RFP_DJD-12-R-0046.pdf

DRUG ENFORCEMENT ADMINISTRATION

T2S2 Collection Systems and Annual Fleet Support, Service and Maintenance

Basic Ordering Agreement (BOA)

Request for Proposal (RFP) #: DJD-12-R-0046

December 21, 2012

Office of Investigative Technology

DJD-12-R-0046

DJD-12-R-0046 Page 1

Table of Contents

SECTION A – SF-33

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

D.1 MARKING/WARRANTY

D.2 DEA-2852.247-70: GENERAL PACKAGING AND MARKING REQUIREMENT

(May 2012)

SECTION E – INSPECTION AND ACCEPTANCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

E.1 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES AND PERFORMANCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

F.1 DEA-2852.211-70: PERIOD OF PERFORMANCE (BASE AND OPTIONS) (MAY

2012)

F.2 PLACE OF PERFORMANCE

F.3 DELIVERABLES

F.4 NOTICE TO GOVERNMENT OF DELAY

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DEA-2852.211-71 SCHEDULED AND UNSCHEDULED CLOSURES OF

GOVERNMENT OFFICES (MAY 2012)

G.2 DEA-2852.242-70: CONTRACTOR PERFORMANCE ASSESSMENT (MAY 2012)

G.3 DEA-2852.242-71: INVOICE REQUIREMENTS (MAY 2012)

G.4 DEA-2852.242-73: CONTRACTING OFFICER’S REPRESENTATIVE

G.5 DEA-2852.242-74 CONTRACT ADMINISTRATION POINTS OF CONTACT (MAY

2012)

G.6 TRAVEL REQUIREMENTS

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INITIATION OF ACTIVITIES

H.2 EVALUATION OF PROPOSALS FOR DELIVERY/TASK ORDERS

H.3 ORDERING DATA

H.4 FORMAT FOR OFFERS FOR DELIVERY/TASK ORDERS

H.5 PROCEDURES FOR POST-AWARD ACTIONS

H.6 PRECEDENCE OVER EXISTING DELIVERY/TASK ORDERS

H.7 FUTURE BOA SOLICITATIONS

H.8 AUTHORITY TO OBLIGATE THE GOVERNMENT

H.9 INTERPRETATION OR MODIFICATION

H.10 NON-PAYMENT FOR UNAUTHORIZED WORK

H.11 INDEMNIFICATION

H.12 FORCE MAJEURE

H.13 INCORPORATION OF BOA HOLDER'S PROPOSAL

DJD-12-R-0046 Page 2

H.14 SECTION 508 COMPLIANCE - DEFINITIVE CONTRACTS & ORDERS (JUL

2008)

H.15 TECHNOLOGY UPGRADES AND NEW TECHNOLOGY

H.16 DEA-2852.209-70: ORGANIZATIONAL CONFLICTS OF INTEREST (MAY 2012)

H.17 DEA-2852.209.73: REPRESENTATION REGARDING FELONY CONVICTION

UNDER ANY FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY

(DEVIATION 2012-02) (MAY 2012)

H.18 DEA-2852.218-70: CONTINUING CONTRACT PERFORMANCE DURING A

PANDEMIC INFLUENZA OUTBREAK OR OTHER BIOMEDICAL EMERGENCY

OR CATASTROPHE (MAY 2012)

H.19 DEA-2852.239-70: SECURITY OF SYSTEMS AND DATA, INCLUDING

PERSONALLY IDENTIFIABLE DATA (MAY 2012)

H.20 DEA-2852.239-71: INFORMATION RESELLERS OR DATA BROKERS (MAY

2012)

H.21 DEA-2852.242-77: PERMITS AND LICENSES (MAY 2012)

H.22 DEA-2852.242-78: APPROVAL REQUIRED FOR ADVERTISING AND MEDIA

RELEASES (MAY 2012)

H.23 DEA-2852.245-70: GOVERNMENT-FURNISHED RESOURCES (MAY 2012)

H.24 SPECIAL SECURITY REQUIREMENTS

SECTION I – CONTRACT CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE (DEC 2007)

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

DEA-2852.242-72 FINAL INVOICE AND RELEASE OF RESIDUAL FUNDS (MAY

2012) 38

SECTION J – LIST OF EXHIBITS/ATTACHMENTS

J.1 SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 39

J.2 BOA HOLDER CATALOG PRICE LIST (TBD)

J.3 DELIVERABLES TABLE

J.4 QUESTIONNAIRE FOR OFFERORS

J.5 T2S2 COLLECTION SYSTEM – ONSITE DEMONSTRATION EVALUATION

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2012)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 COMMUNICATIONS

L.2 PROPOSAL PREPARATION INSTRUCTIONS

L.2.1 GENERAL INSTRUCTIONS

DJD-12-R-0046 Page 3

L.2.2 TECHNICAL PROPOSAL INSTRUCTIONS

L.2.3 BUSINESS PROPOSAL INSTRUCTIONS

L.3 ALTERNATE PROPOSAL INFORMATION

L.4 TIME, DATE AND PLACE FOR SUBMISSION OF PROPOSAL

L.5 FINAL PROPOSAL REVISIONS

L.6 DISPOSITION OF PROPOSALS

L.7 COMMITMENT OF GOVERNMENT TO AWARD A BOA AND EXPENDITURE

OF FUNDS

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.233-2 SERVICE OF PROTEST (SEPT 2006)

2852.233-70 - PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE

(JAN 1998)

DEA-2852.209-72: Certification Regarding Felony Conviction under Any Federal Law or

Unpaid Delinquent Tax Liability (Deviation 2012-02) (MAY 2012)

SECTION M - EVALUATION FACTORS FOR AWARD

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

M.1 BASIS FOR AWARD

M.2 EVALUATION – GENERAL

M.3 EVALUATION - TECHNICAL FACTORS

M.4 EVALUATION – COST/PRICE

M.5 DETERMINATION OF OFFEROR’S RESPONSIBILITY

M.6 AWARD ON INITIAL OFFERS

M.7 NUMBER OF AWARDS

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

(15 CFR 700)

RATING OMB Clearance Control Number : 1103-0018

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

DJD-12-R-0046

SEALED BID (IFB)

X NEGOTIATED

4. TYPE OF SOLICITATION 5. DATE

ISSUED

12/24/2012

6. REQUISITION/PURCHASE

NUMBER

CODE HQ

DEA Headquarters 8701 Morrissette Drive, Attn: (FACI/Chuck Spencer) Springfield, VA 22152

7. ISSUED BY

DEA Headquarters 8701 Morrissette Drive, Attn: (FACI-Chuck Spencer) Springfield, VA 22152

8. ADDRESS OFFER TO (If other than Item 7)

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

SOLICITATION

12:00:00 01/25/2013 (Hour) (Date)

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

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ______________________________________________________ until ________________ local time ___________

10. FOR

INFORMATION

CALL:

A. NAME

Chuck Spencer

AREA CODE

NUMBER

353-1286

EXT.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

vincent.c.spencer@usdoj.gov

11. TABLE OF CONTENTS

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

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES CONTRACT

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

X C DESCRIPTION/SPECS./WORK STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSX F DELIVERIES OR PERFORMANCE

X L INSTRS., CONDS., AND NOTICES TO OFFERORSX G CONTRACT ADMINISTRATION DATA

X M EVALUATION FACTORS FOR AWARDX H SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

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

12.

13. DISCOUNT FOR PROMPT PAYMENT

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

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDAR DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

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

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

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

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE ST DEA - Office of Investigative Technology 10555 Furnace Rd, Attn: (ST/Process Coordinator) Lorton, VA 22079

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. AWARD DATE

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

DJD-12-R-0046

vcspencer Typewritten Text vcspencer Typewritten Text

SECTION A - SF-33

DJD-12-R-0046 Page 5

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 This instrument constitutes a Basic Ordering Agreement (BOA) as defined by the Federal Acquisition Regulation (FAR) part 16.703. Although, this is not a contract, Delivery/Task Orders issued under the terms of the BOA shall constitute individual contracts which shall incorporate all the clauses and provisions of the BOA, unless otherwise stipulated within the individual Delivery/Task Order. Other clauses and provisions as prescribed by the Federal Acquisition Regulations or by Agency Regulations may also be agreed to and included in individual Delivery/Task Orders, as applicable. Delivery/Task Orders under this BOA may be placed from date of award through twelve (12) months thereafter. The options listed in Section F.2 of this BOA may be exercised at the discretion of the Government and are subject to the availability of applicable fiscal year funding and/or the continuing needs of the Government.

B.2 It is understood and agreed that the Government shall not be obligated to order any items or services under this BOA, nor incur any liability if it procures the items on any other basis.

B.3 In accordance with the requirements of FAR 16.702, this BOA provides for discontinuing its future applicability upon 30 days’ written notice by either party. Discontinuing or modifying this BOA shall not affect any prior contract incorporating the basic agreement.

B.4 This BOA shall be reviewed annually before the effective date and revised as necessary to conform to the requirements of the FAR. This BOA may also need to be modified before the annual review due to mandatory statutory requirements. This BOA may be changed only by the authorized Contracting Office via modification(s)

B.5 Contracting Officers from the Department of Justice and all its components are authorized to issue Delivery/Task Orders against the BOA after receiving approval from the - authorized DEA Contracting Officer. All ordering agencies under DOJ shall contact DEA’s Contract Specialist via e-mail or via telephone prior to placing the Delivery/Task Order and must provide a copy of the Delivery/Task Order to the awarding agency, DEA.

B.6 The BOA Holder shall provide catalogs/pricelists or other cost & pricing data (as may be necessary) showing the information the government requires as listed in Section C - Statement of Work (Exhibit J-1) including additional discounts that may be provided to the government for future Delivery/Task Orders. The BOA Holder shall provide firm-fixed unit prices. Prices shall include all materials, labor, shipping, reports, documentation and on-site training, features, and support stated within this solicitation.

The BOA Holder agrees to hold firm the proposed prices for the length of each year of the BOA. Catalog prices and discounts will be attached to the BOA as Exhibit J-2.

B.7 Individual Delivery/Task Orders will be negotiated and priced separately based on the cost/price method selected by the Contracting Officer to determine price reasonableness.

Each order shall specify the services or supplies being ordered, the delivery schedule, inspection and acceptance, funding citation and any other information necessary for the completion of the order. See BOA Section H.2 for specific details.

DJD-12-R-0046 Page 6

B.8 Each Delivery/Task order placed against this BOA will become a binding contract upon signature of both parties on the purchase instrument. Upon Government inspection and acceptance of services or supplies provided under each order, the Government will authorize payment. BOA Holders shall submit invoices consistent with requirements of Section G.3 Invoice Requirements of this BOA.

B.9 Failure to reach agreement on price for any Delivery/Task Order issued before its price is established is a dispute under the “Disputes” clause included in this BOA.

DJD-12-R-0046 Page 7

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Statement of Work (SOW) is attached as Exhibit J-1.

DJD-12-R-0046 Page 8

SECTION D – PACKAGING AND MARKING

D.1 MARKING/WARRANTY

The BOA Holder shall stamp mark the supplies delivered or otherwise furnish notice with the supplies of the existence of the warranty. The purpose of the markings or notice is to inform the government personnel who store, stock, or use the supplies that the supplies are under warranty.

Marking may be brief but should include (i) a brief statement that a warranty exists; (ii) the substance of the warranty; (iii) its duration; and (iv) who to notify if the supplies are found to be defective.

(End of clause)

D.2 DEA-2852.247-70: GENERAL PACKAGING AND MARKING REQUIREMENT

(May 2012)

(a) Packaging and packing for all items (includes written materials, reports, presentations, etc.) delivered hereunder shall be in accordance with common commercial practices, adequate to insure protection from possible damage resulting from improper handling, inclement weather, water damage, excessive heat and cold, and to insure acceptance by a common carrier for safe delivery to its final destination.

(b) All deliverables shall clearly indicate the purchase order number, BPA number and call number, or contract number and/or task (delivery) order number, whichever is appropriate, on or adjacent to the exterior shipping label.

(End of clause)

DJD-12-R-0046 Page 9

SECTION E – INSPECTION AND ACCEPTANCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more 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 of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far

CLAUSE TITLE

52.246-2 Inspection of Supplies--Fixed Price (Aug 1996) 52.246-4 Inspection of Services--Fixed-Price (Aug 1996) 52.246-6 Inspection – Time and Material and Labor Hour (May 2001) 52.246-16 Responsibility for Supplies (Apr 1984)

CLAUSES BY FULL TEXT

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed at DEA Field Divisions and other Government facilities designated by the Task Monitor or his/her designated representative, in accordance with the Inspection of Services clause and any other clauses specified in this BOA. The Government reserves the right to conduct any tests it deems reasonably necessary to ensure that the supplies or services provided conform in all aspects to the BOA specifications. Services or supplies, which upon inspection are found not to be in conformance with BOA specifications, shall be promptly rejected and notice of such rejection, together with appropriate instructions for corrective action, will be provided to the BOA Holder by the Contracting Officer.

The Government will use its best efforts to inspect and accept/reject the supplies or services provided within 30 days following physical completion of the Delivery/Task order. Failure of the Government to inspect the supplies or services within the above timeframe shall not be construed as acceptance of such services. Payment for services provided shall not be considered as notification of acceptance.

http://www.acquisition.gov/far

DJD-12-R-0046 Page 10

SECTION F – DELIVERIES AND PERFORMANCE

This contract incorporates one or more 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 of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far

52.242-15 Stop-Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984) 52.247-34 F.O.B. Destination (Nov 1991)

CLAUSES BY FULL TEXT

F.1 DEA-2852.211-70: PERIOD OF PERFORMANCE (BASE AND OPTIONS) (MAY

2012)

(a) The period of performance of the Base Period of this contract begins on the date of award and ends twelve (12) months after award.

(b) Pursuant to clause 52.217-9, Option to Extend the Term of the Contract, in the event that the Contracting Officer exercises an option, the period of performance for each option period shall be as follows:

Option Period I: From the expiration of the Base Year through twelve (12) months after Option Period II: From the expiration of Option Period I through twelve (12) months after Option Period III: From the expiration of Option Period II through twelve (12) months after Option Period IV: From the expiration of Option Period III through twelve (12) months after

(c) The exercise of any options is subject to the availability of funding and the continuing needs of the Government.

(End of clause)

F.2 PLACE OF PERFORMANCE

As required, the BOA Holder shall provide the supplies/services in accordance with the Statement of Work and in accordance with the Delivery/Task order against this BOA.

(End of clause)

F.3 DELIVERABLES

The BOA Holder shall be responsible for any assistance that may be required when creating technical, administrative, and management deliverables as previously described in the tasks. The BOA Holder shall submit the work products associated to the deliverables outlined in the Deliverables Table (Exhibit J-3).

DJD-12-R-0046 Page 11

F.4 NOTICE TO GOVERNMENT OF DELAY

Whenever the BOA Holder has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of a Delivery/Task Order under this BOA, the BOA Holder shall within ten (10) days, give notice thereof, including all relevant information with respect thereto, to the COR.

DJD-12-R-0046 Page 12

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DEA-2852.211-71 SCHEDULED AND UNSCHEDULED CLOSURES OF

GOVERNMENT OFFICES (MAY 2012)

(a) The Contractor shall establish a holiday schedule that coincides with the Government’s schedule. In accordance with the Service Contract Act, the following is a list of Government holidays:

1. New Year’s Day

2. Martin Luther King, Jr. Day

3. President’s Day

4. Memorial Day

5. Independence Day

6. Labor Day

7. Columbus Day

8. Veteran’s Day

9. Thanksgiving Day

10. Christmas Day

(b) Government holidays are not billable unless work is actually requested by the Government and performed on those days. Work performed on holidays shall be billable (after approval by the COR) at the negotiated rate. Should a holiday fall on a weekend, the day designated by the Government shall be recognized as the holiday.

(c) There are certain types of irregularly occurring situations that may prompt the Government to close the offices where Contractor personnel are working, either on a national, state, local or site-specific basis. This closure may occur at any time before or during the work day. Examples of such situations include, but are not limited to: Presidential or agency-declared states of imminent danger (e.g., bomb threats); Presidential or agency-declared administrative leave (e.g., Christmas Eve, Inaugural Day); inclement weather (e.g., winter storms, flooding);

and infrastructure emergencies (e.g., frozen or burst water pipes, power outages), or local activity early dismissal. When such situations occur, the Contractor may bill the Government for only the actual hours worked up to the time of the official closing, unless work is specifically requested by the Government and performed on those days (after approval by the COR). Work performed on days when government offices are closed for unanticipated reasons shall be billable at the regular unit rate.

(d) The Contractor will not be reimbursed for Contractor employee attendance at DEA functions held during normal working hours, i.e., DEA fund raisers, picnics, etc.

[End of clause]

DJD-12-R-0046 Page 13

G.2 DEA-2852.242-70: CONTRACTOR PERFORMANCE ASSESSMENT (MAY

2012)

(a) Pursuant to FAR subpart 42.15, the Government will assess the Contractor’s performance under this contract. Performance assessment information may be used by the Government for decision-making on exercise of options, source selection, and other purposes, and will be made available to other federal agencies for similar purposes.

(b) Performance will be assessed in the following areas:

(1) Quality of product or service;

(2) Schedule;

(3) Cost control;

(4) Business relations;

(5) Management of key personnel; and

(6) Other appropriate areas.

(c) For contracts that include the clause at 52.219-9, Small Business Subcontracting Plan, performance assessments will consider performance against, and efforts to achieve, small business subcontracting goals set forth in the small business subcontracting plan.

(d) For any contract with a performance period exceeding 18 months, inclusive of all options, the Government will perform interim performance assessments annually and a final performance assessment upon completion of the contract.

(e) The Government will prepare contractor performance assessment reports electronically using the Contractor Performance Assessment Reporting System (CPARS), which is the approved feeder system for the Past Performance Information Retrieval System (PPIRS).

Additional information on CPARS may be found at www.cpars.gov and on PPIRS at www.ppirs.gov.

(f) The Contractor will be provided access to CPARS to review performance assessments.

The Contractor shall designate a CPARS point-of-contact for each contract subject to performance assessment reporting. Upon setup of a contract in CPARS, the Contractor’s CPARS point-of-contact will receive a system-generated e-mail with information and instructions for using CPARS. Prior to finalizing any Contractor performance assessment, the Contractor shall be given a minimum of 30 days to review the report and submit comments, rebutting statements, or additional information. Disagreements between the Contractor and the Government performance assessment official will be resolved by a Government Reviewing Official, whose decision on the matter will be final. Upon finalization of each performance assessment, CPARS will upload the performance assessment data to PPIRS.

(g) The Government will also report in the Federal Awardee Performance and Integrity Information System (FAPIIS) module of PPIRS information related to:

(1) A Contracting Officer’s final determination that a Contractor has submitted defective cost or pricing data;

(2) Any subsequent change to a final determination concerning defective cost or pricing data pursuant to 15.407-1(d);

(3) Any issuance of a final termination for default or cause notice; or http://www.cpars.gov/ http://www.ppirs.gov/

DJD-12-R-0046 Page 14

(4) Any subsequent withdrawal or a conversion of a termination for default to a termination for convenience.

(End of clause)

G.3 DEA-2852.242-71: INVOICE REQUIREMENTS (MAY 2012)

(a) The Contractor shall submit scanned or electronic images of invoice(s) to the following e-mail addresses:

(1) TBD

(2) TBD

(3) TBD

(b) The date of record for invoice receipt is established on the day of receipt of the e-mail if it arrives before the end of standard business hours (5 p.m. local), or the next business day if the invoice arrives outside of normal business hours. Scanned documents with original signatures in .pdf or other graphic formats attached to the e-mail are acceptable. Digital/electronic signatures and certificates cannot be processed by DEA and will be returned.

(c) In addition to the items specified in FAR 32.905(b), a proper invoice shall also include the following minimum additional information and/or attached documentation:

(1) Total/cumulative charges for the billing period for each Contract Line Item Number

(CLIN);

(2) Dates upon which items/services were delivered; and

(3) The Contractor’s Taxpayer Identification Number (TIN).

(d) Invoices will be rejected if they are illegible or otherwise unreadable, or if they do not contain the required information or signatures.

(End of clause)

G.4 DEA-2852.242-73: CONTRACTING OFFICER’S REPRESENTATIVE

(MAY 2012)

(a) Pursuant to FAR 1.602-2, the following individual has been designated as the Contracting Officer's Representative (COR) under this contract:

[name] TBD [organization] TBD [address] TBD [e-mail address and telephone number] TBD

(b) The COR has responsibility for performing contract administration, which includes, but is not limited to, the following duties: functioning as the technical liaison with the Contractor;

monitoring the Contractor’s performance and progress of the work; receiving, inspecting, and accepting all deliverables or services provided under the contract; and reviewing all invoices/vouchers submitted for payment.

DJD-12-R-0046 Page 15

(c) The COR does not have the authority to alter the Contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of clause)

G.5 DEA-2852.242-74 CONTRACT ADMINISTRATION POINTS OF CONTACT

(MAY 2012)

(a) The Contract Administration Office for this contract is:

U. S. Department of Justice Drug Enforcement Administration Office of Acquisition and Relocation Management (FA) 8701 Morrissette Drive Springfield, VA 22152

Contract Specialist/telephone #/email: Chuck Spencer, 202-353-1286, Vincent.c.spencer@usdoj.gov Contracting Officer/telephone #/email: Lisa Taylor, 202-307-7820, Lisa.Taylor2@usdoj.gov Contracting Officer’s Representative (COR): See DEA-2852.242-73

(b) Contract administration for the Contractor shall be performed by:

Name: TBD (End of clause)

G.6 TRAVEL REQUIREMENTS

During the performance of this requirement it will be necessary for designated BOA Holder personnel to travel to both Continental United States (CONUS) and Outside Continental United States (OCONUS) DEA locations as directed to carry out tasks within the scope of this SOW.

The duration and location of travel is dependent upon the project requirement. Travel will be on a cost reimbursement basis only.

Local travel on Delivery/Task Orders under this BOA will be governed by the Federal Travel Regulations (FTR), to include DOJ’s/DEA’s supplements to the FTR. Commuting expenses will not be reimbursed. Once travel has been completed the BOA Holder shall submit to the COR documentation supporting the travel costs. This documentation must be included in the monthly invoice submitted by the BOA Holder. The documentation shall include the following information: traveler's name, destination, Delivery/Task Order Line Item Number (CLIN) associated with the travel, and a breakdown of the actual travel costs.

For long distance travel, travel and per diem expenses shall be approved in advance, in writing by the COR and will be reimbursed to the extent allowable pursuant to the Joint Travel Regulations. Travel requests will list the traveler's name, destination, CLIN number associated

DJD-12-R-0046 Page 16 with the travel, Delivery/Task Order number, and a breakdown of the estimated travel costs.

Once travel has been completed the BOA Holder shall submit to the COR documentation supporting the travel costs. This documentation must be included in the monthly invoice submitted by the BOA Holder.

The BOA Holder will be reimbursed by the Government for actual travel and per diem expenses (based on official published per diem rates), including airfare, incurred in direct support of any Delivery/Task Order under this BOA for travel specifically authorized by the COR. The BOA Holder shall use only the minimum number of travelers and rental cars needed to accomplish the task(s). Travel shall be scheduled during normal duty hours whenever possible. Airfare will be reimbursed for actual common carrier fares which are obtained by the most reasonable and economical means. Reimbursement of per diem expenses shall not exceed the rates and expenses allowed by the Joint Travel Regulations to a Government employee traveling under identical circumstances.

DJD-12-R-0046 Page 17

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INITIATION OF ACTIVITIES

It is anticipated that this solicitation will result in several BOAs for T2S2 Collection Systems;

associated Annual Fleet Service, Support and Maintenance CLIN (AFSSMC), and associated supportive and interrelated equipment. In accordance with FAR 16.505(b), determining the procedures for providing awardees a fair opportunity for consideration, the Contracting Officer shall exercise broad discretion and may consider such factors as the ability to operate in a given area of region, ability to deliver, the quality of technology refreshments, the BOA Holder’s past performance, the quality of deliverables, price, or other factors that the Contracting Officer, in the exercise of sound business judgment, believes are relevant to the placement of Delivery/Task Orders. The Contracting Officer need not request written proposals or conduct discussions with multiple BOA Holders before issuing Delivery/Task Orders unless the Contracting Officer determines such actions to be in the best interest of the Government.

However, the following are basic guidelines for the determination for issuing Delivery/Task orders:

1. Delivery/Task Orders for new T2S2 Replacements or new T2S2 Installations (as defined in Section C.A.5.A of the SOW) will be competed among existing BOA holders.

2. Delivery/Task Orders for T2S2 Refreshments (Section C.A.5.B), T2S2 Upgrades (Section C.A.5.C), and T2S2 Expansions (Section C.A.5.D) where the existing proprietary BOA Holder software licensing remains in place, shall be awarded to the Original Equipment Manufacturer (OEM) and/or those companies that can prove compatibility with the system in place and that show good past performance on that compatibility.

(End of clause)

H.2 EVALUATION OF PROPOSALS FOR DELIVERY/TASK ORDERS

DEA will issue a solicitation for each competed Delivery/Task Order. The Government will evaluate the proposals submitted in response to the RFP for the DeliveryTask Order on the technical and cost/price factors listed below.

A. TECHNICAL EVALUATION FACTORS FOR DELIVERY/TASK ORDERS

The Government will evaluate the proposals for Delivery/Task Orders based on the Technical criteria listed below. The relative order of importance is as follows: Factor 1 is significantly more important than Factors 2, 3, 4, and 5 combined. Factor 2 is significantly more important than Factors 3, 4, and 5 individually. Factor 3 is significantly more important than Factors 4 and 5 individually. Factors 4 and 5 are of equal importance. All technical factors, when combined, are significantly more important than cost/price.

Factor 1. Support and Maintenance Plan: The government will evaluate the offeror’s maintenance plan. Specifically, the government will evaluate: (i) the offeror's

DJD-12-R-0046 Page 18 demonstration of understanding of the work to be performed, how the work is to be staffed and managed, resourcefulness, ingenuity and completeness; (ii) the offeror's proposed concepts, procedures, processes, steps in processes, and timelines to ensure adherence to the requirements; (iii) the offeror's operating procedures for assigning, recording, and reporting activities, tasks, and subtasks in a timely manner, and (iv) the offeror’s resources, such as physical facilities, equipment, significant "supply" items, subcontractors, and proposed management of essential other items or services required for successful performance of the requirement.

Factor 2. Installation Plan: The government will evaluate the offeror’s plan for installing the proposed system. Specifically, the government will evaluate: (i) The offeror's proposed processes/procedures planned to successfully meet required performance requirements; (ii) Work breakdown structure; (iii) Planned timing for key milestones; and (iv) The offeror's overall approach to a "seamless" transition of current operations from the incumbent contractor.

Factor 3. Continuing Development Plan: The government will evaluate the Offeror’s plan for conducting continuing development of its system. Specifically, the government will evaluate: (i) the offeror's demonstration of understanding of the work to be performed, how the work is to be staffed and managed, resourcefulness, ingenuity and completeness; (ii) the offeror's proposed concepts, procedures, processes, steps in processes, and timelines to ensure adherence to the requirements; (iii) the offeror's operating procedures for assigning, recording, and reporting activities, tasks, and subtasks in a timely manner, and (iv) the offeror’s resources, such as physical facilities, equipment, significant "supply" items, subcontractors, and proposed management of essential other items or services required for successful performance of the requirement.

Factor 4 Training Plan: The government will evaluate the offeror’s plan for conducting training. Specifically, the government will evaluate: (i) the offeror’s description of the training courses and how they will be communicated; (ii) how the Offeror will ensure that information provided is accurate and consistent; (iii) the offeror's plan for providing refresher type training and state of the art delivery (after the initial offering); (iv) the offeror's long range training plan; and (v) the offeror's innovative and effective approach(es) to training, and whether such approach(es) will result in timely fulfillment of requirements.

Factor 5. Past Performance: The quality of the offeror's past performance will be evaluated based on comparison of Past Performance Questionnaires with information the Government obtains through reference checks, its own knowledge/experience, and/or from other sources (e.g. contracting offices, CPARS, PPIRS). The past performance evaluation will assess the offeror's record of how well the offeror did on work for government and private sector clients. This evaluation will include assessments of the offeror's resilience in the face of trouble, resourcefulness, and management determination to see that the organization lived up to commitments or standards in the performance of the work. The government will evaluate the degree to which the offeror supplies examples of accomplishments to indicate an ability to implement proposed methods and

DJD-12-R-0046 Page 19 solve problems. The government reserves the right to conduct telephone interviews to validate information provided in the past performance questionnaires and to obtain additional information from other internal and external sources, if known. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be rated favorably or unfavorably on past performance.

(End of clause)

B. COST/PRICE EVALUATION FOR DELIVERY/TASK ORDERS

The Government will evaluate cost/price based on the proposed prices for the Delivery/Task Order using proposal analysis techniques prescribed by FAR 15.4 to include, but not limited to, consideration of price reasonableness, cost realism analysis, and balanced pricing. Based on the evaluation of technical factors, past performance and cost/price, the Government will determine the best value overall to the Government.

Technical considerations are significantly more important than cost/price. Award may not be based on the lowest priced or technically superior offer but shall be made based on best overall value to the Government. Cost/price will be evaluated separately from technical factors to assess its reasonableness. Cost/price will also be used as an aid in determining the offeror's understanding of the technical requirements of the Delivery/Task order.

(End of clause)

H.3 ORDERING DATA

Any supplies/services to be furnished under this BOA shall be ordered by the issuance of Delivery/Task Orders by the individuals or activities designated herein. Such orders may be issued from the date of BOA award through BOA expiration, including any option periods which may be exercised by the Government.

a. Date of Order;

b. Basic Ordering Agreement number and Delivery/Task Order number;

c. CLIN, description, quantity and price;

d. Appropriation and Accounting Data

e. Delivery schedule;

f. Place of delivery

g. Packaging, packing and shipping instructions (if applicable);

h. Any other information deemed to be pertinent.

Individuals authorized to issue Delivery/Task Orders, and the limits of their purchase authority are shown below:

Contracting Officer.

The BOA Holder is hereby notified to honor only written Delivery/Task Orders signed by the Government authorized Contracting Officer.

Each Delivery/Task Order shall be signed by the BOA Holder.

DJD-12-R-0046 Page 20

When mailed, a Delivery/Task Order shall be considered to be issued for the purpose of this BOA at the time the Government deposits the order in the mail, or, if transmitted by other means, when physically delivered to the BOA Holder. The BOA Holder shall not start work on any Delivery/Task Order(s) without receiving a signed Delivery/Task Order or authorized verbally (Confirming Order) to begin work by the Contracting Officer (exclusively).

Deliverable Items: All reports, as required elsewhere in this BOA (or required in a Delivery/Task Order), must be submitted electronically to the Government in the DEA’s current word processing package. All reports are to be delivered to the Contracting Officer’s Representative and shall include the BOA Number and the Delivery/Task Order Number.

Additional reports may be requested as authorized in a fully executed Delivery/Task Order.

(End of clause)

H.4 FORMAT FOR OFFERS FOR DELIVERY/TASK ORDERS

A. All offers provided to the government shall specify validity until the expiration date of the current base or option year of the BOA. However, this will not preclude the generation of a replacement offer in the event alternative pricing or quote structures to the advantage of the government become available.

B. When providing offers to the government for any purchase of a core system, or a purchase which represents an expansion, upgrade, and/or refreshment of a previously purchased core system, the BOA Holder shall include all the following items, when applicable, in a detailed and specific offer so as to comprehensively account for all costs of the purchase to the government:

1. All applicable hardware components composing the system to be purchased, including but not limited to, core site racks, servers, evidence production components (such as jukeboxes and/or drives/burners), workstations, monitors, network printers, wiring and cables and other necessary internal connectors, switches, patch panels, UPS, miscellaneous hardware, etc., unless specifically requested to be omitted from the quote by the government;

2. All engineering services expected to be rendered by the BOA Holder throughout the manufacturing process until the final installation;

3. All software, programming and licensing necessary to the full functionality of the system to be purchased, unless specifically requested to be omitted from the quote by the government;

4. When applicable, all required training for federal agency field personnel, including a Basic System Administrator Training Course and approximately five (5) blocks of daily Basic User Training Courses, unless specifically requested to be omitted from the quote or otherwise adjusted by the government;

5. Any miscellaneous charges to the government;

DJD-12-R-0046 Page 21

6. And the cost of the Annual Fleet Service, Support and Maintenance CLIN for each of the three years following the first year, unless the government specifies a longer period. (The SOW elsewhere specifies that the first year of the Annual Fleet Service, Support and Maintenance CLIN for each new major core site or for new/additional software licenses or hardware added to an existing site shall be provided to the government without additional charge commencing immediately after satisfactory completion of installation.)

7. Any particular product or service does not necessarily have to appear as a separate line item in an offer, so long as the cost is reflected in the offer presented to the government.

C. The BOA Holder shall exercise due diligence in assuring the requested offer comprehensively and accurately reflects all reasonable and customary costs to the government for full installation and/or completion within the parameters of the equipment, functions, features, and/or services sought.

D. The BOA Holder shall include with any applicable offer all appropriate diagrams and supporting documentation relating to equipment mapping, configuration, and footprint, wiring connections, and rack configuration which shall match the delivered product.

(End of clause)

H.5 PROCEDURES FOR POST-AWARD ACTIONS

A. After receiving a Delivery/Task Order or other form of award issued pursuant to this

BOA, unless otherwise fully or partially waived by the government, the BOA Holder shall adhere to the scheduling procedures of this subsection as applicable to the particular Delivery/Task Order or other form of award, particularly in those cases requiring BOA Holder installation at a government site. All time periods described in this subsection refer to consecutive, continuous time periods uninterrupted by non-business hours or non-business days, unless otherwise specifically noted. Thus, for example, “thirty (30) days” will refer to thirty (30) consecutive, continuous calendar days uninterrupted by either weekends or holidays. Under the terms of this BOA, the government is not responsible for extending any additional time requested by the BOA Holder to ensure performance of work, although the government may choose to do so solely at its discretion if it so determines that to do so is in the government’s interest. Denial of any such requests on the part of the government does not in any way change, remove, or lessen any of the BOA Holder’s responsibilities or obligations under this BOA.

B. The scheduling procedures shall be initiated for commencement of work upon the government’s notice to proceed, referred to throughout this subsection as the Work Commencement Notification. The COR and/or his designee(s) will provide the Work Commencement Notification to the BOA Holder in a written format which can include e-mail. The BOA Holder shall acknowledge the reception of the Work Commencement Notification to the COR and/or his designee(s) within 2 business days in a written format which can include e-mail. Upon reception of the Work Commencement Notification and

DJD-12-R-0046 Page 22 not before, the BOA Holder shall be authorized to begin all reasonable and appropriate activities necessary to comply with the scheduling procedures of this subsection as applicable to the particular Delivery/Task Order or other form of award. The scheduling procedures’ controlling date shall be the date of reception of the Work Commencement Notification by the BOA Holder and not by the BOA Holder’s acknowledgement thereof.

C. The BOA Holder shall participate in a minimum once-a-week conference call with the COR and/or his designee(s) for purposes of planning the forthcoming delivery and/or installation. The time and day of this call shall be scheduled for the convenience of the government. The BOA Holder shall be available and present to participate in any other coordination required to ensure a successful delivery and/or installation of their product.

D. The BOA Holder shall provide the COR and/or his designee(s) with all pertinent information concerning the site infrastructure requirements of hosting their product. This information shall include the information specified in Subsection C.B.1.E. All information shall be provided to the COR and/or his designee(s) at DEA/ST and the involved DEA field site/TOG within five business days of the issuance of the Work Commencement Notification.

E. Within 30 days after issuance of a Delivery/Task Order or other form of award, the BOA Holder shall schedule an onsite survey of the involved DEA field site in coordination with the COR and/or his designee(s) at DEA/ST and the DEA field site/TOG, unless scheduled later by request/agreement of the government. The dates and duration of a site survey (typically three to four consecutive business days) shall be scheduled to the convenience of the government.

F. Before shipment of the BOA Holder’s product to the DEA field site, the BOA Holder shall afford the COR and/or his designee(s) the opportunity to conduct a Factory Acceptance Test (FAT) of the product at a facility of the BOA Holder located within the continental United States, i.e. within the contiguous forty-eight states, unless scheduled elsewhere at the convenience of the government. The FAT shall be scheduled so as to conclude no later than two weeks prior to commencement of product installation so as to provide adequate time for the shipment of the product by the BOA Holder, unless scheduled later by request/agreement of the government. The FAT shall strive to verify all functionality of the system to the extent practical in a laboratory/production environment. The BOA Holder shall be responsible for providing all infrastructure prerequisites necessary to the reception of live test data and content from test phones and/or internet accounts for the FAT, which shall include, but not be limited to, telecommunications delivery lines (PRI lines, analog lines, high-speed business class internet connection, etc., as applicable), patch panels, internal site telecommunications cabling, and all applicable hardware (modems, switches, routers, etc.). Live data and content shall be collected from test telephones and/or internet accounts and/or specialized test generation/simulation equipment, all provided, managed, and controlled by the DEA, unless otherwise agreed to by the government. Any failure of the product to perform as minimally mandated in this SOW or as specified under the particular Delivery/Task Order or other form of award during the FAT shall constitute sufficient grounds for the

DJD-12-R-0046 Page 23 government to order delay of shipment of the product with the BOA Holder assuming responsibility for any resulting costs. In such case, another FAT shall be scheduled once the BOA Holder has corrected the detected deficiencies in the product. The scheduling of all required FATs shall be at the convenience of the government.

G. In the case of persisting FAT failures by the product, the BOA Holder will be granted a period of thirty (30) days from the date of the initial FAT to bring the system to a state of minimal compliance with this SOW or as specified under the particular Delivery/Task Order or other form of award. If after thirty (30) days, the BOA Holder has failed to achieve such minimal compliance, the government will have the option to cancel delivery of the product with the BOA Holder assuming responsibility for all incurred costs.

H. After the product has successfully completed the FAT, but before shipment of the BOA Holder’s product to the DEA field site, the BOA Holder shall afford the COR and/or his designee(s) the opportunity to assign DEA inventory control numbers and bar code stickers to the sub-components of the system. The scheduling of all required inventory procedures shall be at the convenience of the government.

I. Delivery of the product to the DEA field site, unless scheduled differently by request/agreement of the government for the convenience of the government, shall occur during the week before scheduled commencement of installation and no later than the morning of the last normal business day of that week, unless rescheduled for the convenience of the government. If applicable, all sub-components shall be separately shipped to the designated individual office sites directly from the BOA Holder, unless otherwise directed by the government.

J. Installation of the product in the DEA field site shall be scheduled to occur no later than ninety (90) days after award, unless scheduled differently by request/agreement of the government. Product installation shall be completed as follows:

1. Within a maximum of fifteen business days after initiation of installation in the case of major installations (such as in the case of the replacement and/or refreshment of an entire T2S2 Collection system throughout an entire field division);

2. Within a maximum of ten business days after initiation of installation in the case of medium-level installations (such as in the case of a significant and complex software upgrade, for example the removal and replacement of the current operating system and major software baseline);

3. Within a maximum of five business days after initiation of installation in the case of average-level installations (such as in the case of the replacement of a critical system core sub-component, for example the system database);

4. Within a maximum of two business days after initiation of installation in the case of low-level installations (such as in the case of the replacement of a group of non-critical sub-components, for example the replacement of a group of workstations).

K. After completion of an installation, before acceptance/reception of the product is granted by the government, the BOA Holder shall afford the COR and/or his designee(s) the

DJD-12-R-0046 Page 24…