PaulFMC-14-RFQ-0005_Scanning_Contract)_(3).docx

Table of Contents

SECTION 1 STATEMENT OF WORK

SCANNING SERVICES

1.0 INTRODUCTION

1.1 Background

The Federal Maritime Commission (FMC) is an independent agency responsible for the regulation of ocean borne transportation in the foreign commerce of the United States. The FMC administers the Shipping Act of 1984, as amended by Public Law 105-258 (The Ocean Shipping Reform Act of 1998), Section 19 of the Merchant Marine Act of 1930, the Foreign Shipping Practices Act of 1998 and Public Law No. 89-777. More information can be found about FMC at www.fmc.gov.

The majority of the Commission's personnel are located in Washington, DC with area representatives in New York, New Orleans, Los Angeles, Seattle, South Florida and Houston.

The Commission’s organizational units consist of: Office of the Managing Director (including the Offices of Human Resources, Budget and Finance, Management Services, Information Technology, and the Bureaus of Certification and Licensing, Enforcement, Trade Analysis, and the Commission’s Area Representatives); Office of the General Counsel; Office of the Secretary (including the Library); Office of Consumer Affairs and Dispute Resolution Services; Office of Administrative Law Judges; Office of Equal Employment Opportunity; and Office of the Inspector General and the Office of Information Technology. While the majority of its personnel are located in Washington, D.C., the Commission has Area Representatives in Houston, Los Angeles, New Orleans, New York, Seattle, and South Florida.

As the regulatory agency responsible for the regulation of ocean borne transportation in the foreign commerce of the United States, The Federal Maritime Commission (FMC) relies on a broad range of technological tools to support its mission and provide services to both internal and external customers, the Executive Branch of the Federal Government, members of Congress and the general public.

2.0 SCOPE OF WORK/DESCRIPTION

2.1 Kick Off Meeting

The Contractor shall be required to schedule a kick off meeting within 7 business days from the date of the award with the COR. The purpose of the meeting will be to discuss the operation and administration of the contract by the Contractor and the Government.

2.2 Scanning/Indexing

The Contractor shall be responsible for providing document scanning services. Currently FMC utilizes the Laserfiche® document scanning software to accurately and completely scan and index documents securely in the system to ensure that they can be promptly located. The FMC document scanning and indexing program requires the development of extensive knowledge of the FMC’s specialized and unique document types. The Contractor must develop the ability to independently and accurately extract pertinent indexing information not readily apparent from a cursory review of the documents, accurately categorize each document within the indexing structure, properly evaluate the appropriate security requirements for each document and correctly place each document in the system according to that document’s security requirements. The scanning/indexing will include a wide variety of specialized Commission documents from adjudicatory proceedings, investigative case files, enforcement proceedings, fact-finding investigations, current and historical docketed proceedings, Commission minutes, legislative matters, legal opinions, and a variety of other regulatory matters.

2.3 Quality Control

The Contractor shall be responsible for providing performance quality control by verifying that documents identified for electronic conversion have been accurately digitized, categorized, secured, and placed in the appropriate area/file within the Laserfiche system.

2.4 Re-Indexing

The Contractor shall be responsible for re-indexing approximately 1,000 documents recovered from a system crash of the previous scanning software, FileNet. This task is to be incorporated into the Contractor’s daily duties and is to be accommodated, as time permits, after each day’s scanning and indexing workload has been completed. Demonstrated experience with the FileNet system software is valuable to achieve this re-indexing task.

2.5 Recommendations

The Contractor shall be responsible for participating in discussions and making recommendations that identify the benefits and liabilities of available alternatives that optimize both technology and business processes in light of the FMC’s present and future needs, and participating in evaluating the FMC’s current scanning and indexing structure.

2.6 Informal Training

The Contractor shall be responsible for providing guidance, direction, and informal training to additional Contractor staff/or FMC staff as needed. Informal training and direction for any additional Contractor staff will include initial orientation and follow-up as needed on: (1) the FMC’s business process as they relate to the document scanning/indexing program; (2) the Laserfiche system’s capabilities, functions, and features as they are applied to the FMC’s document scanning/indexing program; (3) the wide variety of FMC documents – imparting guidance on how to decipher and accurately extract pertinent information to be used in the indexing process; (4) acceptable document/scanning product quality and techniques for correcting deficiencies; and (5) responses to other questions relating to the FMC’s document scanning/indexing program as needed. Informal training and guidance provided to FMC staff by the Contractor will include: (1) assisting OS staff in conducting, as needed, either initial or refresher training to FMC staff on basic Laserfiche system features and capabilities; and (2) responding to questions regarding researching and extracting documents scanned and stored in the FMC’s Laserfiche system. The Contractor shall be responsible for supporting the FMC staff with software questions, providing research assistance, and working directly with OS/IT staff to address system issues.

2.7 Productivity

The Contractor shall be responsible for maintaining productivity standards, which support the FMC’s document scanning and indexing program. Written productivity standards will be provided to the Contractor within two (2) weeks of the start of the contract. The need to update or adjust such standards will be re-evaluated annually by FMC Office of the Secretary management. Updated standards, if any, will be re-issued annually within two (2) weeks of the start of any exercised option period.

3.0 SCHEDULE OF DELIVERABLES

The Contractor shall submit all formal deliverables (listed in Table 1 below) to the designated COR.

Table 1

3.1 Place of Performance

The Contractor will be expected to work on-site, at FMC headquarters, 800 North Capitol Street, NW, Washington, D.C. 20573

3.1.1 Hours of Operation

The contract personnel are expected to work Monday through Friday eight hours per day, five days per week. The core hours shall be from 7:00am until 5:30pm. The reporting time shall be mutually agreed upon.

In the event the Contractor’s employee is out on extended leave for more than two business days the Government at its discretion may require the Contractor may be required to provide a replacement during the absence. It is the responsibility of the Contractor to provide the Government with advance notice of the absence as soon as possible. Failure to provide a replacement at the Government’s request may result in a reduction in the price of the contract.

3.1.2 Federal Holidays

a. The FMC observes the following days as holidays:

New Year's Day Martin Luther King Jr. Day Presidents Day Memorial Day Independence Day Inauguration Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

b. The FMC also observes as a holiday any other day designated by Federal law, Executive Order, or Presidential Proclamation.

c. When any such day falls on a Saturday, the preceding Friday is observed. When any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, estimated cost, or fee (s), if any, except as set forth in the contract.

d. Except for designated aroundtheclock or emergency operations, the contractor will not be able to perform onsite under this contract on holidays set forth above. The contractor will not charge any holiday as a direct charge to the contract. In the event the contractor works during a holiday observed by the contractor other than those above, no form of holiday or other premium compensation will be reimbursed as either a direct or indirect cost. However, this does not preclude reimbursement for authorized overtime work.

f. In the event that the FMC grants administrative leave to its Government employees at the site, onsite contractor personnel shall also be dismissed if the site is being closed. However, the contractor shall continue to provide sufficient personnel to perform aroundtheclock requirements of critical efforts already in progress or scheduled and shall be guided by the instructions issued by the Contracting Officer or her/his duly appointed representative. In each instance when the site is closed to the contractor as a result of inclement weather, potentially hazardous conditions, explosions, or other special circumstances, the contractor will direct its staff as necessary to take actions such as reporting to his/her own site(s) or taking appropriate leave consistent with leave policies. The cost of salaries and wages to the contractor for the period of any such site closure shall be a reimbursable item of direct cost under the contract for employees whose regular time is normally a direct charge if they continue to perform on contract work; otherwise, the costs are reimbursable as indirect costs in accordance with the contractor's established accounting policy.

3.2 Government-Furnished Property

Materials, equipment, software, support, and facilities required for scanning services will be provided by the government as deemed necessary by the Contracting Officer.

3.3 Security and Confidentiality

The security classification for work performed under this agreement is Sensitive But Unclassified (SBU). Documents that may be required to complete this effort may be sensitive in nature and shall be protected from unauthorized disclosure. Work on this project requires that Contractor personnel have access to Privacy Act Information. Additionally, information available to the Contractor may be statutorily or commercially confidential. Contractor personnel shall adhere to “The Privacy Act,” Title 5 of the U.S. Code, Section 552a; “The Trade Secrets Act,” Title 18, United States Code, Section 1905, and “The Freedom of Information Act,” Title 5, United States Code, Section 552, and all applicable agency rules and regulations.

3.4 Non-Disclosure Requirements

The Contractor and all employees, agents, subcontractors and subcontractor personnel who will have access to FMC documents or data during the performance of their duties under the contract shall execute a Non-Disclosure Agreement and return it to the Contracting Officer before being given access to such information or documents.

3.5 Contractor Personnel Security

Pre-Screening of Personnel and Removal of Unacceptable Personnel

The Contractor shall ensure that all applicable personnel working on this task order, including subcontractors, meet the following security requirements for Contractors to protect against unauthorized disclosure of Sensitive But Unclassified (SBU) data. SBU data includes, but is not limited to, information that is protected from disclosure by the Privacy Act, 5 U.S.C. § 552a.

All applicable personnel shall be United States citizens or have lawful permanent resident status.

All applicable personnel shall be subject to a National Agency Check, Law and Credit (NACLC) investigation. Applicable personnel shall not begin working until all security forms have been properly completed and submitted to the Contracting Officer’s Representative for processing, as follows:

Completed fingerprint cards Non-disclosure Agreement Fair Credit Reporting Act Release SF 85-P, “Questionnaire for Public Trust Positions”

Applicable personnel shall wear FMC issued identification badges when working in Government facilities.

Applicable personnel who undergo NACLC investigations that reveal, but are not limited to, the following may be unacceptable under this contract: conviction of a felony, a crime of violence or a serious misdemeanor; a record of arrests for continuing offenses; or failure to file or pay Federal income tax. The Government reserves the right to determine if a Contractor employee assigned to a task shall continue with the task. The Contractor shall agree to remove the person assigned within one business day of official notification by the Government and provide a replacement within five business days. New hires or substitutions of personnel are subject to the NACLC investigation requirement.

FAR 52.204-9 Personnel Identity Verification of Contractor Personnel (SEPT 2007)

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.

The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

3.5 Monthly Status Report

The Contractor shall submit a Monthly Status Report to the Contracting Officer’s Representative/Contracting Officer (COR/CO). The report shall contain the following information:

a. A listing of all tasked assignments provided by the COR to include date assigned and when the task was completed.

b. Status on any problems or constraints experienced.

c. Two weeks prior to the end of each performance period the Contractor is required to provide a status of the work completed.

3.6 Travel

Travel is not authorized under this contract.

4.0 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Government will periodically evaluate the Contractor’s performance in accordance with QASP. The purpose of the QASP is to ensure reliable, uninterrupted services are provided in accordance with PWS. The plan ensures unnecessary complaints and acceptable performance.

The Government’s QASP includes the following elements:

1. Periodic inspection of the Contractor’s work

1. Communicating complaints

1. Progress meetings with the Contractor

Methods of Surveillance:

Random Evaluation: This method employs a “spot check” style of evaluation and may be adjusted, based on quality and/or productivity trends. The Government retains the right to inspect all requirements of the contract. Unacceptable performance will be recorded and the Contractor shall be required to correct the unacceptable conditions within a 24-hour time period. If the Contractor does not correct the unacceptable condition within 24-hours, the COR will notify the Contracting Officer who will take appropriate administrative action for unacceptable performance.

Performance Requirements Summary

5.0 CONTRACT ADMINISTRATION

Authority Contracting Officer, Contracting Officer's Technical Representative and Contractor's Project Manager

5.1 Contracting Officer

The Contracting Officer is: TO BE DETERMINED

The Contracting Officer, in accordance with Subpart 1.6 of the Federal Acquisition Regulation, is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

5.2 Contracting Officer’s Representative (COR) Designation and Authority

In accordance with 48 CFR 2901.603-71 (2007), the Contracting Officer's Representative is:

TO BE DETERMINED

Performance of work under this contract must be subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction “ includes, without limitation, direction to the Contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

Technical direction must be within the scope of the specification(s)/work statement. The COR does not have authority to issue technical direction that:

· Constitutes a change of assignment or additional work outside the specification(s)

· Constitutes a change as defined in the clause entitled “Changes”

· In any manner causes an increase or decrease in the agreement price, or the time required for agreement performance

· Changes any of the terms, conditions, or specification(s)/work statement of the agreement

· Interferes with the Contractor’s right to perform under the terms and conditions of the agreement

· Directs, supervises or otherwise controls the actions of the Contractor’s employees.

Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five workdays, with a copy to the contracting officer.

The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his/her designee, falls within the limitations in (c), above, the Contractor shall immediately notify the contracting officer no later than the beginning of the next Government work day.

Failure of the Contractor and the contracting officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

5.3 Key Personnel

The Contractor shall use the key personnel set forth in its quote, upon which award of this order shall be based, for performance of the effort set forth under the contract. In the event that one or more of the personnel are not available, or become unavailable, the Contractor shall furnish substitute personnel of equal or superior relevant skills, which substitutions shall be subject to approval of the Contracting Officer.

5.3.1 Substitution of Key Personnel by Contractor-

The Contractor shall assign to the contract those persons whose resumes were submitted with its offer who are necessary to fill the requirements of the contract. No substitutions shall be made except in accordance with this clause.

The Contractor shall not allow personnel substitutions during the contract performance period unless the Contractor promptly notifies the Contracting Officer, with a copy to the COR, and provides the information required by paragraph (3) below. All proposed planned substitutions must be submitted, in writing, at least fifteen (15) working days in advance of the proposed substitutions to the Contracting Officer, and provide the information required by paragraph (3) below. Unplanned substitutions of key personnel require immediate notification to Contracting Officer, and information required by paragraph (3) below.

All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitutions, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer needed to approve or disapprove the proposed substitution. All proposed substitutions must have relevant qualifications that are equal or superior to the qualifications of the person(s) to be replaced. The Contracting Officer, or an authorized representative, will evaluate such requests and promptly notify the Contractor of approval or disapproval thereof.

For purposes of this contract, Key Personnel are defined as the Contractor’s Project Manager and any Contractor employee responsible for supervising work under this contract.

The Contractor's Key Personnel Project Manager for this contract is (Offeror to provide):

Name: ________________________________ Office No: ___________________Fax No: ________________ E-Mail Address: ____________________________________________

5.4 Reassignment and Replacement of Contractor Personnel

The Government reserves the right to request that the Contractor reassign Contractor employees whose continued use under this contract is deemed contrary to the best interests of the Government. The Contracting Officer will give notice of such reassignment in writing.

In the event the Contractor finds it necessary to replace any of the assigned non-key personnel during the performance of a Task Order, the Contracting Officer and Contracting Officer's Technical Representative shall be notified in writing. In cases of Contractor initiated reassignment of non-key personnel, notice shall be provided at least five (5) calendar days prior to reassignment. Replacement personnel shall meet or exceed the relevant qualifications of the originally assigned non-key personnel. This notice shall also include the resume(s) of the proposed replacement personnel. All replacement non-key personnel are subject to the prior written approval of the FMC’s Program or Project Manager and Contracting Officer.

SECTION 2 CONTRACT CLAUSES

FAR 52.212-2 (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 many determine that an offer is unacceptable if the options 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.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

[x](3) 52.233-4, Applicable Law for Breach of Contract Claim"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] _x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_x_(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

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

_x_ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

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

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).

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

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

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

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

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

__ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[x] 29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

[x] (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[x] (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[x] (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

[x](33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

[x] (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

_x_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

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

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O. 13423 and 13514).

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

__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (43) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (ii) Alternate I (May 2014) of 52.225-3.

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

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

__ (44)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act __ (45) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[x] (46) 52.225-13, Restrictions on Certain Foreign Purchases (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x_ (52) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (53) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_x_ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (56)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

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

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

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

(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.202-1 Definitions November 2013

FAR 52.203-5 Against Contingent Fees (Apr 1984)

FAR 52.203-7 Anti-Kickback procedures (Oct 2010)

FAR 52.216-1 Type of Contract

FAR 52.217-8 Option to extend services

FAR 52.217-9 Option to extend the term of the contract

FAR 52.204-7 System for Award Management

FAR 52.204-9 Personnel Identity Verification of Contractor Personnel

FAR 52.204-13 System for Award Management Maintenance

FAR 52.212-1,3,4,5 are referenced in SF 1449.

(End of clause)

SECTION 3 PROPOSAL INSTRUCTIONS

PART I. GENERAL INSTRUCTIONS

This Request for Quote is for the acquisition of scanning services in accordance with the attached Performance Work Statement. Interest parties are invited to submit a price and separate technical proposal in response to this RFQ.

(1). Proposals are expected to conform to the Request for Quotation (RFQ) provisions and be prepared in accordance with this section. To aid in evaluation, the proposal shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the Offeror, the date, and the RFQ number. Each volume shall be clearly marked by volume number and title.

(2). Proposals may be emailed to Acquisitions@fmc.gov unless otherwise specified, responses to this RFQ may be emailed to the following: JGreene@fmc.gov

(3). All questions concerning this acquisition shall be submitted via email to JGreene@fmc.gov within 5 days from when the RFQ was posted on Fedbizops.

(4). Offeror shall note the response due date cited in block 10 of the Standard Form 1449. Responses must be received by 12:00 p.m. Eastern Standard Time.

52.212-2 Evaluation - Commercial Items. (JAN 1999)

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:

(i) Technical Capability;

1. Experience with providing Laserfiche or similar support services

1. Experience with the FileNet system software is valuable to achieve this re-indexing task.

1. Past Performance Corporate Experience Experience providing similar services

1. Proposed Resume of Key Personnel

(1). VOLUME I BUSINESS PROPOSAL

Volume I, Offer and Other Documents, consists of a signed and completed copy of the Standard Form 1449 and the supporting documentation for the Pricing Schedule (Section 19; 20; 21; 22; 23 and 24 of the form) as needed.

(2). Format and Content.

Volume I, Offer and Other Documents, shall include the following documents (in the order listed):

Proposal Form

(i) Use of the Form - The Proposal Form (Standard Form 18), is to be executed fully and used as the cover sheet (or first page) of Volume I. Include one (1) originally signed copy of the form in the Original Volume I.

(ii) Acceptance Period - The acceptance period entered on the Proposal Form by the Offeror shall not be less than 15 days.

(ii) Signature Authority - The person signing the Proposal Form must have the authority to commit. The Offeror to all of the provisions of the proposal, fully recognizing that the Government has the right, by terms of the RFQ, to make an award without further discussion if it so elects.

(3). Volume II: Technical Proposal

A. General

(1). Volume II - Technical Proposal consists of the Offeror's outline addressing the technical aspects of the acquisition. It should indicate the company's capabilities and the means to be used to satisfy the requirements. It will be evaluated in accordance with the criteria stated below. It should be specific and complete in every detail.

The proposal should be practical and be prepared simply and economically, providing straight forward, concise delineation of what it is the Offeror will provide to satisfy the requirements. Failure to provide technical information may result in the Offeror being removed from consideration.

(2). In order that the Technical Proposal may be evaluated strictly on the merit of the material submitted, no contractual price information is to be included.

(3). The proposal shall not merely offer to provide the required product or service, but shall describe the actual product or service being provided. This may include technical literature.

(4). Summary of Exceptions and Deviations. This section shall identify and explain any exceptions or deviations taken or conditional assumptions made with respect to the technical requirements of the RFQ.

C. Volume III: Price Proposal

Price proposals must generally adhere to the pricing structure established in the Pricing Schedule herein. Each Offeror's price proposal must be based on the Offeror's own technical proposal, the Government's specifications and other contractual requirements. If the prices to be used are based on a published price list, catalog, the Offeror shall so state, and provide a copy of the document with their price proposal.

Offerors are cautioned to submit all questions and or comments only to the Contracting Officer. Failure to comply may result in the Offerors proposal being removed from consideration.

Solicitation No.: FMC-14-RFQ-0005 Page 24 of 28