DJJ-17-G-APG-0024.pdf

DJJ-17-G-APG-0024

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

05/25/2017

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PSS/ACQUISITION PROGRAMS GROUP

145 N STREET, NE

SUITE 8E.300

U.S. DEPARTMENT OF JUSTICE

WASHINGTON DC 20530

Department of Justice

JMD/OCIO/SDS

145 N Street, NE

2CON

Attn: Raycela A. Simms

Washington

DC 20530

202 307-1969Fred Musser

06/07/2017 1600 ES

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The purpose of this Request for Quotes(RFQ) is to solicit firm fixed price quotes for the assessment, certification and recertification of the OCIO's Service Management System as discussed in the Statement of Work. It is the Government’s intent to award without further clarifications however the Government may open clarifications if deemed necessary by the contracting officer.

0001 Services as described in the attached statement 1 EA of work for the base period.

0002 Services as described in the attached statement 1 EA of work for option year 1.

(Option Line Item) Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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DJJ-17-G-APG-0024

09/29/2017

0003 Services as described in the attached statement 1 EA of work for option year 2.

(Option Line Item)

09/29/2018

0004 Services as described in the attached statement 1 EA of work for option year 3.

(Option Line Item)

09/30/2019

52.217-9 -- Option to Extend the Term of the

Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 Day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 1 day before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

COM 1.1

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Items.

CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(JUL 2013)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The

Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

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or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31

U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to the

Contract Disputes Act of 1978, as amended (41

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any

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excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

(ix) Taxpayer Identification Number (TIN). The

Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

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

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

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

Award Management, or 52.232-34, Payment by

Electronic Funds Transfer—Other Than System for

Award Management), or applicable agency procedures.

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

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and

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Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

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

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

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

(3) Electronic Funds Transfer (EFT). If the

Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

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(6) Interest.

(i) All amounts that become payable by the

Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes

Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

(l) Termination for the Government’s convenience.

The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the

Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the

Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the

Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any

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amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

Government takes physical possession.

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with

31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards

Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986;

41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly

American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized

Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a

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solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete.

Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible

Contracting Officer a minimum of one business day’s written notification of its intention to

(A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12;

and (C) agree in writing to the timeline and procedures specified by the responsible

Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the

Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of

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this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims

(see Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the

SAM database. Information provided to the

Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License

Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency

Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the

Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism

(e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any

Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of clause)

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COM 1.2

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

ITEMS (SEPT 2013)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons

(Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.

7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31

U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of

Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X_ (1) 52.203-6, Restrictions on Subcontractor

Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 253g and 10

U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business

Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (June 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

X_ (4) 52.204-10, Reporting Executive

Compensation and First-Tier Subcontract Awards

(Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and

Reinvestment Act—Reporting Requirements (Jul

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2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s

Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment.

(Aug 2013) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available

Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with

Inverted Domestic Corporations (May 2012)

(section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or

Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation

Preference for HUBZone Small Business Concerns

(JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

__ (11) [Reserved]

__ (12)(i) 52.219-6, Notice of Total Small

Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small

Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (14) 52.219-8, Utilization of Small Business

Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and

(3)).

__ (15)(i) 52.219-9, Small Business

Subcontracting Plan (Jul 2013) (15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders

(Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting

(Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated

Damages—Subcon-tracting Plan (Jan 1999) (15

U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation

Adjustment for Small Disadvantaged Business

Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business

Participation Program—Disadvantaged Status and

Reporting (Jul 2013) (Pub. L. 103-355, section

7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business

Participation Program— Incentive Subcontracting

(Oct 2000) (Pub. L. 103-355, section 7102, and 10

U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled

Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657 f).

__ (23) 52.219-28, Post Award Small Business

Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for

Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C.

637(m)).

__ (25) 52.219-30, Notice of Set-Aside for

Women-Owned Small Business (WOSB) Concerns

Eligible Under the WOSB Program (Jul 2013) (15

U.S.C. 637(m)).

X_ (26) 52.222-3, Convict Labor (June 2003) (E.O.

11755).

X_ (27) 52.222-19, Child Labor—Cooperation with

Authorities and Remedies (Mar 2012) (E.O. 13126).

X_ (28) 52.222-21, Prohibition of Segregated

Facilities (Feb 1999).

X_ (29) 52.222-26, Equal Opportunity (Mar 2007)

(E.O. 11246).

__ (30) 52.222-35, Equal Opportunity for Veterans

(Sep 2010)(38 U.S.C. 4212).

X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__ (32) 52.222-37, Employment Reports on Veterans

(SEP 2010) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee

Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility

Verification (JUL 2012). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of

Recovered Material Content for EPA–Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

(Not applicable to the acquisition of commercially available off-the-shelf items.)

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__ (ii) Alternate I (May 2008) of 52.223-9 (42

U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-15, Energy Efficiency in

Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the

Environmental Assessment of Personal Computer

Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

X_ (38) 52.223-18, Encouraging Contractor

Policies to Ban Text Messaging While Driving (AUG

2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb

2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade

Agreements—Israeli Trade Act (Nov 2012) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C.

2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (SEPT 2013)

(19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_ (42) 52.225-13, Restrictions on Certain

Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the

Department of the Treasury).

__ (43) 52.225-26, Contractors Performing Private

Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National

Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

__ (44) 52.226-4, Notice of Disaster or Emergency

Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.226-5, Restrictions on Subcontracting

Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

__ (46) 52.232-29, Terms for Financing of

Purchases of Commercial Items (Feb 2002) (41

U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (47) 52.232-30, Installment Payments for

Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10

U.S.C. 2307(f)).

X_ (48) 52.232-33, Payment by Electronic Funds

Transfer—System for Award Management (Jul 2013)

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(31 U.S.C. 3332).

__ (49) 52.232-34, Payment by Electronic Funds

Transfer—Other than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

__ (50) 52.232-36, Payment by Third Party (Jul

2013) (31 U.S.C. 3332).

__ (51) 52.239-1, Privacy or Security Safeguards

(Aug 1996) (5 U.S.C. 552a).

__ (52)(i) 52.247-64, Preference for Privately

Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965

(Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and

41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and

Service Contract Act—Price Adjustment (Multiple

Year and Option Contracts) (Sep 2009) (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and

Service Contract Act—Price Adjustment (Sep 2009)

(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain

Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.222-17, Nondisplacement of Qualified

Workers (JAN 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L.

110-247).

__ (9) 52.237-11, Accepting and Dispensing of $1

Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record.

The Contractor shall comply with the provisions of this paragraph (d) if this contract was

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awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and

Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title

VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business

Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract

(except subcontracts to small business concerns)

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exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified

Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007)

(E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans

(Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights

Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965

(Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons

(Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.

7104(g)).

(x) 52.222-51, Exemption from Application of the

Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain

Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the

Service Contract Act to Contracts for Certain

Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility

Verification (JUL 2012).

(xiii) 52.225-26, Contractors Performing Private

Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National

Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to

Nonprofit Organizations (Mar 2009) (Pub. L.

110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately Owned

U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of

FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items

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a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Statement of Work

ISO 20000 Certification -

DOJ JMD OCIO 20000 Certification

UNITED STATES DEPARTMENT OF JUSTICE, JMD

SERVICE DELIVERY STAFF

24 May 2017

A. Mission Statement and Background

The Department of Justice (DOJ), Justice Management Division (JMD), Office of the CIO (OCIO) is an information-intensive organization. Consequently, OCIO’s dependence on information technology (IT), information systems, electronic communications, and digital media continues to grow rapidly and is essential to the mission of DOJ, program accomplishment, and service delivery.

The International Standards Organization (ISO) promotes globally recognized standards for various entities, including IT services. ISO/IEC 20000-1:2011 is an IT Service Management System (SMS) standard. It specifies requirements for the service provider to plan, establish, implement, operate, monitor, review, maintain and improve an SMS. The requirements include the design, transition, delivery and improvement of services to fulfill agreed service requirements. ISO/IEC 20000-1:2011 provides a framework that helps establish an integrated approach to identify interlinked processes. Having an integrated approach among service management processes offers greater control, efficiency and provides continual improvement.

As a result, service providers are able to deliver managed services to clients and meet business requirements. ISO/IEC 20000-1:2011 provides IT service management processes that optimize services delivered within agreed resources levels and which best meet customer needs. The goals include:

• Ensure the fulfillment of service requirements agreed upon with service consumers

• All service providers use a consistent approach

• Service provider organizations demonstrate their capability and consistency in the design, development, transition, and delivery of services

• Service provider organizations require continuous service improvement

• Monitor, evaluate and review service management processes and services delivered by service providers

• Auditors conduct audits against the requirements given in ISO/IEC 20000-1:2011

The OCIO is seeking ISO 20000-1:2011 certification to ensure the highest level of support services for the OCIO’s customers, who are DOJ employees, private industry, citizens, federal agencies, foreign governments, state, local and tribal organizations, and non-government organizations. They require and expect exceptional services, ranging from mechanisms that enable real-time reporting of important alerts, to data storage, enterprise collaboration tools, and case management services that support criminal justice around the globe. The OCIO needs to evolve and enable innovative ways for DOJ components to share information and services.

Critical to our success is a strong foundation of governance practices that promote transparency and efficiency

B. Objectives

Acquire services for assessment, certification, and recertification of the OCIO’s Service Management System (SMS) and to achieve certification and be registered as an ISO 20000- 1:2011 certified organization.

C. Scope of Work

The Contractor, also referred to as the certification body or the registrar in this SOW, will provide assessment, certification, and recertification of the OCIO’s SMS, which covers the OCIO’s service management processes and OCIO offered services. These services include application services, cyber security, data center, enterprise services, and infrastructure services and are delivered and managed from two locations (2CON, Washington, DC and Rockville, MD).

The OCIO’s outsource providers include phone companies, cloud providers, and other Federal data centers. The OCIO serves DOJ employees, private industry and citizens, other federal agencies, foreign governments, state, local and tribal organizations, and non-government organizations. The registration Information is ISO/IEC 20000-1:2011 (IT Service Management) and there are no exclusions from the standard. The total number of people working in the OCIO is 628 (218 government employees and 410 contractors). Approximately 619 work on first shift, five (5) people work on second shift, and four (4) people work on third shift. The legal and regulatory information to be used for this project will be dictated by the Federal Acquisition Regulation (FAR).

Technical Requirements:

The Contractor must be accredited by ANAB, the ANSI-ASQ National Accreditation Board in the USA, or the UKAS, The United Kingdom Accreditation Service, to provide assessment and registration services for the OCIO’s ISO 20000-1:2011 certification. The Contractor’s proposal must include all of the service elements that ISO deems necessary to grant registration and certification to ISO 20000-1:2011.

Services shall be performed within the specified performance period(s) for locations at 2CON (Washington, DC) and JDC-W (Rockville, MD) and will include performing the following:

Start up: In general, the task start-up period is a time for the contractor to acquire qualified auditors, obtain the needed clearances, and provide the necessary plans to lead to success.

Kick-Off Meeting.

Within five (5) business days following award of contract, the contractor shall hold a kick-off meeting, as mutually agreed with the Government Task Manager (GTM), also called the Management Representative. The purpose of the meeting is to ensure a complete understanding and agreement of the requirements by both the Government and the Contractor. Items to be covered in the meeting shall include, as a minimum:

• Introduction of key Contractor and Government personnel performing work under the various tasks in this contract.

• The Contractor shall demonstrate confirmation of their understanding of the work to be accomplished under this contract.

• The Government will validate Government Furnished Equipment (GFE) and Government Furnished Information (GFI) to be provided by the DOJ and/or outgoing contractor(s).

Security Clearances.

If required, security applications for all key personnel and other staff shall be submitted within five (5) business days of contract award.

Registration Audit and Surveillance Audits: The registration audit is the initial audit that makes a certification determination. Once approved, the certificate is valid for three years. The government reserves the right to cancel at any time, and only pay for what is used. After successful registration audit, the registrar returns every year for surveillance audits to validate maintenance of the SMS in accordance with the standard. Costs are typically dependent on the number of audit days required for the registration audit, number of people, number of locations, and travel costs for the auditors, administration fees, and accreditation fees.

Application fees shall be waived. There are two stages for the initial registration audit.

Stage One Assessment - The Contractor shall audit the OCIO’s Service Management System, SMS, using assessors appointed for this purpose. The Stage One assessment will be aimed at establishing OCIO’s readiness for the Stage Two audit by completing a document review and evaluating the level of implementation of the OCIO’s SMS. The Stage One assessment/audit will start within three months after contract award date or an agreed upon date with the government.

Stage Two Assessment – The Contractor shall assess the OCIO’s conformance with the ISO/IEC 20000-1:2011 requirements using assessors appointed for this purpose. The OCIO has the right to raise an objection to the composition of the audit team. The Stage Two assessment will occur within 4 weeks of the completion of the Stage One assessment, assuming there are no major nonconformities.

The OCIO will provide access to those parts of the organization, premises and supporting documents covered by the proposed scope of registration, with the exception of classified documents. The OCIO will provide office accommodations for the duration of all assessments/audits. The OCIO Management Representative (or designee) will be present, or available, throughout all assessments/audits and attend the opening and closing meetings. The OCIO will have completed SMS internal audits and management reviews prior to the Stage One audit.

Certificate of Registration: Following acceptance of recommendation for registration, the registrar will forward a Certificate of Registration detailing the OCIO’s scope of registration, the date of registration, validity period and the certificate number. The certificate shall incorporate the appropriate accreditation mark. During the currency of its registration, the DOJ OCIO shall be entitled to advertise that fact and to use the registration or certification mark(s) as appropriate.

Periodic Surveillance/Special Visits/Short Notice Audits: The first surveillance visit shall take place within 12 months after the last day of the Stage Two assessment/audit. The second surveillance visit shall take place within 12 months after the last day of the first surveillance assessment/audit. Subsequent surveillance visits can be undertaken on an annual basis. All annual assessments shall be performed on-site at the OCIO’s facilities.

OCIO Complaints Against the Registrar: The registrar will maintain a documented process for receiving, evaluating, and making decisions on the OCIO’s complaints. The complaints process shall include methods for recording, tracking, validating, investigating, and deciding what actions should be taken in response to the issue. The registrar shall acknowledge receipt of complaints and provide feedback to the complainant on progress and the final outcome.

Appeals: The OCIO may make representation to the Independent Certification Board (ICB) against any decision of the registrar to refuse to grant or withdraw registration.

Registrar Selection Criteria: The Contractor (1) shall be accredited by the ANSI-ASQ National Accreditation Board (ANAB) or the United Kingdom Accreditation Service (UKAS); (2) must follow ISO/IEC 17021:2006, which are the ISO conformity standards used while conducting the assessment and certification; (3) must have IT experience; (4) must have the potential to also certify DOJ in ISO 27000; and (5) must use auditors having the appropriate Standard Industrial Classification (SIC) code for assessing ISO/IEC 20000-1:2011.

Other Requirements: Prior to the audit, the Contractor will (1) present or provide access to all interpretations of the standard; (2) provide the OCIO with their assessment checklist, to allow the OCIO to conduct a self-assessment; (3) describe how major and minor non-conformances are determined; (4) provide the OCIO information on the areas of the standard in which they find the majority of non-conformances across industry and government; (5) provide bios of the lead and other auditors, i.e. education, experience, companies audited, and references; (6) describe their methodology to change auditors, when needed; (7) provide written examples of observations and non-conformances; and (8) allow the OCIO to approve the auditors that will be assessing the OCIO’s SMS.

D. DELIVERABLES

The contractor must prepare written deliverables using a reporting medium agreed to by the Government Task Manager (GTM). All reports must be delivered to the GTM in digital formats, unless requested otherwise.

The Contractor shall be responsible for, but are not limited to, the deliverables listed below.

The Contractor shall provide these deliverables to the GTM. Upon receipt and review, the GTM will provide feedback on necessary modifications or acceptance.

The Government may add or remove deliverables from this list as requirements and reporting needs change. All deliverables shall be provided in Microsoft Word, Excel, PowerPoint, Microsoft Project, or Visio, unless otherwise specified by the GTM.

The Contractor shall provide assessment/audit and registration services for ISO/IEC 20000- 1:2011 certification as follows:

The first year will include:

• System Assessments – Includes on-site Stage One and Stage Two assessments/audits to review and evaluate system documents and processes to determine if the OCIO’s SMS is sufficiently developed and ready for certification to include all findings and action plans.

•…