DOJ-UST-15-0043.pdf

PDF 337 KB Posted Sep 23, 2015

Attached to: Automated Invoice Solution
Solicitation number: DJJ-UST-15-0043
Issued by: Department of Justice Offices Boards and Divisions Executive Office for US Trustees

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

EOUST/ASD

SUITE 6150

441 G Street NW

ADMINISTRATIVE SERVICES DIVISION

EXECUTIVE OFFICE FOR U.S. TRUSTEES

EOUST CODE 16. ADMINISTERED BYCODE

511210

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OREOUST

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/18/2015 1400 ES

09/11/2015

(202) 616-1023Keron White (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

DOJ-UST-15-0043

5. SOLICITATION NUMBER

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

1 38 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20530

TELEPHONE NO.

17a. CONTRACTOR/

Washington DC 20530 Room 6150 441 G Street NW Executive Office for US Trustees U.S. Department of Justice

15. DELIVER TO

WASHINGTON DC 20530

Suite 6150 441 G Street NW

ADMINISTRATIVE SERVICES DIVISION

EXECUTIVE OFFICE FOR U.S. TRUSTEES

9. ISSUED BY

2. CONTRACT NO.

EFFECTIVE DATE

$35.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

U.S. DEPARTMENT OF JUSTICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 Invoice Automation SharePoint Based Solution 1 EA Product/Software

0002 Invoice Scanning with OCR Module 1 EA

0003 Configuration, Workflow, Implementation & Training 1 LO

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Keron White

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0004 Annual Maintenance - Base Year 1 YR

0005 OPTION Annual Maintenance - Year 2 1 YR

(Option Line Item)

09/30/2016

0006 OPTION Annual Maintenance - Year 3 1 YR

(Option Line Item)

09/30/2017

0007 OPTION Annual Maintenance - Year 4 1 YR

(Option Line Item)

09/30/2018

0008 OPTION Annual Maintenance - Year 5 1 YR

(Option Line Item)

09/30/2019

0009 OPTION Purchase Requisition Software 1 LO

(Option Line Item)

09/30/2019

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

38 2 of

Performance Work Statement (PWS)

1 Introduction

The USTP receives a preponderance of their vendor invoices on paper. These invoices are manually entered and processed using agency-specific financial systems, processes, and data definitions. Within this environment, the absence of common agency-wide invoicing standards makes it difficult for vendors to bill USTP uniformly and for USTP to process invoices in a timely manner. The Department of Justice intends to move an enterprise wide Unified Financial Management System (UFMS) and Financial Management Service (FMS) Internet Payment Platform (IPP) – Treasury’s electronic invoicing solution available to Federal agencies unfortunately USTP is at the tail end of the implementation.

A short term solution required to meet the immediate needs of the agency. To address this need an electronic invoicing and payment processing (share point based) is proposed for agency to procure. The solution shall utilized Microsoft SharePoint which provides the masses of out-of-the-box functionality, enabling the organization to quickly create internal intranets and/or external facing partner portals to accomplish the task at reasonable price. In addition to this standard functionality, it also serves as a platform to develop and deploy custom content and functionality. Upon submission, the SharePoint workflow engine manages the review process for the rapid approval and real-time invoice transaction creation

1.1 Mission

The mission of the United States Trustee Program is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders – debtors, creditors, and the public.

2 General Requirements This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.

2.1 Non-Personal Services

The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (CO) or the Contracting Officer’s Representative (COR) immediately.

2.2 Business Relations

The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

2.3 Contract Administration and Management

The following subsections specify requirements for contract, management, and personnel administration.

2.3.1 Contract Management

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to performance of the contract. The contractor must maintain continuity between the support operations at various locations within the USTP and the contractor's corporate offices.

2.3.2 Contract Administration

The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for contractual actions in a timely fashion. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support contracts or task orders. The contractor shall assign work effort and maintaining proper and accurate time keeping records of personnel assigned to work on the requirement.

2.3.3 Personnel Administration

The contractor shall provide the following management and support as required.

The contractor shall provide for employees during designated Government non-work days or other periods where Government offices are closed due to weather or security conditions. The contractor shall maintain the currency of their employees by providing initial and refresher training as required to meet the PWS requirements. The contractor shall make necessary travel arrangements for employees. The contractor shall provide necessary infrastructure to support contract tasks.

The contractor shall provide administrative support to employees in a timely fashion (time keeping, leave processing, pay, emergency needs).

2.4 Subcontract Management

The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations.

2.5 Period of Performance

The base period of performance is expected to be 12 months beginning on September 28, 2015 through September 30, 2016. All work must be scheduled to complete within this timeframe. Any modifications or extensions will be requested through USTP contracting officer for review and discussion.

2.6 Contractor Personnel, Disciplines, and Specialties

The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources.

2.7 Location and Hours of Work

Accomplishment of the results contained in this PWS requires work at both the contractor facilities and Executive Office for US Trustee Program in Washington DC.

Normal USTP workdays are Monday through Friday except US Federal Holidays.

USTP employees typically work eight (8) hours per day, 40 hours per week. Flextime workers start not earlier than 7:00 AM and not later than 9:00 AM. Core hours of work are from 9:00 AM to 3:00 PM daily.

The Contractor shall be responsible for establishing their work hours under this contract, except when access to a Federal facility is required, in which case the Government may limit the contractors access based availability of USTP employees. However, contractor employees in possession of a valid HPDS-12 PIV-II Compliant Credential (e.g., LincPass) can work unaccompanied at government locations upon Government approval. See Section 4.1 for additional information.

Weather and security closures by their nature usually arise without advance notice.

As such, the Government will notify the contractor as soon as possible once any closures have been announced

2.8 Invoicing

Invoices shall be submitted each month for the previous months work. Invoices must be submitted electronically by email to COR for contract.

In addition to the information required by FAR 32.905(b) each invoice must contain a breakdown of the total amount. The remaining non-travel amount must be broken down into the individual labor category and rate identified in this contract and the quantity of hours expended. No other amounts shall be listed on an invoice.

Invoices shall be submitted each month, as work proceeds and in accordance with paragraph (i) of clause 52.212-4, Alternate I. The contractor shall submit with each invoice the information included in Section (1)(ii)(D)(4)(ii) of paragraph (i) of Clause 52.212-4, Alternate I.

Supporting documentation shall be submitted to the Contracting Officer.

Upon completion of the contract a final invoice and release of claims shall be submitted to the Contracting Officer as required by paragraph (i) of Clause 52.212-4, Alternate I.

2.9 Government Quality Assurance

The Government reserves the right to review all work products required under the contract for acceptability as needed. The Government shall notify the contractor whenever revisions to reports/deliverables are required in order for the deliverables to be deemed acceptable.

3 Performance Requirements

A short term solution required to meet the immediate needs of the agency. To address this need an electronic invoicing and payment processing (Share Point Based) is proposed for agency to procure. The solution shall utilized Microsoft SharePoint which provides the masses of out-of-the-box functionality, enabling the organization to quickly create internal intranets and/or external facing partner portals to accomplish the task at reasonable price. In addition to this standard functionality, it also serves as a platform to develop and deploy custom content and functionality. Upon submission, the SharePoint workflow engine manages the review process for the rapid approval and real-time invoice transaction creation

Accounts Payable Invoice Automation process (Key Features) Invoice Creation Vendor and Client Secure log-in with X associated profiles and rights Vendor creates payment request and submits invoices

Create invoice and distribute to GL accounts

Manager review, approval and rejection of submitted invoice

Audit trails and status of approval process

Invoice creation by copying existing ones

Integrate with SharePoint OCR products

Content Management Reports available as content within SharePoint lists

Attachments stored in SharePoint document library

Workflow Task and Email Notification using SharePoint

Full leverage of SharePoint workflow and native Outlook integration

Design workflows in Visio, SharePoint Designer or other workflow development application

Administration Assign Invoice Creator, Approver and Administrator using SharePoint's native integration with Active Directory

Deploy as a standard SharePoint solution

Pricing One-time licensing fee without per server or user costs

One-time Annual Hosting Fee X

Performance Elements Performance Standards/Acceptable Quality Levels

3.1 The Contractor shall conduct analysis

a) Compliant with federal law and applicable regulations 100%/ 100% of the time.

b) Accurate 90%/ 100% of the time.

c) Complete 100%/ 100% of the time.

d) Timely100% / 100% of the time.

3.1 The Contractor shall design, code, software

implementation and testing of electronic invoicing solution

a) Compliant with federal law and applicable regulations 100%/100%

b) Complete 100%/ 100% of the time.

c) Accurate 99%/ 100% of the time.

d) Secure and data integrity (recovery) 100%/100% of the time.

e) Availability (i.e. non-downtime) 98%/100% of the time.

3.1 The Contractor shall conduct software

acceptance and delivery of electronic invoicing solution.

a) Compliant with federal law and applicable regulations 100%/100%

b) Complete 100%/ 100% of the time.

c) Accurate 99%/ 100% of the time.

d) Secure and data integrity (recovery) 98%/100% of the time.

e) Availability (i.e. non-downtime) 98%/100% of the time.

3.1 The Contractor shall assist USTP staff in upload

of data and reporting for the electronic invoicing solution.

a) Accurate 99%/ 100% of the time.

b) Complete 100%/ 100% of the time.

c) Timely / 100% of the time.

3.1 The Contractor shall assist USTP to create

training materials and delivers training on new business processes in order to facilitate organizational change. The training should be sufficient enough to allow USTP to provide it’s own training for future use of the Tool. The provided technical specification, training, exercise and support documentation shall remain with USTP for future editing and distribution.

a) Accurate 95%/ 100% of the time.

b) Complete 100%/ 100% of the time.

c) Timely 95%/ 100% of the time.

KICKOFF 10 DAYS AFTER

AWARD

Contractors will create and present detailed project plan including schedule, training plan, and transition plan to meet performance objectives and milestones.

Contractor will present project plan to USTP for review and approval

Contractor subject matter expert(s) and staffing for USTP management

PROJECT HANDOFF/CLOSURE TBD

Contractor will provide USTP with all documentation in accordance with the performance objectives

Contractor will present project closure report to USTP for review and approval for all invoices and outstanding payments.

Contractor will complete a project requirements checklist showing that all project tasks have been completed

3.1Acceptance Criteria For the Share Point site, acceptance of all deliverables will reside with an agency designated official. This designee will maintain a small team of advisors in order to ensure the completeness of each stage of the project and that the scope of work has been met. Once a project phase is completed and the vendor provides their report/presentation for review and approval, the designee will either sign off on the approval for the next phase to begin, or reply to the vendor, in writing, advising what tasks must still be accomplished. Once all project tasks have been completed, the project will enter the handoff/closure stage. During this stage of the project, the vendor will provide their project closure report and project task checklist to USTP.

The acceptance of this documentation by the USTP designee will acknowledge acceptance of all project deliverables and that the vendor has met all assigned tasks.

Any discrepancies involving completion of project tasks or disagreement between USTP and the chosen vendor will be referred to both organizations’ contracting offices for review and discussion.

4 Special Requirements This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort.

4.1 Security and Safety

FAR Subpart 4.13, Personal Identification Verification of Contractor Personnel, establishes the policy and use requirements for FAR Clause 52.204.9, Personal Identification Verification of Contractor Personnel, which is hereby incorporated into this order by reference. It requires contractor compliance with Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

This policy applies to contractor employees who require routine access to federally controlled facilities and information systems. All such contractor employees must have been successfully identity proofed (FBI fingerprint check), and have a successfully adjudicated National Agency Check with (Written) Inquiries (NACI) or Office of Personnel Management (OPM)/National Security (NS) community background investigation to serve on the contract. DOJ agencies may grant access to DOJ information systems after successful adjudication of the FBI fingerprint check. Completion and successful adjudication of the final NACI results or OPM/NS BI are still required to continue work under this contract. If the fingerprint or background investigation result is unsatisfactory the contractor employee shall be removed from the contract immediately and replaced immediately. Unless a contractor employee already has successfully completed these requirements and the investigation is current, the employee will be required to complete an online version of the SF-85, Questionnaire for Non-sensitive Position, two FD-258, Fingerprint Charts (can be provided by the USTP if the law enforcement agency does not have them), and other required forms. Contractor employees’ fingerprints shall be taken to a Federal, State, municipal, or local law enforcement agency.

The contractor is responsible for any cost of obtaining the fingerprints. The Government is responsible for the cost of the FBI finger print check and background investigation. The USTP does not have any control over the timeliness of the background check or that it will be completed within the performance period of this contract, but it is estimated to be completed approximately 30 calendar days once the contractor provides all of the required documentation and the USTP submits it to the Office of Personnel Management (OPM). Fingerprint check results are estimated to be received within 10 calendar days once the contractor provides all of the required documentation and the USTP submits it to the OPM

Upon award of the contract, and once the USTP has provided the contractor with the required documentation and instructions, the contractor must complete and submit the required documentation promptly.

4.2 Government Furnished Property

The Government will make available the following:

1. Access to Government information systems, upon successful completion of the security requirements listed in Section 4.1.

4.3 Restrictions against Disclosure

The contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis.

The contractor agrees to immediately notify the Contracting Officer, in writing, in the event that the contractor determines or has reason to suspect a breach of this requirement.

The contractor agrees not to disclose any information concerning work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

4.4 Key Personnel (May 2015)

The key personnel specified in the contractor’s proposal and/or contract is considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall provide complete resumes for proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 days after receipt of all required information of the consent on substitutes.

No change in fixed unit prices may occur as a result of key personnel substitution.

The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

INSTRUCTIONS TO OFFER:

The Technical and Price quotes shall be submitted in two separate volumes, so the evaluation of each part may be conducted independently. Quotes shall be submitted electronically as specified in the QUOTE SUBMISSION INSTRUCTIONS.

The technical quote shall use the specific format below. These directions assist in providing a fair and equitable evaluation of all quotes. The Government may determine those quotes not following the directions as unacceptable and may reject such quotes from further consideration.

• 8.5 by 11 inch paper

• 12 pitch print or larger, Times New Roman style font

• 1 inch margins – top, bottom, left and right

• All pages single spaced

• Every page sequentially numbered; and

• Page numbers shall be centered in the bottom margin.

BASIS FOR CONTRACT AWARD: This acquisition will utilize Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2, as supplemented. This is a competitive LPTA best value source selection in which technical acceptability is considered the most important factor.

By submission of its offer, the Offeror accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. All technically acceptable offerors, with satisfactory past performance, shall be treated equally except for their prices. Failure to meet a requirement may result in an offer being determined technically unacceptable.

Offerors must clearly identify any exception to the solicitation and conditions and provide complete accompanying rationale.

This acquisition will utilize Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2, as supplemented. This is a competitive LPTA best value source selection in which technical acceptability is considered the most important factor. By submission of its offer, the Offeror accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. All technically acceptable offerors, with satisfactory past performance, shall be treated equally except for their prices. Failure to meet a requirement may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation and conditions and provide complete accompanying rationale.

The Government intends to select ONE contractor for award of this effort.

For the purpose of award, the government shall evaluate offers based on the evaluation factors described below:

FACTOR 1 Technical Acceptability (Pass/Fail)

FACTOR 2 Satisfactory Past Performance (Pass/Fail)

FACTOR 3 Cost/Price

Factor 1 - Technical Acceptability:

Bidders must be qualified according to SOW, product features described there in.

Factor 2 – Satisfactory Past Performance:

Have satisfactory past performance. Offerors shall not submit past performance information unless required as part of the response to Factor 3 – Price Evaluation. The government may seek relevant performance information on all responsive and otherwise Technically Acceptable Offerors through sources such as DCMA offices, CPARS or PPRS or other government data bases and other sources that are available. The government shall not be limited in its search for performance data. The offeror shall not submit performance data for this factor. When performance is evaluated, the outcome is either satisfactory or unsatisfactory. Unsatisfactory performance will disqualify an offeror from award.

Factor 3 - Price Evaluation.

The government shall conduct a price evaluation of all technically acceptable offers with satisfactory past performance including any option prices if applicable.

b. Rejection of Unrealistic Offers:

The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price when compared to Government estimates, or are unbalanced, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

c. Source Selection Decision:

The government shall select the source based upon a best value evaluation of the offeror’s technical acceptability, satisfactory past performance and price. The government shall choose the lowest realistically priced, responsive, with satisfactory performance, and technically acceptable offer for award.

Section 1 - DOJ Order Provisions

1.1 Clauses

41 NOTICE OF CONTRACTOR PERSONNEL SECURITY CLEARANCE

REQUIREMENTS

Where performance under this contract/task or delivery order/call requires contractor personnel to have access to Department of Justice (DOJ) information, systems or facilities, contractor personnel will be subject to the background clearance requirements of Homeland Security Presidential Directive (HSPD)-12, OMB Guidance Memorandum M-05-24, FIPS Publication 201 and DOJ policy implementing HSPD-12 requirements.

Background clearance requirements are determined by the risk level of each position, type of access and length of access required. Further information on background security clearance requirements applicable to contractor personnel proposed for performance on this contract/order/call may be obtained from the Contracting Officer.

All contractor personnel must meet the DOJ Residency Requirements. He/She must have lived in the United States three of the last five years immediately prior to start of performance on this contract/order/call, and/or worked for the United States overseas in a federal or military capacity, and/or be a dependent of a federal or military employee serving overseas. Specific limited waiver request requirements - contractor personnel performing duties for a cumulative total of 14 days or less where there is a critical need for their specialized and unique skills (as solely determined by the Government) may be proposed for a waiver of the Residency Requirement by the contractor. Contractor personnel who are non-US citizens proposed for such a waiver of the Residency Requirement must be from a country allied with the United States (Since the countries on the Allied Countries List are subject to change, the contractor may review the following website for current information:

http://www.opm.gov/employ/html/Citizen.htm

For contracts/orders/calls where access to DOJ information systems is involved, non-US citizens are not permitted to have access to or assist in the development, operation, management or maintenance of any DOJ IT system, unless a waiver is granted by the head of the Component, with concurrence of the Department Security Officer (DSO) and DOJ Chief Information Officer (CIO). Any such waiver must be in writing and be obtained prior to allowing any contractor employee who is the subject of the waiver request to begin work under this contract/order/call.

The above requirements apply to any and all contractor employees requiring access to DOJ information, systems or facilities, including subcontractor personnel, if applicable.

42 CONTRACTOR EMPLOYEE RESIDENCY REQUIREMENT

All Contractor Employees assigned to this contract and working within the United States shall meet the DOJ Residency Requirement. The Residency Requirement states that, for three of the five years immediately prior to applying for a position, the individual must have: 1) Resided in the United States; 2) Worked for the United States overseas in a Federal or Military capacity; or 3) Be a dependent of a Federal or Military Employee serving overseas.

This requirement can be waived for short-term (i.e., those employees performing duties for a cummulative total of 14 days or less) if there is a critical need for their specialized or unique skills (for example, interpreters for rare foreign languages). These individuals, however, must be U.S. citizens or Permanent Resident Aliens. The contractor shall have received waiver approval PRIOR to utilization of any employee on this contract/order who does not meed this clause requirement.

Additionally, a contractor employee who is not a U.S. citizen (and otherwise is proposed for approval under the waiver process described above) must be from a country allied with the United States. Since the countries on the Allied Countries List are subject to change, the contractor may review the following website for current information:

http://www.opm.gov/employ/html/Citizen.htm

END OF PROVISION

NON-US CITIZENS PROHIBITED FROM ACCESS TO DOJ INFORMATION

TECHNOLOGY (IT) SYSTEMS:

The Department of Justice does not permit the use of Non-U.S. Citizens in the performance of this contract or commitment for any position that involves access to or development of an DOJ IT System. By signing the contract or commitment document or demonstrating significant performance, the Contractor agrees to this restriction.

In those instances where other Non-IT requirements contained in the contract or commitment can be met using Non-U.S. Citizens, those requirements shall be clearly described.

43 SECURITY OF PERSONAL DATA

If the work to be performed under this contract/order requires the exchange of personal data between the contractor and the Department, the contractor, by acceptance of or performance on this contract/order, certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personal information was, or is reasonably believed to have been, lost or acquired by an unauthorized person (said notice subject to the exception below).

Exception: In any case in which the data that was lost or improperly acquired originated with the Department, was acquired or managed for the Department, or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the Department contracting officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individuals until it receives further instruction from the Department.

52.203-3 Gratuities. (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative -

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This paragraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) Bona fide agency, as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

Bona fide employee, as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

Contingent fee, as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

Improper influence, as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

(End of clause)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

(End of clause)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

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

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract.

The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

52.211-11 Liquidated Damages - Supplies, Services, or Research and Development.

(SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $250.00 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default - Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default - Fixed-Price Supply and Service clause in this contract.

(End of clause)

52.212-2 Evaluation - Commercial Items. (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical and Past Performance

Offerors must clearly identify any exception to the solicitation and conditions and provide complete accompanying rationale.

The Government intends to select ONE contractor for award of this effort.

For the purpose of award, the government shall evaluate offers based on the evaluation factors described below:

FACTOR 1 Technical Acceptability (Pass/Fail)

FACTOR 2 Satisfactory Past Performance (Pass/Fail)

FACTOR 3 Cost/Price

Factor 1 - Technical Acceptability:

Bidders must be qualified according to SOW, product features described there in.

Factor 2 – Satisfactory Past Performance:

Factor 3 - Price Evaluation.

The government shall conduct a price evaluation of all technically acceptable offers with satisfactory past performance including any option prices if applicable.

b. Rejection of Unrealistic Offers:

c. Source Selection Decision:

Technical and past performance, when combined, are Significantly less important than cost or price (10 U.S.C. 2305(a)(3)(A)(iii) and 41 U.S.C. 3306(c)(1)(C)). (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.213-2 Invoices. (APR 1984)

The Contractor's invoices must be submitted before payment can be made. The Contractor will be paid on the basis of the invoice, which must state -

(a) The starting and ending dates of the subscription delivery; and

(b) Either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment.

(End of clause)

52.216-24 Limitation of Government Liability. (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding 94,000dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is 94,000dollars.

(End of clause)

52.217-5 Evaluation of Options. (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

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 30 prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 180days (60 days unless a different number of days is inserted) 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 5 years 6 Months(months)(years).

(End of clause)

52.223-6 Drug-Free Workplace. (MAY 2001)

(a) Definitions. As used in this clause-

"Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15.

"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

"Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

"Drug-free workplace" means the site(s) for the performance of work done by the Contractor in connection…

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