BPA_Request_for_Quote_eRecording.pdf

DJJ-17-R-EOA02-0168

SECTION 1

1.0 AGENCY MISSION

The Executive Office for United States Attorneys (EOUSA) was created on April 6, 1953, by AG Order No. 8- 53 to provide for close liaison between the Department of Justice (DOJ) in Washington, D.C., and the 93 United States Attorneys located throughout the 50 states, the District of Columbia, Guam, the Marianas Islands, Puerto Rico, and the U. S. Virgin Islands.

1.1 INTRODUCTION

The Executive Office for United States Attorneys (EOUSA) is issuing this Request for Quote (RFQ) to solicit for the purpose of entering into a Blanket Purchase Agreement (BPA). The BPA is anticipated to consist of one Base Year and four Option Years. The Government anticipates award of individual Calls for Assets Forfeiture and Financial Litigation Unit as a result of this BPA. Calls issued against the BPA will originate from the United States Attorneys District Offices and will have a Statement of Work (SOW) that identifies the work required.

It is the stated preference of the Federal Acquisition Regulation (FAR) for multiple award BPAs (FAR 8.405- 3(3)(i)). The Government reserves the right to make more than one award as a result of this competition. If more than one BPA is awarded as a result of this solicitation, each awardee will be provided fair opportunity for each order/call exceeding $3,500.00.

1.2 CONTRACT LINE ITEMS(CLINS)

Note: There are two separate pricing CLIN tables due the significant usage variance between Asset Forfeiture and Financial Litigation Unit.

ASSET FORFEITURE (AF)

Base Year

CLIN DESCRIPTION Qty Unit Price Extended Price

00001 License Systems and Support ea

00002 Document Submission fee up to 5,000 submissions per document

00003 Document Submission fee above 5,000 submissions

00004 Annual renewal of a current license system and support ea

00005 Individual court filing fees will be paid by the Government

NA NA NA

Total Firm Fixed Priced Amount:

Option Year 1

CLIN DESCRIPTION Qty Unit Price Extended Price

10001 License Systems and Support ea

10002 Document Submission fee up to 5,000 submissions

10003 Document Submission fee above 5,000

10004 Annual renewal of a current license ea

10005 Individual court filing fees will be paid by the Government

Option Year 2

CLIN DESCRIPTION Qty Unit Price Extended Price

20001 License Systems and Support ea

20002 Document Submission fee up to 5,000 submissions

20003 Document Submission fee above 5,000

20004 Annual renewal of a current license ea

20005 Individual court filing fees will be paid by the Government

Option Year 3

Price

30001 License Systems and Support ea

30002 Document Submission fee up to 5,000 submissions

30003 Document Submission fee above 5,000

30004 Annual renewal of a current license ea

30005 Individual court filing fees will be paid by the Government

Option Year 4

Price

40001 License Systems and Support ea

40002 Document Submission fee up to 5,000 submissions

40003 Document Submission fee above 5,000

40004 Annual renewal of a current license ea

40005 Individual court filing fees will be paid by the Government

FINANCIAL LITIGATION UNIT(FLU)

Base Year

CLIN DESCRIPTION Qty Unit Price Extended Price

00001 License Systems and Support ea

00002 Document Submission fee up to 200,000 submissions

00003 Document Submission fee above 200,000 submissions

00004 Annual renewal of a current license ea

00005 Individual court filing fees will be paid by the Government

Option Year 1

Price

10001 License Systems and Support ea

10002 Document Submission fee up to 200,000 submissions

10003 Document Submission fee above

10004 Annual renewal of a current license ea

10005 Individual court filing fees will be paid by the Government

Option Year 2

Price

20001 License Systems and Support ea

20002 Document Submission fee up to 200,000 submissions

20003 Document Submission fee above

20004 Annual renewal of a current license ea

20005 Individual court filing fees will be paid by the Government

Option Year 3

CLIN DESCRIPTION Qty Unit Price Extended Price

30001 License Systems and Support ea

30002 Document Submission fee up to 200,000 submissions

30003 Document Submission fee above

30004 Annual renewal of a current license ea

30005 Individual court filing fees will be paid by the Government

Option Year 4

Price

40001 License Systems and Support ea

40002 Document Submission fee up to 200,000 submissions

40003 Document Submission fee above

40004 Annual renewal of a current license ea

40005 Individual court filing fees will be paid by the Government

This effort shall be accomplished in accordance with Section 2, Statement of Work.

SECTION 2

STATEMENT OF WORK

2.0 BACKGROUND

The Executive Office for U.S. Attorneys (EOUSA), Office of Legal and Victim Programs, Asset Recovery Staff (ARS), has a requirement to procure electronic recording (e-recording) services for the 93 U.S. Attorneys’ Offices (USAOs) throughout the United States. Approximately 650 users across the USAO Asset Forfeiture (AF) and Financial Litigation (FLU) Units will utilize this service in federal cases to electronically record liens and lis pendens with states or local jurisdictions to perfect the Government’s interest in real property assets.

All liens and lis pendens are recorded in a state county recorder’s office or other applicable state or county government office where the subject property is located. Fees required to record a lien or lis pendens vary from county to county (i.e. $10- over $100). EOUSA has secured funding to pay the cost for the recording fee and the contractor’s fee for electronic recording of liens and lis pendens on behalf of the AFs and FLUs.

2.1 PURPOSE

The Asset Forfeiture Units are responsible for enforcing civil and criminal forfeiture prosecutions related to seized property derived from the proceeds of or used to facilitate federal crimes. The United States Attorneys Manual (USAM) provides that whenever required by the nature of the case, the attorney assigned to the case shall assure that the agency files or records a notice of the pendency of the action or lis pendens among the proper local records, except in those jurisdictions where the law is settled that the commencement of the action is notice to all persons affected (USAM 5-7.520). Each year the 93 USAO AFs record approximately 5,000 lis pendens.

The Financial Litigation Units are responsible for enforcing and collecting criminal and civil debts owed to the United States and some criminal debts owed to non-government victims of federal crime. The USAM provides that liens must be recorded in all cases involving civil judgment debts (USAM 3-10.200), criminal fines and federal restitution over $2,500, and all non-federal restitution debts (USAM 3-12.340). The lien is recorded to protect the interest of the United States and attaches to all property and rights to property.

The FLU is not limited to recording a lien only in the federal judicial district where the FLU resides, but is able to record a lien in any federal judicial district, state, or territory of the United States. Each year the 93 USAO FLUs record approximately 200,000 liens.

2.2 SCOPE

The Contractor shall independently provide support services to satisfy the overall operational objectives of the EOUSA and the 93 USAOs throughout the United States by electronically recording (e-recording) a lien or lis pendens in county or other state/local offices. An estimated 5,000 lis pendens and 200,000 liens may be recorded annually by the 93 USAOs.

2.3 TASKS / REQUIREMENTS

The Contractor shall provide an e-recording service for the 93 USAOs. These services encompass providing:

2.3.1. The AF or FLU users access through a secure Internet website to both upload the lien or lis pendens and follow-up on the lien or lis pendens recording status. The e-recording shall be made directly with the state or local county recorder’s office, which should take no more than a few minutes to a few hours to process. Once the lien or lis pendens is transmitted to the county recorder’s office or other applicable state or county government office, a notification shall be sent to the AF or FLU user providing the status of the e-recording; for example, sent, received, filed (including the file number), or rejected. The Contractor shall maintain a copy of the recorded lien or lis pendens information.

2.3.2. A current list to the Contracting Officer’s Representative(s) (COR) of states and counties in which the Contractor is authorized to record electronic liens and lis pendens. Continue to add more counties as they become available. Once additional counties are available for e-recording, the Contractor shall notify the COR(s).

2.3.3. Assign a separate login identification (ID) and password for approximately 650 users in the 93

USAOs throughout the United States. Login IDs must contain a symbol or letter to differentiate AF and FLU users. Each AF and FLU will assign a District Administrator to serve as the primary point-of-contact for the district. A list of District Administrators will be provided by the COR(s) to the Contractor upon award. After the initial creation of user accounts by the Contractor, the District Administrator for each AF and FLU unit within the USAO will assist with new user accounts and password resets in their respective districts. District Administrators will also assist with monthly invoice receipt and processing as well as adding additional counties as newly available.

2.3.4. e-Recording services under an Application Service Provider (ASP) or Software-as-a-Service (SaaS) model designed to receive data, e-record with recording jurisdiction, manage payments from jurisdictions, and return data and recorded images to designated systems through system integration. The e-recording services should not require specialized hardware or software. The e-recording services should be accessible by any Windows personal computer with a broadband connection through a modern Internet browser, i.e., Microsoft Internet Explorer or Google Chrome.

The Contractor shall efficiently integrate with all recoding jurisdiction software systems. The documents shall be encrypted and sent securely to the jurisdictions.

2.3.5. An easy-to-use, user interface of standard services for the creation, submission, fee transmission, administration and e-recording of all property documents provided by the AF and FLU users.

The interface should, at a minimum, display the following data fields and any other data appropriate to receive, submit, and track an electronically recorded document: Federal District, County, Package Name, Court Number, uploaded document filenames and type (lien or lis pendens), Grantors, Grantees, Execution Date, any state Exemption Reasons, Number of Assignments, Number of Releases, indication that document is recordable, and the estimated fees.

Additional features shall include the ability to download, print, submit and discard uploaded documents.

2.3.6. Proactive support services, including training and education, consultation, deployment, a customer-service help desk that is available to all users in all time zones, including Puerto Rico, the Virgin Islands, Alaska, Hawaii, and Guam, and other support services as needed.

• The Contractor shall provide the Government with a link to register for training sessions. The training should cover all aspects of e-recording to include logging into the e-recording system, navigating various menus, adding a county, creating and submitting a package, adding and submitting documents, printing documents, fixing and resubmitting a rejected package, finding previously recorded documents, account management utility, adding new user accounts, password length and character requirements, and changing passwords.

• A customer-service help desk to assist in answering questions by the individual users within each USAO AF and FLU. The help desk shall accommodate all time zones including Puerto Rico, the Virgin Islands, Alaska, Hawaii, and Guam.

2.3.7. Real-time status tracking and reporting of the recorded document. The Contractor shall provide document recording notifications to each AF or FLU user indicating that the lien or lis pendens was sent, received, filed (including the file number), or rejected.

2.3.8. Reporting services that allow USAO districts to determine the number and type of e-recordings during a certain period, i.e., monthly, quarterly, annually. Reports should include the County, Package Name, Court Number, Document Type, number of pages recorded, Entry Number, Recording Date and Time, Bank Date and Time, Detailed Description and Cost of any fees.

2.3.9. On-line services for electronic lien or lis pendens recording to the USAO AF and FLU districts. Once additional counties are available for e-recording, the Contractor shall notify the COR(s).

2.4 PERSONNEL AUTHORIZED ACCESS

The Contractor shall provide authorized access enabling the USAO AF and FLU to submit the lien and lis pendens for e-recording. Approximately 650 users including authorized District

Administrators will require access to the e-recording system. Upon contract award, the COR will provide a list of the District Administrators and individual users’ contact information (telephone number and email address). The COR will provide updates or changes to authorized District Administrators.

2.5 TRAINING OF USAO AF AND FLU USERS

The Contractor shall provide on-line or telephonic instructions and training on how to use the e-recording lien and lis pendens service. In addition, the Contractor shall provide a customer-service telephone number to assist in answering questions by the individual users within each USAO AF and FLU. All training needs to accommodate all time zones including Puerto Rico, the Virgin Islands, Alaska, Hawaii, and Guam.

2.4 DELIVERABLES

Deliverables, and expected due dates for each deliverable, shall be provided on each Request for Quote/Statement of Work, prior to the issuance of a Call. Deliverables will be task order specific.

DESCRIPTION Delivery To: DATE 1 Listing of all District Administrators Contractor 30 days after award 2 Usage Reports (see section 2.3.8) District Administrators 10 business day of every month 3 eRecording Training (see Section 2.3.6 and

2.5) All AF and FLU Users Within 30 days of award/ongoing 4 Customer Service Support/Help Desk(see

2.3.6) All AF and FLU Users ongoing

2.5 INSPECTION AND ACCEPTANCE

Final inspection and acceptance of work performed, reports, and other deliverables will be performed by the United States Attorneys District Offices and the COR.

SECTION 3

GENERAL TERMS AND CONDITIONS

3.0 TYPE OF AWARD

The type of contract is a Blanket Purchase Agreement.

3.1 FUNDING

The BPA obligates no funding. Funding will be provided on each individual Call/Task Orders issued under the BPA.

3. 2 PLACE OF PERFORMANCE

The Contractor will provide services to the 93 USAOs throughout the United States, including Puerto Rico, the Virgin Islands, Alaska, Hawaii, and Guam.

3.3 DAYS/HOURS OF PERFORMANCE

The Contractor shall provide services to the 93 USAOs throughout the United States, including Puerto Rico, the Virgin Islands, Alaska, Hawaii, and Guam, Monday through Friday, from 6:00 AM through 9:00 PM across all time zones.

3.3 PERIOD OF PERFORMANCE

Base Year October 1, 2017 through September 30, 2018 Option Year 1 October 1, 2018 through September 30, 2019 Option Year 2 October 1, 2019 through September 30, 2020 Option Year 3 October 1, 2020 through September 30, 2021 Option Year 4 October 1, 2021 through September 30, 2022

3.4 GOVERNMENT HOLIDAYS

The following Government holidays are normally observed by Government personnel: New Years’ Day, Martin Luther King’s Birthday, Presidential Inauguration Day (Metropolitan DC area only), Presidents’ Day , Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any other day designated by Federal Statute, Executive Order, and/or Presidential Proclamation, or any other kind of administrative leave resulting from such as acts of God (i.e., hurricanes, snow storms, tornadoes, etc.). In addition, the Government may close for other unexpected events (i.e., Presidential funerals or any other unanticipated occurrence).

3.5 INVOICING

Invoices shall be submitted to the United States Attorneys District Offices(see Attachment 3), after product/service is delivered and accepted by the Government. To constitute a proper invoice, the invoice must include information and/or attached documentation in accordance with FAR 32.905(b) and must include the contract number on the invoice or supporting documentation.

To constitute a proper invoice, each invoice submitted shall include the following information and/or attached documentation:

Name and address of the contractor Invoice date and invoice number Contract number (DJJ-X-17-XXXX) and BPA CALL number (CALL-XX-XX) Description, price, and quantity of services/supplies actually rendered/delivered Delivery dates, period of performance covered by the invoice Payment terms Name, title, phone number and email/mailing address of contact person to be notified in the event of a defective invoice.

3.5.1 INVOICING INSTRUCTIONS

For accounting purposes, separate invoices are required for USAO AF and FLU transactions. The Contractor shall submit individual billing summaries to each USAO AF and FLU in an original form on the 10th of every month. Invoices may be submitted electronically or by mail. Payment for actual work and services rendered under this contract will be made on a monthly basis by Electronic Funds Transfer (EFT). The Government reserves the right to make payments to the Contractor via EFT in accordance with FAR clause 52.232-34. The Contractor shall be required to complete the EFT Enrollment Form upon award and acceptance of this contract.

3.6 CONTRACT ADMINISTRATION

Notwithstanding the Contractor’s responsibility for total management during the performance of this effort, the administration of the contract shall require maximum coordination between the EOUSA and the Contractor.

3.7 CONTRACTING OFFICER (CO)

Communications pertaining to contract administration matters shall be addressed to the CO. No changes in or deviations from this contract are authorized unless directed in writing by the CO.

The CO is the only person authorized to make or approve any changes in any of the requirements of the contract and notwithstanding any provisions contained elsewhere in this contract. The said authority remains solely with the CO. The CO is authorized to appoint a Contract Specialist to perform administrative contracting functions for this contract. If the Contractor makes any changes at the direction of any person other than the CO, the change shall be considered to have been made without the authority of the CO and no adjustment shall be made in the contract price to cover any increase in costs incurred as a result thereof. The CO is also responsible for making the final decisions on matters under dispute, unsatisfactory conformance, as well as contract terminations for convenience or default.

Terri Long-Miller is hereby designated as the CO. The CO may be changed at any time by the Government without prior notice to the Contractor, but notification of the change, including the name and address of the successor CO, shall be promptly provided to the Contractor in writing.

Name: Terri Long-Miller Title: Contracting Specialist Location: Executive Office for United States Attorneys 600 E Street, N.W.

Washington, DC 20530 Phone: 202-252-5429 Email: terri.long-miller@usdoj.gov

3.7.1 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

JAR 2852-201-70 Contracting Officer’s Representative (COR) (EOUSA Modified March, 2014)

TBD, is hereby designated to act as the Contracting Officer’s Representative under this contract.

The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of the contract; providing direction to the contractor which clarifies the contract effort; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

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, the Contracting Officer shall issue such changes.

3.8 CORRESPONDENCE

To promote timely and effective administration, correspondence shall be subject to the following procedures:

(a) Technical correspondence (where technical issues relating to compliance with the requirements herein) shall be addressed to the COR, with an information copy to the CO.

(b) All other correspondence shall be addressed to the CO with an information copy to the COR.

mailto:terri.long-miller@usdoj.gov

3.9 SECTION 508

Section 508 of Rehabilitation Act of 1973 (29 U.S.C. 794d) requires access to and use of information by individuals with disabilities. A deliverable such as electronic reports (ex: PDF files) to be placed on the web (either on the agency’s web server of the company’s), video footage, or other electronic data such as CD- ROMs to be distributed, are subject to Section 508 guidelines. Simplified, this means that PDF files need to be formatted so that they are "readable" by assistive technology devices such as screen readers. Video footage must be closed captioned. CD-ROMs which contain HTML, PDF, or word processor files must be accessible.

3.10 AUTHORITY TO OBLIGATE THE GOVERNMENT

The CO is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the contract or task orders can be incurred before receipt of a fully executed contract or task order or specific authorization from the CO.

3.11 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The CO may exercise the option by written notice to the Contractor within 15 calendar days.

3.12 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days of expiration; provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

If the Government exercises the option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

3.13 ORDERING PROCEDURES

The Contractor shall provide the services described in the Statement of Work after issuance of a BPA Call/Task Order that is executed in writing by an authorized EOUSA Contracting Officer (CO). Costs not attributed to a specific Call/Task Order will not be allowed without prior written consent of an authorized

CO.

3.14 AVAILABILITY OF CLAUSES

In accordance with FAR 52.252-2(FEB 1998), this award incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The Contractor shall comply with these clauses unless the circumstances do not apply. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/far/

3.15 PROVISIONS AND/OR CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-7 Anti-Kickback Procedures (May 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-7 System for Award Management (Oct 2016) 52.204-13 System for Award Management Maintenance (Oct 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.212.4 Contract Terms and Conditions–Commercial Items (Jan 2017) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-4 Applicable Law For Breach Of Contract Claim (Oct 2004) 52.242-13 Bankruptcy (Jul 1995)

3.15.1 CLAUSES INCORPORATED BY FULL TEXT

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

Commercial Items. (Jan 2017)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(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:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (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.

X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (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.)

___ (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.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (62) (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:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226- 6.

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

(End of Clause)

SECTION 4

QUOTATION PREPARATION INSTRUCTIONS

4.1 Quotation Preparation Instructions

The Executive Office for United States Attorneys is issuing this Request for Quote to solicit for the purpose of entering into a Blanket Purchase Agreement for eRecording services described herein. The Government reserves the right to award more than one BPA as a result of this solicitation.

Questions related to the solicitation must be emailed to Terri Long-Miller, no later than July 10, 2017, at 12:00 P.M. Eastern Time. Please note that any request for clarification of the information contained in the RFQ that results in specific information necessary to submit quotes will be provided to all prospective offerors in writing via an amendment to the solicitation.

This Request for Quote requires the submission of a technical quote and a price quote. The technical portion must be a separate volume from the price portion and shall be submitted in one (1) original, and two (2) copies of each, in accordance with the instructions specified below.

The submission must be delivered to the address listed below, Methods of Quotation Delivery, of this RFQ.

The following information must be submitted in order to be considered for award:

1. Signed Standard Form (SF) 18, (Page 1, Block 14);

2. Provide pricing

3. Submit a written technical quote (no page limit), which includes a detailed description of the offeror’s technical capability and approach;

The failure to submit any of the information requested in this Request for Quote may lead to the rejection of your quotation without further consideration.

4.2 Topics to be Covered in the Technical Quote

4.2.1 Technical Capability & Approach:

Offerors shall provide a technical quote that includes:

(1) Discussion of the Tasks/Requirements of the statement of work as understood by the offeror, and a description of its technical capability to perform the work.

(2) Discussion of the method/approach for completing each task;

4.2.2 Past Experience/Past Performance

The offerors must submit a minimum of two (2) and a maximum of three (3) past experience / past performance references of similar work, scope and cost. The reference must include the following: the agency name, point of contact, and current telephone and email address.

The offerors must complete Attachment 5 entitled “Past Experience/Performance Reference Information”.

This form should be completed with information on two/three to five contracts/Task Orders that are the same or similar in nature, scope and cost to the work required under this RFQ and were performed during the last four years for Government agencies or private companies. Provide references to no less than two and no more than three projects worked on within the last four years that EOUSA can contact to verify experience in providing similar services to other customers in accordance with Section 5.3.2.

4.3 Topics Covered in the Business/Price Quote

4.3.1 General Requirements:

The Business/Price Quote shall be a separate volume from the technical submission. This document will contain pricing information, point of contact information, DUNS number (if applicable), GSA Schedule number, and Tax Identification Number.

4.4 Assumptions, Conditions, or Exceptions

Offeror must submit, as part of its Business/Price Quote, all (if any) assumptions, conditions, or exceptions with any of the contractual, technical, and/or price terms and conditions of this Request for Quote. If not noted in this section of your quote, it will be assumed that the offeror proposes no assumptions for award, and agrees to comply with all of the terms and conditions as set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the offeror’s submission.

4.5 Questions Due Date

Questions must be submitted via email to terri.long-miller@usdoj.gov no later than 12:00pm(EST), July 10, 2017. Please be sure to reference the RFQ No. in the subject line.

4.6 Quotation Due Date & Time

Quotations submitted in response to this Request for Quote shall be received by the due date and time established herein. Quotations shall be received no later than July 17, 2017, at 12:00 P.M., in order to be considered for award. Any submissions received after the date and time specified herein will NOT be considered for award.

mailto:terri.long-miller@usdoj.gov

SECTION 5

EVALUATION OF QUOTATIONS

5.1 General Instructions

Quotations shall be prepared in accordance with and comply with the instructions contained in Section 4 of this RFQ. The technical submission will be evaluated separately from the price quotation. Each submission will be evaluated against the evaluation factors listed below.

5.2 Basis for Award

Award(s) shall be made to the responsible offeror(s) whose offer, in conforming to this Request for Quotation, provides an overall best value to the Government, technical evaluation factors, and price considered. The Government’s objective is to obtain the highest technical quality considered necessary to meet the Government’s requirement, with a realistic and reasonable cost. Technical and other evaluation factors are substantially more important than price.

It is the Federal Acquisition Regulation’s (FAR) stated preference for the award of multiple BPAs (FAR 8.405- 3(3)(i)). The Government reserves the right to make more than one award as a result of this competition.

The Government reserves the right not to make an award as a result of this competition if, in the opinion of the Government, none of the offers would provide satisfactory performance at a price that is considered fair and reasonable and/or economically feasible.

5.3. Evaluation Factors

5.3.1. Technical Capability and Approach

The Offeror will be evaluated on their ability to demonstrate technical sufficiency in their proposed technical approach to perform and support the requirements of this SOW. This section of the Contractor’s quote shall address information regarding how the proposed technical support task area(s) identified in Section 2 – Statement of Work will be performed, the various resources that will be used to facilitate performance.

5.3.2. Past Experience / Past Performance

The EOUSA may utilize other sources to evaluate past performance/past experience in addition to the references provided by the Offeror. The EOUSA will evaluate the breadth and depth of the offeror’s past experience and the degree to which the offeror’s past performance was positive taking into consideration the offeror’s technical effectiveness, timeliness of performance, and management effectiveness.

The Offeror will be evaluated based on their past performance and experience. The offeror shall submit a minimum of two (2) and a maximum of three (3) past experience / past performance references of similar work and scope. Evaluation will be based on the relevancy of recent efforts accomplished by the offeror. Other information that may be obtained, including how well the offeror cooperated with the client, the quality and timeliness of work delivered, and if costs were properly controlled (if applicable) will also be evaluated. Past performance information will also be accessed by the Government from available online databases, including sources such as the Past Performance Information Retrieval System (PPIRS); Federal Awardee Performance and Integrity Information System (FAPIIS); as well as any other source for past performance information available to the Contracting Officer.

5.4. Price

(1) The Government will evaluate the quoted prices for reasonableness. An evaluation of each offeror’s price quotation will be made to determine if it is reasonable for the work to be performed,…