate such requests and promptly notify the Contractor of approval or disapproval thereof.

(d) During the contract performance period, any substitution or replacement of key personnel must be proposed by the Contractor and authorized by the CO in advance of such actual substitution or replacement.

3.0

SECURITY CLEARANCE OF CONTRACTOR'S EMPLOYEES

All applicable personnel must be United States citizens or have lawful permanent resident status.

Any employee assigned to support the United States Treasury shall comply with Personal Identity Verification One and Two (PIV-1, PIV-2) requirements as described in Homeland Security Presidential Directive 12 (HSPD-12), “Policy for a Common Identification Standard for Federal Employees and Contractors,” and “Federal Information Processing Standard 201, Personal Identity Verification Standards for Federal Employees and Contractors,” dated February 2005.

During the period of performance of this contract, access to Department of the Treasury facilities for Contractor personnel must be granted as deemed necessary by the Government. All Contractor personnel under this contract must be clearly identifiable by a badge furnished by the Government. Upon the termination of employment of any Contractor personnel working on this contract, all Government furnished identification must be returned to the issuing office. All on-site Contractor personnel must abide by security regulations applicable to the site.

Classified information will NOT be made available to the Contractor, although Sensitive But Unclassified (SBU) information MAY be made available to the Contractor during the performance of this contract.

3.1 Continued Eligibility

Department of the Treasury reserves the right and prerogative to deny and/ or restrict the facility and information access of any contractor employee whom Treasury determines to present a risk of compromising classified or SBU information to which he or she would have access under this contract.

The contractor shall report to the Treasury Security Office any adverse information coming to its attention concerning employees working under this contract. Reports based on rumor or innuendo should not be made. The subsequent termination of an employee does not obviate the requirement of the contractor to submit this report. The report shall include each employee’s name, social security number, and the adverse information.

The contractor must notify the Treasury Security Office of all terminations/resignations within five days of occurrence. The contractor shall return all expired Treasury issued identification cards and building passes and those of terminated employees to the COTR.

If an identification card or building pass is not available to be returned, a report must be submitted to the COTR referencing the pass or card number, name of individual to whom issued the last known location, and disposition of the pass or card.

If any current or prospective employee is found to be ineligible for access to Government facilities or information, the COTR will notify the contractor that the employee shall not continue to work or to be assigned to work under the contract. The Security Office may require drug screening for probable cause at any time and/or when the contractor independently identifies circumstances where probable cause exists.

3.2 Suitability Determination

Treasury shall have and exercise full control over granting, denying, withholding, or terminating unescorted government facility and/or sensitive Government information access for contractor employees based upon the results of a background investigation.

Treasury may, as it deems appropriate, authorize and make a favorable entry on duty (EOD) decision based on preliminary security checks. The favorable EOD decision is required before employees shall be allowed to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a full employment suitability authorization will follow.

The granting of a favorable EOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar Treasury from the withdrawing or terminating access to facilities or information at any time during the term of the contract. No employee of the contractor shall be allowed unescorted access to a Government facility without a favorable EOD decision or suitability determination by the Security Office.

Contractor employee’s not needing access to sensitive Treasury information or recurring access to Treasury’ facilities will not be subject to security suitability screening.

Contractor employees awaiting an EOD decision may not begin working on the contract or charge the contract until they have received an official EOD notification. Limited access to Government buildings is allowable prior to the EOD decision if the Contractor is escorted by a Government employee. This limited access is to allow Contractors to attend briefings, non-recurring meetings and begin transition work.

4.0

PRE-SCREENING OF PERSONNEL AND REMOVAL OF UNACCEPTABLE

PERSONNEL

Contract employees (to include applicants, temporary, part-time, and replacement employees) under the contract needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. All background investigations will be processed through the Treasury Security Office. Required forms will be provided by Treasury at the time of award of the contract. The Treasury Security Office will accept only complete packages. Specific instructions on submission of packages will be provided upon award of the contract.

The Contractor shall ensure that all applicable personnel working on this contract, including subcontractors, meet the following security requirements for contractors to protect against unauthorized disclosure of 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 BPA until all security forms have been properly completed and submitted to the Contracting Officer’s Technical Representative for processing, as follows:

· Completed fingerprint cards;

· Non-disclosure Agreement;

· Fair Credit Reporting Act Release; and

· 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 or subcontractor 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.

5.0

INFORMATION TECHNOLOGY SECURITY CLEARANCE

When sensitive government information is processed on Department telecommunications and automated information systems, the contractor agrees to provide for the administrative control of sensitive data being processed. Contractor personnel must have favorably adjudicated background investigations commensurate with the defined sensitivity level.

Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act).

6.0

INFORMATION TECHNOLOGY SECURITY TRAINING AND OVERSIGHT

All contractor employees using Department automated systems or processing Department sensitive data will be required to receive Security Awareness Training. This training will be provided by Treasury.

Contractors, who are involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior. Department contractors with significant security responsibilities shall receive specialized training specific to their security responsibilities annually. The level of training shall be commensurate with the individual’s duties and responsibilities and is intended to promote a consistent understanding of the principles and concepts of telecommunications and IT systems security.

All personnel who…