RFP_Revised_091415.pdf

U.S. Department of Justice Business Transformation

DJJX-15-RFP-0936

Revised September 14, 2015

Business Transformation

Revised 09/14/2015

TABLE OF CONTENTS

1. OBJECTIVE

2. BACKGROUND

3. SCOPE

4. STATEMENT OF WORK

5. TASKS

6. DELIVERABLES

7. PROGRESS REPORTS AND BRIEFINGS

8. PERIOD OF PERFORMANCE

9. PLACE OF PERFORMANCE

11. KEY PERSONNEL

12 SECURITY REQUIREMENTS – UNCLASSIFIED

13. SPECIAL CONTRACT REQUIREMENTS

14. CONTRACT PRICING AND PAYMENT

15 GOVERNMENT FURNISHED DOCUMENTS AND EQUIPMENT

16. CONTRACT ADMINISTRATION

17. COMMERCIAL CLAUSES

18. PROPOSAL SUBMISSION, EVALUATION AND AWARD

19. EVALUATION CRITERIA AND SELECTION FACTORS

20. AWARD DETERMINATION

21. LIST OF ATTACHMENTS

ATTACHMENT 1 PRICING TABLES

ATTACHMENT 2 OFFEROR REPRESENTATIONS AND CERTIFICATIONS

ATTACHMENT 3 PERSONNEL SECURITY REQUIRMENTS

ATTACHMENT 4 SECURITY OF DEPARTMENT INFORMATION AND SYSTEMS

1. OBJECTIVE

The Department of Justice (DOJ) Justice Management Division (JMD) will establish a cost modeling group to support ongoing activity-based costing (ABC) for DOJ’s Working

Capital Fund (WCF) operations. The cost modeling group will mature and grow into a future DOJ Business Transformation Office (BTO) that will continually assess cost and price of services within the DOJ WCF, General Administration (GA) appropriation, and the

Justice Information Sharing Technology (JIST) appropriation. The DOJ Department

Administration and Oversight Group (DAOG) will lead the Information Technology (IT) implementation of an industry ABC software tool called CostPerform, and provide modeling architectures, standard operating procedures, and training to financial, budget, and program analysts across JMD. Continuous improvement utilizing ABC practices will enable business process transformation and will provide increased transparency into the full costing of services provided by JMD.

2. BACKGROUND

Leveraging the opportunities created by the Office of Management and Budget’s (OMB)

Portfolio Stat initiative, DOJ is assessing the effectiveness of its organizational structure and governance processes, and requires strategic and tactical assistance. In an effort to ensure that the Department is operating at its optimal capacity and providing transparency to its component agencies (Components) , it is imperative that the Department examine and assess: 1) Services:

evaluate, measure, and improve service delivery; 2) Pricing: simplify pricing, using customer usage information where possible; 3) Expenses: maximize customer savings; 4) Customer

Service: increase efforts to gauge customer satisfaction; and 5) Address gaps in services and pricing and make recommendations to close the gaps.

Over the last 18 months, the DOJ Deputy Assistant Attorney General/Controller has led a transformation effort known as the JMD Services Review. The JMD Services Review is utilizing a four-phased approach which is captured below:

Phase 1

Current State: Define current functions, activities, and metrics, to include identification of FTE and contractor costs, and breakout of cost categories.

Phase 2

Current State Allocation: Align current costs using current allocation method to the functions and activities, and align with agreed upon overhead categories.

Phase 3

Future State: Create a future cost allocation model based upon actual usage, consumption and/or policy.

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Phase 4

Reengineering Opportunities: Identify process improvement opportunities that will improve the customer experience and satisfaction.

3. SCOPE

The Department of Justice, Justice Management Division Budget Staff requires financial/business analytics and cost modeling expertise for the development and implementation of the CostPerform activity-based costing (ABC) software tool. The

Contractor shall perform tasks such as but not limited to the following:

Assessment of the current CostPerform software and cost models

Provide recommendations on how to export CostPerform data from standalone laptops or other devices onto an accessible shared network or other standalone devices or computers

Provide consulting services on cost modeling and cost modeling architecture

Provide routine maintenance of CostPerform ABC models

4. STATEMENT OF WORK – (RFP Amendment #3)

JMD Budget Staff requires the assistance of a contractor who is proficient with using the

CostPerform Activity-Based Costing/Management (ABC/M) software tool currently in use in the Department, has experienced staff who have developed ABC/M models for federal business transformation and business process management initiatives. Further, the contractor shall have staff with a strong knowledge of working capital funds, practitioners in the business of federal service delivery operations and business process transformation efforts, and proven experience leading and managing government programs and/or projects that require interfacing and presenting to Executive level leadership.

4.1 Contract Management

The Contractor shall manage performance supporting this requirement. This includes but not limited to:

•Providing oversight and day-to-day management of Contractor staff efforts and activities

•Ensuring the Contractor manager or appropriate designee is on-site to provide effective supervision of all Contractor staff working on this effort.

•Ensuring the development and execution of the project plan

•Monitoring project timeline and budget

•Providing quality assurance

•Ensuring consistency of approach by adhering to standard methodologies

•Providing regular status reports and required information to Administrative Contracting

Officer’s Representative (COR), and/or the DAOG Team Lead

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4.2 Contract Type

The award of a labor hour type contract is anticipated as a result of this RFP.

5 TASKS (RFP Amendment #3)

The contractor shall perform the following activities. Cost Perform software is currently deployed and in use on standalone desktops and laptops

5.1 CostPerform Information Technology (IT) Implementation

a) The contractor shall assess current use of CostPerform software, data captured, and developed cost models during the previously mentioned

JMD Services Review.

b) The contractor shall make recommendations on how to export

CostPerform data from standalone laptops or other devices onto an accessible JMD Budget Staff shared network or other standalone devices or computers.

5.2 Consulting services on cost modeling and cost modeling architecture

a. The contractor shall provide analytical support with cost allocation models in accordance with Statement of Federal Financial Accounting Standards, Managerial Cost Accounting Concepts and Standards for the Federal

Government.

b. The contractor shall have detailed expertise in the use of the CostPerform ABC software tool and lend day-to-day support to the JMD Budget Staff cost modeling group.

c. The contractor shall construct a process map, determine financial and operational data requirements, determine business rules for financial and operational data, identify cost drivers, and build a performance based model using CostPerform software

d. The contractor shall provide training and assistance to JMD Budget Staff personnel on the use of the CostPeform modeling software and will provide subject matter expertise on CostPerform throughout the period of performance.

e. The contractor shall generate detailed financial and other associated reports using

CostPeform at the direction of the JMD Budget Staff

f. The contractor, utilizing CostPerform, shall accumulate and report the costs of

JMD Services on a regular basis

g. The contractor shall incorporate the full cost of goods and services and allocate costs based on activity-based costing methodologies

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h. The contractor shall evaluate current CostPeform ABC models, review JMD financial management policy and make recommendations on required updates to the models within CostPerform.

5.3 Implementation Support with activity-based costing models

a. The contractor shall provide ABC expertise and resources to identify changes or enhancements to the current state ABC models previously mentioned in Phase 1 of the JMD Services Review

b. The contractor shall, where appropriate, enhance the current ABC architecture to respond to new executive level reporting requirements within JMD Budget Staff

c. The contractor shall develop and operationalize fact-based cost allocation metrics, resource drivers, and activity drivers

d. The contractor shall develop and provide group training and one-on-one training to JMD Budget Staff and other JMD staff personnel that shall include the following:

1) introduction to ABC methodology and benefits

2) cost model architecture and building blocks

3) budget and performance integration using activity-based management

5.4 Routine maintenance of CostPerform ABC models

a. The contractor shall conduct (required) periodic updates and maintenance of the ABC models in response to periodic reporting requirements and ah-hoc requests.

b. The contractor shall update model resources, activities, resource drivers, activity drivers, and services/outputs

5.5 Executive level reporting and business process re-engineering (RFP Amendment

#3)

a. The contractor shall assist in the development of refined executive level financial reports for DOJ appropriated and WCF accounts

b. The contractor shall assess current business process roles and rules of behavior associated with the DOJ Customer Advisory Board (CAB) and provide the following:

1) A new charter for the DOJ WCF Board of Directors (BOD) which shall replace current day CAB

2) A new yearly cycle business process map for WCF BOD activity

3) Propose governance structures that enable full transparency into WCF service costs, cost allocations, and methods/practices to engage the

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BOD throughout the year, specifically, in the development and approval phases of fiscal year Operating Plans

5.6 Financial and Investment Management (RFP Amendment #3)

a. The contractor shall review business needs, financial and budget processes and provide support in implementing those processes or lead efforts to define new requirements and processes that meet DOJ and JMD programmatic and financial strategy objectives.

b. The contractor shall assist JMD Budget Staff in developing requirements and business cases for programs that require a capital investment. The contractor may also provide supporting services related to capital planning, e.g.

alternatives analysis, cost-benefit analysis for IT investment proposals and business cases.

c. The contractor shall assist in developing and sustaining financial management excellence by assessing the management, finance and accounting operations within the DOJ WCF.

d. The contractor shall assist in managing, controlling and reducing costs by creating transparency of costs and develop a culture of cost ownership and discipline within the WCF operations.

5.7 Communications, Customer and Stakeholder Relationship Management (RFP

Amendment #3)

a. The contractor shall support strategic communications, communications program planning, formative communications research and program evaluation, promotion of DOJ WCF services, stakeholder outreach and partnership development.

b. The contractor shall assist in the development and implementation of a

DOJ CAB (future state BOD communication and customer management strategy. The contractor shall conduct outreach to determine requirements and needs, and develop clarity around stakeholder roles within the DOJ

CAB; the contractor shall also be able to assess and improve JMD Budget

Staff communications both internally and externally.

c. The contractor shall develop salient messages targeted to key audiences to include DOJ Budget Officers, Executive Officers, and governing members of the DOJ CAB (future state BOD).

d. The contractor shall identify strategies to proactively involve stakeholder groups across the DOJ budget and financial community. The contractor shall identify key stakeholder groups and opportunities for communications partnerships based on identified goals and objectives.

5.8 Planning, Operations, and Analysis (RFP Amendment #3)

a. The contractor shall develop operational plans/spend plans to support

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WCF and appropriated account objectives and strategies; the operating plans/spend plans must support accountability for WCF initiatives and include measurable performance metrics.

b. As directed by the Government, the contractor shall implement WCF performance improvement projects, evaluate programs, and identify barriers and opportunities to achieve strategic objectives.

c. The contractor shall be required to conduct assessments of JMD Budget

Staff DAOG business processes to automate redundant, inefficient or unnecessary processes and support automation of standard financial reports or income and expense reports. The contractor shall provide recommendations that enable and assist in the implementation of the desired results; business processes will include (and not be limited to) budget execution and formulation and overall financial management.

6. DELIVERABLES (RFP Amendment #3)

The Contractor shall produce the following deliverables. The estimated due dates are for planning purposes and are subject to change as required by the DAOG Team Lead. The

Contractor is responsible for coordinating the actual due dates with the DAOG Team Lead, ensuring all requirements are on time, and obtaining clarification of the appropriate quality level required. The Contractor may contact the DAOG Team Lead if additional clarification is needed. Note: Any drafts of the deliverables are considered work products. The subtasks within

Section 5 that are not specifically identified in the table below will be reviewed collaboratively between the government and the contractor to identify specific timelines associated with the subtask activity.

Deliverable Description Due Date

Status Report Overall review of vendor activities supporting DAOG As mutually agreed by the parties after award.

Revised Charter for a new

DOJ Working Capital Fund

(WCF) Board of Directors

(BOD)

A written charter highlighting the governance structure of a

WCF Board of Directors, and an accompanying presentation that captures the content of the charter.

WCF BOD Status Reports A written report on the state of financial health within the

DOJ WCF and recommendations of changes needed to be made by WCF

BOD.

As mutually agreed by the parties after award.

WCF and Justice Management

Division (JMD) Balanced

Scorecard

A strategic accountability tool for performance of services within the WCF and JMD;

As mutually agreed by the parties after award.

Business Transformation with metrics for routine measurement and dashboard reporting.

CostPerform training for JMD analysts

Tailored training in the use, refresh, and expansive use of the CostPerform software tool.

As mutually agreed by the parties after award.

7. PROGRESS REPORTS AND BRIEFINGS – (RFQ Amendment #3)

Periodic formal and informal briefings to to DOJ executive leadership not listed in the

Deliverable Table will be required on a ad hoc basis. Briefings will be developed using the

PowerPoint software application, and relevant content, graphics and financial/budget tables will be utilized from various quarterly reports and routine status reports. The contractor will work collaboratively with the government in developing briefing outlines, content and final presentations to various DOJ audiences.

The contractor will also participate in weekly DAOG progress meetings at intervals established by the COR or the DAOG Team Lead.

A Monthly Progress Report highlighting the accomplishments and problems associated with each project (to include hours worked by individual, and by project) must be submitted to the

COR or DAOG designee. The reporting period shall cover intervals from the 1st to the last day of each month and are due on the 5th business day following each monthly reporting period.

8. PERIOD OF PERFORMANCE (RFP Amendment #3)

The period of performance for this requirement consists of one (1) base period and two (2) one

(1) year options as referenced below. The start date for the base period will be the date of award.

Base Period 365 days after date of award

Option Period No. 1 365 days after the Base Period

Option Period No. 2 365 days after Option Period 1

8.1 Option to Extend Term of Contract Clause

This contract may be extended, at the option of the Government, upon the same terms and conditions for a period of one (1) year or fractions thereof by the Contracting Officer. Such exercise shall not have effect unless the Contracting Officer has given preliminary written notice

Business Transformation of an intent to exercise such option at least thirty (30) days prior to the last day of the terms of the contract. Such preliminary notice shall not be construed as an exercise of the option, and will not bind the Government to exercise the option. If the Government exercises such option, the contract period shall commence running on the next day following the expiration of the contract, as extended, shall be deemed to include this option provision; provided, however, that the total duration of this contract, including the exercise of any options under this clause, shall not exceed beyond 48 months. Performance of services under any such extension shall be at the prices, specified herein.

8.2 Option to Extend Services of the Contract (FAR 52.217-8) (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 Contracting Officer may exercise the option by written notice to the Contractor within the term of the contract. This option provision is in addition to the options afforded by

Section 8.1 above.

9. PLACE OF PERFORMANCE

The work under this contract will be performed at the DAOG office located at 950 Pennsylvania

Avenue, Washington, D.C. 20530 (RFK Main Justice Building) , and may require travel. All travel outside the DC Metro area must be approved in advance by the COR, and the Contractor will be reimbursed for appropriate allowable and allocable travel expenses in accordance with the Federal Joint Travel Regulations (FTR).

9.1 Travel

Travel may be required in support of this requirement.

Travel to and from the Government’s work location(s) and within the Washington, D.C.

Metropolitan area may not be billed as a direct cost under this contract. In the event travel is required outside the local area, the contractor shall adhere to the Joint Travel Regulations (JTR) for any travel expenses incurred under this effort. All long distance travel is reimbursable and shall be approved in advance by the Contracting Officer’s Representative (COR).

Reimbursement for actual (approved) travel costs incurred during the performance of this contract shall be in accordance with Part 31 of the Federal Acquisition Regulations. The

Contractor must not add any type of surcharge such as G&A expense, fees etc to its actual travel costs. Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the Contractor must submit (to the COR) a request for advance approval to utilize higher class travel. All travel

Business Transformation should be scheduled sufficiently in advance to be able to take advantage of offered discount rates. Any requirement for long distance travel will be at the written request of the DOJ COR on a case-by-case basis.

Individual travel authorization letters may be provided to the Contractor (for all Contractor personnel who are required to travel) which may allow Contractor personnel to receive

Government rates when on long distance travel. The Department encourages advance airfare purchases to take advantage of supersaver discounts. If the trip is canceled or travel dates are changed due to the Government’s actions, the Government will, absent special circumstances, pay airline cancellation charges or airline charges for changes in the travel dates.

10. HOURS OF OPERATION

10.1 Core Business Hours

The DAOG typical core business hours are from 8:00 a.m. to 5:00 p.m., Monday - Friday, EST.

The Contractor shall schedule their staff work schedule within these hours unless prior coordination and approval is provided by the DAOG Team Lead. The Contractor shall have the appropriate level of effort available to handle and support this requirement. The Contractor may stagger the staff schedule as required to support the mission as coordinated and approved by the

DAOG Team Lead. Key personnel or designated alternate must be on-site during the core business hours.

10.2 Federal Holidays/Non-Workdays/Telework

10.2.1 Non-Workdays

In addition to the legal holidays and excused absence days the Contractor shall observe the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Any other day designated by the President’s Proclamation

It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, they may be reimbursed by the Contractor; however, no form of holiday or other premium compensation shall be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude

Business Transformation reimbursement for authorized work that exceeds the established hours of operation if applicable to this contract.

When the government grants excused absence to its employees, assigned Contractor personnel may also be dismissed, however, at no expense to the Government. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the CO, or the DAOG Team Lead.

There are certain types of irregularly occurring circumstances that prompt the Government to close its offices where Contractor personnel are working, either on a national or local basis (i.e., bomb threats, inclement weather, power outages, death of a national figure, or funding lapses).

Contractor staff shall not work if the Government is closed, unless otherwise authorized by a fully executed modification or the Contracting Officer. Non-work due to the Government closing its facility(ies) is not an expense directly reimbursable to the Contractor.

10.2.2 Federal Holidays

The Contractor must establish a standard holiday schedule that exactly coincides with the

Government's schedule for employees working on a Government site. Holidays observed are listed below. Holidays and other non-work days are not billable unless work is requested by the

Government and performed on these days. The following is a list of Government holidays:

1. New Year's Day;

2. Martin Luther King's Birthday;

3. Washington's Birthday;

4. Memorial Day;

5. Independence Day;

6. Labor Day;

7. Columbus Day;

8. Veteran's Day;

9. Thanksgiving Day;

10. Christmas Day; and

11. Inauguration Day (every fourth year in Washington, DC metro area)

10.2.3. Telework Plan

The work and activities under this contract may include the opportunity to telework as coordinated and approved by the DAOG Team Lead prior to doing so and if it does not impede the Government priorities. The Government reserves the right to restrict or change telework activities and status. The Contractor is responsible for assigning, maintaining, and tracking work assignments, ensuring the quality of work is maintained, and ensuring security compliance and protection of Government data and information.

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The Contractor telework strategy shall ensure the process and procedures will cover the

Government activities during relatively routine situations, early dismissal, and/or office closures due to inclement weather; that may affect operations over the course of weeks or even months.

The Contractor telework strategy shall be consistent with Government priorities.

Teleworking is not an entitlement nor suited for every position. All requests to do so must be submitted to the DAOG Team Lead by the Contractor’s Project Manager for review and approval in advance. The request must include the following:

• Number of hours the contract employee plans to work

• What will be accomplished during that time

Along with the DAOG Team Lead, pertinent Government task members will be included in the review and approval process if the work is related to one of their tasks. When approving telework, the Government will take into consideration the individual (for example, telework requests will not be approved if there are performance issues), the work to be performed and the individual’s ability to complete the work from home.

The day after teleworking, the contract employee must report to the Project Manager the actual hours billed and the work performed. The DAOG Team Lead and other pertinent Government task members will review the report and comment on whether the hours expended vs. work accomplished is acceptable.

Weekly/Monthly Telework Reports - The Project Manager must submit a detailed report to the

DAOG Team Lead. While it does not contain hours worked, it does allow the DAOG Team

Lead/pertinent Government task members to comment on work accomplished, or not.

Monthly Telework Reports must be included as part of the billing cycle. Every month, a detailed report from the Contractor, listing by Contractor employee the number of hours worked and on what tasks must be submitted. The report will be reviewed for approval by the DAOG Team

Lead and any issues must be raised with the Contractor and resolved to the Government’s satisfaction.

Sample Telework Report:

(The same format can be used for pre-and post-approval)

Contractor Name

Day/Date Teleworked Total# of Hours Worked Project Area Work Performed

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DAOG Team Lead Approval Date

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11. KEY PERSONNEL

The following labor categories are considered as key personnel under this requirement. Each resume submitted will be reviewed to determine whether the proposed staff has the appropriate knowledge, skills and abilities to perform the work required under this contract

Business Transformation SME - (RFP Amendment #3)

At least 20 years of professional experience with a strong knowledge of federal working capital funds and shared services. At least 10 years of experience supporting complex, large-scale business transformation efforts at federal agencies as well as private sector companies. This individual must possess a minimum of 10 years of experience leading and managing government programs and projects.. A Master’s degree in business or accounting is required.

Business/Financial Cost Estimating SME (RFP Amendmnt #3)

At least 20 years of professional experience, with at least 15 years of experience in federal financial management and cost and performance integration. Must possess at least 10 years of experience in activity based costing and management (ABC/M). This individual must be highly proficient and experienced with activity based costing. A Master’s degree in business or accounting is required.

11.1 Replacement of Key Personnel

The level of effort specified for the labor categories listed above may not be decreased without the prior written approval of the Contracting Officer. These individuals are considered to be essential to the work the Contractor agrees to perform. Prior to diverting any of the specified individuals to other programs, or replacing any of them for any reason, the Contractor shall notify the Contracting Officer in writing at least thirty (30) days in advance of the proposed replacement, and shall submit justification, including proposed substitutions or replacements, in sufficient detail to permit the Contracting Officer to evaluate the impact on the work the

Contractor is obligated to perform under the contract.

Requests for replacement shall include a detailed resume describing the qualifications of the individual(s) proposed. The proposed individuals must have the same level of education and experience as the individual being replaced

Other than an individual who leaves the company, no Contractor request for substitution of key personnel will be granted by the Government during the first 180 days after the award of the

Contract. After the first 180 days, Contractor proposals to move any key personnel off the contract or from one part of the contract to another shall be submitted in writing to the COR at least 30 days in advance of the proposed move and the written request shall by accompanied by the resume of the proposed replacement.

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12 SECURITY REQUIREMENTS – UNCLASSIFIED

See Attachment 3 for the Unclassified Personnel Security requirements and clauses.

12.1 Security of Department Information and Systems

See Attachment 4 for the full text of this clause

13. SPECIAL CONTRACT REQUIREMENTS

13.1 Freedom of Information Act Requests

Notwithstanding any other provision in this contract or any statement or restriction in the contractor's proposal, by entering into this contract, the contractor acknowledges that the

Government will release the pricing of this contract in its entirety in response to Freedom of

Information Act (FOIA) requests without giving the contractor advance notice of the release.

With respect to a FOIA request for any part of the contractor's technical proposal that is either set forth or incorporated by reference in this contract, before responding to the FOIA request the

Government will afford the contractor an opportunity to explain why it believes some or all of the relevant parts of the technical proposal may be exempt from release under the FOIA.

13.2 Prohibition against Soliciting and Performing Personal Services

a) The performance of personal services under this contract is strictly prohibited.

b) Personal service contracting is described in Section 37.104 of the Federal Acquisition

Regulations (FAR). There are a number of factors, when taken individually or collectively, which may constitute personal services. Each contract arrangement must be judged in light of its own facts and circumstances, but the question relative to personal services is: Will the Government exercise relatively continuous supervision and control over the contractor personnel performing this contract?

c) The government and the Contractor understand and agree that the support services to be delivered under this contract are non-personal services in nature that is no employer-employee relationships exist or will exist under the contract between the government and the contractor or between the Government and the contractor’s employees.

d) Contractor personnel under this contract shall not:

1. Be placed in a position where they are appointed or employed by a Federal employee, or are under the supervision, direction, or evaluation of a Federal employee.

2. Be placed in a Federal staff or policy making position.

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3. Be placed in a position of supervision, direction, or evaluation over DOJ personnel, or personnel of other contractors, or become a part of a government organization.

e) Employee Relationship

1. The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the government.

2. Rules, regulations, direction, and requirements which are issued by DOJ management under their responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

3 The Contractor shall immediately advise the Contracting Officer if the contractor or its employees are directed by any Government employee to perform work that the Contractor believes constitutes personal services.

f) Contractor Management Responsibility

The Contractor shall appoint a supervisor/manager who will be the contractor’s authorized representative for technical and administrative performance of all services required hereunder. The supervisor shall provide the single point of contact through which all contractor/government communications, work, and technical direction shall flow. The supervisor shall receive and execute, on behalf of the Contractor, such technical direction as the COTR may issue within the terms and conditions of the contract. All administrative support of contractor technical personnel required to fulfill the tasks assigned under this contract shall be the responsibility of the contractor.

14. CONTRACT PRICING AND PAYMENT

This requirement is in support of the Department of Justice, Justice Management Division, Department Administration and Oversight Group and the award of a labor hour type contract is anticipated as a result of this RFP. The unit prices for each labor category must be fully burdened fixed hourly rates to include all expenses such as salaries/wages, fringe benefits, overhead, G&A expense and profit. The Base period of performance starts on the award date.

The Government reserves the right to order these services on a Not-to-Exceed-labor hour basis, and to unilaterally increase or decrease these estimates at any time during the term of the contract. A ceiling will be set for any labor hour services ordered under this contract. Any increase in the ceiling must have prior approval from the Contracting Officer. All increases must

Business Transformation be for work within the scope of services described in the SOW and will not be so significant as to substantially change the nature of work described in the original SOW.

14.1 Funding

This requirement will be funded each period on a not-to-exceed basis. The Department shall not be obligated to pay the Contractor any amount in excess of the total ceiling price identified in the contract, and the Contractor shall not be obligated to continue performance if to do so would exceed the applicable ceiling price, unless and until the Contracting Officer shall have notified the Contractor in writing that the applicable ceiling price has been increased and shall have specified in the notice a revised ceiling that shall constitute the new ceiling price for performance under the contract.

14.2 Invoicing Instructions

The Contractor shall submit invoices monthly, in an original only (i.e., one copy only) to the

COR at the address listed in Section 15.2 To constitute a proper invoice, the following information and/or attached documentation shall be included with the invoice (as applicable):

name and address of the Contractor invoice date contract number contract number period covered by the invoice

CLIN number and description, quantity, unit price and extended total for the period covered (see also paragraph (b) below) cumulative amounts billed by CLIN to date shipping and payment terms name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment)

Taxpayer Identification Number

DUNS Number

In addition to the invoice requirements listed in paragraph above, each invoice shall include the actual direct labor hours expended by each individual (fractional parts of an hour shall be rounded to the nearest one half (1/2) hour in computing the amount payable) multiplied by the appropriate unit price (hourly rate) from the applicable CLIN. The invoices shall also track

Contract expenditures to date by stating the funded amount of the contract, the current invoice expenditure amount and total contract expenditures to date.

The ACOTR will certify the hours worked and satisfactory completion of all work and services billed. Negative inspection results will be reported immediately to the Contractor and

Contracting Officer.

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Payment will be made on a monthly basis in accordance with FAR clause 52.232-7 entitled

"Payments under Time and Materials and Labor Hour Contracts." However, the 5% withholding provision specified in paragraph (a)(2) of FAR clause 52.232-7 does not apply to this contract.

The office that will make the payments due under this contract (i.e., the designated payment office) is shown below.

U.S. Department of Justice, FDSS

600 E Street NW, Room 4045

Washington, DC 20530-0001

All follow-up invoices shall be marked “Duplicate of Original.” Contractor questions regarding payment information or check identification should be directed to the DOJ Vendor assistance

Hotline (202) 616-6260.

15 GOVERNMENT FURNISHED DOCUMENTS AND EQUIPMENT

15.1 Government Furnished Documents

The Government will furnish all relevant program information, OMB guidance, and Department

Orders, Policies and Procedures necessary to reference for the performance of the tasks.

15.2 Government Furnished Property (RFQ Amendment #3)

The Government shall provide the Contractor personnel with a work area with common office automation. Specialized materials, equipment, and software shall be provided as they are to government employees doing similar work at DAOG. The Contractor shall use the

CostPerform software that is installed on government computers.

16. CONTRACT ADMINISTRATION

This contract will be administered by:

Procurement Services Staff

145 N. Street, NE, Suite 8E.107

Washington, DC 25030-0001

Bernadine Smalls, Contracting Officer

Telephone: 202-307-1940

E-mail: bernadine.smalls@usdoj.gov

Written communications shall make reference to the contract number and shall be mailed to the

Contracting Officer at address referenced above mailto:bernadine.smalls@usdoj.gov

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16.1 DOJ Administrative and Oversight Group (DAOG) Team Lead

TBD

16.2 Contracting Officer’s Representative:

(a) Upon award, a Contracting Officer's Representative (COR) will be designated to manage the technical aspects of the contract and inspect items/services furnished hereunder; however, the

COR shall not be authorized to change any terms and conditions of the resultant contract, including price.

(b) The performance of work required herein shall be subject to the technical direction of the cognizant Contracting Officer's Representative (COR) or designee with respect to technical matters pertaining hereto. As used herein, "Technical Direction" is direction to the

Contractor which fills in details, suggests possible lines of inquiry, or otherwise supplements the scope of work. "Technical Direction" must be confined to the general scope of work set forth herein and shall not constitute a new assignment, nor supersede or modify any other Clause of this contract. To be valid, technical direction:

1. must be issued in writing consistent with the general scope of work set forth in the contract

2. shall not change the expressed terms, conditions, or specifications incorporated into this contract; and

3. shall not constitute a basis for extension to the contract delivery schedule or task order price

The COR is authorized to:

1. Act as liaison and to coordinate contractor/government activities

2. Arrange for and coordinate the use of government resources (personnel, space, documents etc.)

3. Provide technical guidance in the performance of the contract; and

4. Receive, review and approve (but not reject or deny) progress reports, selected invoices and final reports or other functions of a technical nature. The authority to reject performance and deny associated invoices is expressly reserved for the

Contracting Officer.

(a)The COR does not have the authority to alter the Contractor's obligations under the contract;

Business Transformation direct changes that fall within the purview of the "Changes Clause" and/or modify any of the expressed terms, conditions, specifications, or price of the contract.

(b) If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specification/Work Statement, the Contracting Officer shall issue such changes in writing and signed.

(c) The COR is authorized to certify (but not reject or deny) invoices for payment in accordance with Section 14.2. The authority to reject or deny performance and associated invoice payment is expressly reserved for the Contracting Officer

The following individual is the COR for this contract:

TBD

16.3 Contractor Representative

The Contractor's representative to be contacted for all administration matters

Name

Address

Phone

Fax

Email

The Contractor's representative shall be responsible for all contract administration issues and shall act as the central point of contact with the Government for all such issues. The representative shall have full authority to act for the Contractor in all contractual matters. The representative shall be able to fluently read, write, and speak the English language.

16.4 Security Program Manager (SPM)

Security Program Manager

Upon award, a Security Programs Manager (SPM) will be designated to coordinate those aspects of this contract which pertain to obtaining and maintaining security clearances at the appropriate levels for contractor personnel performing hereunder.

During the pre-award phase of this contract, the SPM is responsible for performing the following duties:

1. Provide the Contracting Officer with the appropriate contractor personnel security screening requirements (including waiver requirements, if appropriate) and background

Business Transformation investigation (BI) requirements for obtaining services of non-federal employees under the resultant contract and contracts.

2. Determine the risk level for each contractor position. The risk level must be based on an overall assessment of the damage that an untrustworthy contractor could cause to the efficiency or the integrity of Departmental operations. The SPM shall provide this information to the Contracting Officer for inclusion in the resultant contract.

3. Certify that the personnel security requirements of the contract are adequate to ensure the security of Departmental operations, information and personnel

The SPM shall provide this written certification to the Contracting Officer prior to release of the Request for Proposals.

4. Following award of this contract, the SPM shall ensure that the personnel security requirements set forth herein are followed. In addition, the SPM shall comply with the supplemental guidelines provided to him or her by the Contracting Officer.

The SPM for this contract is:

Chris R. Carlisle

U.S. Department of Justice

950 Pennsylvania Ave., NW

Washington, DC 20530

The personnel security requirements of this contract are set forth in the Sections:

17. COMMERCIAL CLAUSES

17.1 Contract Terms and Conditions – Commercial Items FAR 52.212-4 (May 2015)

a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting

Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by

Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

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

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

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

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

(i) Payment.-

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

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

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

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due.