RFQ 15JA0523Q00000044 - Prosecutorial Case Management System_Final_Signed.pdf

June 1, 2023

Department of Justice (DOJ) Executive Office for U.S. Attorneys (EOUSA) U.S. Attorney Office for the District of Columbia (USAODC)

RE: Request for Quotations (RFQ) No. 15JA0523Q00000044 for Prosecutorial Case Management System Implementation

To Whom It May Concern:

You are invited to submit a quotation in response to the subject RFQ for a new Prosecutorial Case Management System Implementation (PCMS).

The Government has determined this requirement to be a commercial service to be procured under the authorities at FAR 12 and 13.

It is the Government’s intent to award one contract for the services in the included Statement of Objectives (SOO). The contract will be issued to the successful Contractor using a best value trade-off award approach considering price and other factors. To ensure a fair and thorough evaluation, interested quoters are required to provide a response be tailored according to the Quotation Preparation Instructions/Evaluation Criteria contained in the RFQ. The Government will utilize a multi-phased solicitation process in which quoters will be required to submit a limited written quotation package and potentially be invited to participate in oral presentations. See Part IV for additional information regarding the multi-phase quotation process.

Your quotation must be submitted electronically no later than Friday June 30, 2023, at 10:00 a.m. local Eastern Time (ET) (Washington, DC) time. Instructions for the proper preparation and submission of your quotation are set forth in the RFQ.

All questions pertaining to this RFQ must be received by the Contracting Officer no later than 10:00 a.m. local ET (Washington, DC) time on June 9, 2023. EOUSA expects, but does not guarantee, to answer questions submitted by this time. Questions, if answered, will be responded to in the form of an amendment to this RFQ. Instructions for submitting questions are contained in the RFQ.

All communications in response to the RFQ, including questions, shall be directed via e-mail only to stephanie.girard@usdoj.gov and jonathan.mayfield@usdoj.gov. Phone calls or in-person meetings regarding this solicitation will not be accepted.

Sincerely, Stephanie Girard Contracting Officer mailto:stephanie.girard@usdoj.gov mailto:jonathan.mayfield@usdoj.gov

15JA0523Q00000044 Page 2 of 81

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15JA0523Q00000044

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/01/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Jonathan Mayfield Jonathan.Mayfield@usdoj.gov

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

06/30/2023 10:00 ET

CODE 15JA05

Executive Office for United States Attorney

175 N Street NE

6th Floor

Washington, DC 20530-0021

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15JA16CODE15. DELIVER TO

U.S. Attorneys Office District of Columbia Patrick Henry Building 601 D St NW Washington, DC 20530

USADC.acctspayable@usdoj.gov

CODE 15JA0516. ADMINISTERED BY

Executive Office for United States Attorney 175 N Street NE 6th Floor Washington, DC 20530-0021

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15JA16CODE18a. PAYMENT WILL BE MADE BY

U.S. Attorneys Office District of Columbia Patrick Henry Building 601 D St NW Washington, DC 20530

USADC.acctspayable@usdoj.gov

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

OFFER SEE ADDENDUM

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

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

U.S. Attorney's Office - District of Columbia

Request for Quotations (RFQ) No. 15JA0523Q00000044 for Prosecutorial Case Management System Implementation.

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

Stephanie Girard

31c. DATE SIGNED

06/01/2023

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

15JA0523Q00000044 Page 3 of 81

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 11/2021) BACK

PART I

OVERVIEW

A. BACKGROUND

The Department of Justice (DOJ) United States Attorneys’ Office for the District of Columbia’s (USAO-DC’s) requires a FedRamp certified, software as a service (“SaaS”) solution for a new Prosecutors’ Case Management System (PCMS). USAO-DC requires the services of a contractor to provide a PCMS that can be customized, as well as the services required to implement and support the system. This project will include extensive collaborative partnering and iterative development efforts working directly with the USAO-DC and the Executive Office for U.S. Attorneys (EOUSA) personnel to ensure all needs are met.

The purpose of the PCMS Implementation project is to provide improved usability and easy access to all case and case-related data to accelerate routine prosecutorial tasks so that the U.S. Attorney (USA) and Assistant U.S. Attorneys (AUSAs) may more efficiently complete mission-critical work. The PCMS procurement must provide a product with a sound interfacing platform service upon which the USAO-DC’s existing databases and associated legacy data may be migrated to permit updated interfacing capabilities to send, receive, store, and process critical criminal justice data.

B. PROJECT OBJECTIVES

The purpose of this contract is to acquire collaborative platform development services for the USAODC in order to accomplish the below identified Project Objectives. See Attachment A – Statement of Objectives for additional detailed project information.

Project Objective # 1 Create a “person-centric” case and records management system to allow for examination of an individuals’ case history, whether they were a witness, perpetrator, and/or victim, as well as tracking of discovery communications.

Project Objective # 2 Streamline and automate the process for case screening, intake, charging, and prosecution with all-inclusive case tracking and customization capabilities.

Project Objective # 3 Exercise PCMS APIs to programmatically insert external data into and extract data from PCMS so as to maintain the current exchange of information from and to other agencies.

Project Objective # 4 Enable higher visibility into case management data for both historical and active data analysis to support process improvement insights, charging decisions, plea bargaining, and disclosure obligation compliance.

Project Objective # 5

Implement case document management, digital evidence management, and secure file exchange that provides efficient access, review, and ultimately disclosure to third parties (e.g., defense attorneys). This may be fulfilled by tools native to PCMS implementation, or through PCMS APIs that enable integration with third party tools like Evidence.com©, Box©, and an EDMS (e.g., NetDocuments©).

C. SPECIAL REQUIREMENTS

C.1. Collaborative Phased Approach

The Contractor will work in a team-based collaborative environment. The Contractor will create and maintain system roadmaps, project plans, and product and release backlogs that will be the basis for the contractor’s work. The USAODC will designate two Assistant U.S. Attorneys (AUSAs) who will act jointly in the role of Product Owners for all requirements under this Contract. These individuals will specify high-level requirements of the Government and Contractor team. The Product Owners will work together with the team to develop and estimate work tasks and establish deliverables and acceptance criteria for each Phase. These acceptance criteria will specify expected functionality for each PCMS elements to be addressed within the given Phase, as well as any non-functional requirements that must be met in the development of the iterative system components.

The Product Owners, supported by SMEs and other Government personnel as may be necessary, will determine whether or not acceptance criteria have been satisfied. At no time shall the Contractor proceed onto the next Phase, or any identified task or deliverable contained therein, until the Product Owners have issued acceptance of the prior Phase tasks and deliverables. See Project Deliverables section below for additional information.

C.2. Project Deliverables

The Government has provided a list of required task functionality arranged by Project Objectives (see Appendix D – PCMS Requirement Traceability Matrix). The Contractor shall provide with its quotation a suggested chronological outline of deliverables and major milestones, divided by phase, to be developed and delivered throughout the course of the performance. This product roadmap will serve to guide the project and will be updated and revised throughout performance. The roadmap is considered to be a living document. The Product Owners must approve specific plans for each phase, establish priorities for each phase, approve project roadmap plan revisions as phases are completed, and approve each iterative elements of working PCMS programming to determine when it meets stated requirement criteria. All deliverables shall, at a minimum, be clear and concise, comprehensive with respect to all relevant aspects of the subject matter, and sufficiently detailed to provide a full understanding of the conclusions and/or recommendations contained therein.

If a deliverable due date falls on a Saturday, Sunday, or Federal holiday, the due date for that deliverable shall be the next business day. Unless otherwise specified, written deliverables shall be submitted to the Contracting Officer’s Representative (COR) electronically in a format agreeable to the COR (e.g., Word, Excel, PowerPoint, .pdf, etc.). Additionally, a copy of each deliverable shall be provided electronically to the Contracting Officer. All deliverables are considered “draft” until the Contractor receives notification that they are accepted from either the COR or Contracting Officer. If the COR or Contracting Officer provides comments on any deliverable, the Contractor shall submit a final version of the deliverable that fully incorporates all comments, within one (1) week of receipt of the comments, unless otherwise required.

C.3. Iterative Development

Through highly disciplined time-boxed phases (or iterations), the Contractor shall ensure each Phase results in useable product output which will be built upon in an iterative manner throughout the whole of contract performance. The Government and the Contractor shall work together to manage risk by ensuring progress is continually monitored in real time, including with the direct involvement of end-users, and that all identified requirements and key deliverables are accomplished timely and result in useable PCMS functionality.

C.3.1. PCMS Requirements Traceability Matrix. Requirements within each deliverable area of each Project Objectives shall be defined at the beginning of each phase (iteration) through “user stories” or outcomes as depicted on Appendix D– PCMS Requirements Traceability Matrix. Each outcome defined therein describes a feature or capability that has been determined necessary by the Government from the user’s perspective.

C.3.2. Definition of Completion. To ensure successful, achievable results and working iterative development throughout performance prior to commence of each new Phase, the Government and Contract must ensure the “definition of done” for each Phase (and within each Phase, each Requirements Traceability Matrix item) is clear, comprehensive, and objective. This definition shall be established post-award at the beginning of each sprint (Phase).

C.3.2.1. At a minimum, the Contractor will be considered “done” if working software or system functionality has been produced that meets the set of criteria that the Government will use to evaluate the Contractor’s demonstration of packaged, documented, tested, independently verified, and releasable system functionality of the items outlined in the Appendix D – PCMS Requirements Traceability Matrix.

The capacity of the application shall be such that all users are able to access and use it as intended for purposes of the USAODC PCMS. To be considered successful, the Contractor must also meet cost and schedule goals.

C.3.3. Phase Zero. Because of the extensive legacy data associated with this requirement that must be migrated, integrated and assimilated into the new PCMS, the Government proposed the use of a Phase Zero before any Phased programming efforts. This will be a preliminary sprint (iteration) exclusively dedicated to preparing for the first sprint where the requirements identified on Appendix D – PCMS Requirements Traceability Matrix will be programmed. The goal is to create a basic framework and baseline for the project so future sprints can add incremental value in an efficient way.

C.4. Testing. Testing shall be an integral part of each phase – from the outset of the project and the beginning of system development. Standard performance metrics shall be used to measure cost and schedule performance and maximize Contractor efficiency. Each Phase must pass user testing and result in functional, useable components of the PCMS.

C.5 Reporting Requirements

The Contractor shall provide written progress/financial status reports when it submits its monthly invoice. Monthly reports shall be submitted to the COR electronically in a format agreeable to the COR (e.g., Word, Excel, PowerPoint, .pdf, etc.). Additionally, a copy of each report shall be provided electronically to the Contracting Officer. These reports shall be for the period reflected in the invoice and must include, at a minimum, the following information for each open task:

C.5.1. For firm-fixed-price tasks:

a. Report of all action items (both government and contractor), in a form and substance agreeable to the Contracting Officer and the COR;

b. Work completed during the reporting period; and,

c. Issues and risks identified and plan for addressing them.

d. Phase % Complete;

Example – Percentage of completion to date

e. Phase Budget % Complete;

Example – Percentage of budget spent to date

f. Phase Schedule % Complete.

Example – Time spent to date based on estimate

C.5.2. For time-and-materials tasks:

a. Report of all action items (both government and contractor), in a form and substance agreeable to the Contracting Officer and the COR;

b. Work completed during the reporting period;

c. Issues and risks identified and plan for addressing them;

d. Labor hours expended by labor category (current period and cumulative);

e. Amount of funds expended (current period and cumulative);

f. Amount of funds remaining under the task order; and,

g. Total cost estimate through completion of the task order period of performance;

h. Phase % Complete;

Example – Percentage of completion to date

i. Phase Budget % Complete;

Example – Percentage of budget spent to date

j. Phase Schedule % Complete.

Example – Time spent to date based on estimate

PART II

ADDITIONAL TERMS AND CONDITIONS

A. PRICING

As part of the quotation process, the Contractor shall propose a pricing structure, including proposed phases and contract type (firm fixed price or time & material or labor hour). The Offeror shall submit their proposed CLIN structure in a manner that represents agile software development methodology in which iterations are priced. A sample proposed Schedule is provided below which includes the following contract line-item numbers (CLINs):

• “Phase Zero” CLIN: This phase is intended to permit the Government and Contractor team to validate and prioritize Government objectives in Appendix D – PCMS Requirements Traceability Matrix, review existing database configurations and data, assess migration efforts, identify potential obstacles and issues, created initial project timelines, and define deliverables.

• Baselining effort CLIN: Upon completion of the initial Phase Zero, the Government and the Contractor shall mutually agree upon the team’s capacity. As part of baselining the team’s anticipated performance for future phases, the Contractor will undertake actions to implement its proposed methodology; operate under the proposed method through several iterations. At the conclusion of this effort, the Government and Contractor will define and agree to mutually agreed Phase capacity.

• Phases: Upon completion of both Phase Zero and the Baselining effort – the final quantity of actual Phases (wherein PCMS components and capabilities will be iteratively developed, tested, and released) will be determined based on the agreed upon capacity.

o The Government and the Contractor will review the available budget remaining in order to determine how many Phases can be awarded and prioritize the backlog of requirements from Appendix D – PCMS Requirements Traceability Matrix.

o Each Phase must be clearly defined; the goal of each Phase deliverable is to have working components of the PCMS that has undergone testing and quality assurance.

An example of a Phase deliverable is as follows:

Phase X: Includes analysis, design, development, testing, QA, documentation, and production of releasable code/software/component of Traceability Matrix Requirements 1 – 3, 10, 44 and 102 completed in a 3-week iteration.

SAMPLE – PCMS Contract Price Schedule

Item No. Supplies/Services Quantity Unit Unit Price Amount

BASE TERM Phase Zero – Data Review, Migration Estimation, Requirements Prioritization

Contract Type: Labor Hour

Period of Performance: 180 days (6 months)

TBD HR $ $

BASE TERM Baselining Effort

Contract Type: Labor Hour

Period of Performance: 90 days (3 months)

TBD HR $ $

BASE TERM Phase 1

Contract Type: Firm Fixed Price

Period of Performance: ## days (TBD months)

1 L.S. $ $

BASE TERM Phase 2

BASE TERM Phase 3

INCENTIVE AWARD TERM (or Option)

Period of Performance: 180 days (6 months)

B. PAYMENT SCHEDULE

The contractor shall be paid upon the completion of each iteration upon its acceptance and verification by the Product Owners and approval from the Contracting Officer’s Representative (COR). Invoices shall be submitted at the end of each iteration in accordance with the delivery schedule as established in the Performance Work Statement.

C. AWARD TERM INCENTIVE

The purpose of the Award Term Incentive is to incentivize superior performance and delivery by offering an additional period of performance. Following the base period, the Government will offer one (1) Award Term Incentive and two (2) additional options pending availability of funds.

3.1. Award Term Incentive

An Award Term Incentive of six (6) months following the initial base period may be authorized under this Contract. This Award Term Incentive may only be awarded for an overall “Excellent” performance rating based on metrics that are determined to be in the best interest of the Government.

The Government will appoint an Award Term Determining Official (ATDO) who will provide the official performance review and approval for an Award Term Incentive Option to be exercised. The ATDO in conjunction with the Contracting Officer will make the Government’s unilateral decision as to the exclusion of any portion of the performance period from the decision on whether or not to award the Award Term Incentive.

3.1.1. Award Term Incentive Plan

As part of their Quality Assurance Surveillance Plan (QASP), quoters should propose an Award Term Incentive Plan that explains how the Contracting Officer and the ATDO will determine whether or not the contractor’s performance is “Excellent.” This proposal should include the criteria the Contracting Officer and the ATDO should consider and what the definition of “Excellent” should be under these criteria.

Acceptance of this Award Term Incentive Plan is at the Government’s sole discretion. The Contracting Officer will notify the contractor within two (2) weeks of award whether or not the Award Term Incentive Plan has been accepted. If it is rejected, the Government will replace the proposed Award Term Incentive Plan with a new version. This new Award Term Incentive Plan will be unilaterally determined by the Government.

3.2. Options

In the event an Award Term Incentive is not earned following the base period, the Government reserves the right to determine whether to extend services by exercising up to two (2) 6-month option period, and/or a Continuity of Service Clause for transition, and/or an Extension of Services Clause based upon the need at the time. If an Award Term Incentive is earned following the base period, the Government has the right to determine whether to extend services after the Award Term Incentive by exercising one 6-month option periods, and/or a Continuity of Service Clause for transition, and/or an Extension of Services Clause based upon the need at the time. The options will be priced based on the accepted Base Term Phase price.

D. OTHER DIRECT AND TRAVEL COSTS

The Contractor shall not incur any other direct costs (e.g., travel) without prior written authorization from the Contracting Officer. If travel is approved, costs for transportation, lodging, meals and incidental expenses incurred by contractor personnel are allowable subject to FAR 31.205-46, Travel Costs. Travel costs will be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulation. The Contractor may invoice travel time providing said time is within the days and hours of the regularly scheduled administrative workweek of the employee. The Government will not provide reimbursement of transportation costs incurred for local travel (e.g., commuting to and from the Government Headquarters and USAODC buildings located in Washington, DC).

E. PERIOD OF PERFORMANCE

The government anticipates an initial 18-month Base Term effort and includes one 6-month Phase Zero, one 3-month Baselining Phase and an estimated three 3-month Base Term Phases. The contract may also include up to two (2) six-month option periods. The total duration of this contract including the exercise of any options and/or award of an Award Term Phase shall not exceed thirty

(30) months unless otherwise amended by the Contracting Officer.

The term shall not be considered extended unless and until the contractor receives notification of the extension as evidenced by a modification signed by the Contracting Officer.

F. FAR 52.217-8 OPTION TO EXTEND SERVICES

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 30 days.

G. FAR 52.217-9 OPTION TO EXTEND THE TERM

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

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

The total duration of this contract, including the exercise of any options under this clause, shall not exceed 30 months.

H. KEY PERSONNEL

The Contractor shall identify its proposed Key Personnel for this effort which shall include at a minimum: Lead Project Manager (Primary POC), Development Lead, and Senior Systems Analyst.

Any replacement of key personnel must be supported by a resume, submitted to the Contracting Officer, prior to the date the individual starts work under the Contract. The resume must demonstrate that the replacement is qualified to perform the work for which he or she is proposed and has experience and skills at least comparable to the replaced key person. Any replacement is subject to disapproval by the Contracting Officer. In the event a replacement candidate is disapproved, the Contractor shall take immediate action to locate and propose another candidate.

The Contractor shall also replace any or all of its key personnel, if directed by the Contracting Officer. In those cases, the replacement procedures established by this clause shall be followed.

The following requirements related to personnel must be met:

i) The Contractor shall assign to perform this Contract those persons whose résumés are submitted with its quote and who are identified in the Contractor’s proposal as Key Personnel. If an individual proposed as Key Personnel becomes unavailable during the course of solicitation phase, the Offeror will notify the Contracting Officer immediately and provide a substitute and their résumé.

ii) The Contractor agrees that during the first six (6) months of performance after Award, no Key Personnel substitutions will be made unless necessitated by an individual’s sudden illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide a resume for the proposed replacement for Government approval. No substitutions of Key Personnel shall be made except in accordance with this provision.

iii) After the initial six-month period of performance, the Contractor must obtain Government approval of any substitution of Key Personnel prior to removing the approved Key Personnel from performance. All proposed substitutions must be submitted, in writing, to the Contracting Officer at least 30 days in advance of the proposed substitution.

iv) All requests for substitutions/additions of Key Personnel must include a detailed explanation of the circumstances necessitating the proposed substitution or addition, a complete résumé for the proposed substitute or addition including skills, experience, education, training, and security level. As determined by the Contracting Officer, all proposed substitutes must have qualifications that meet or exceed the qualifications of the person to be replaced.

v) The Government will evaluate the request(s) for substitutions of Key Personnel and the Contracting Officer will notify the Contractor, in writing, of approval or disapproval.

Disapproval of the proposed individual(s) shall not provide grounds for nonperformance by the Contractor or form the basis of any claim for monies, delivery schedule extension, or any other equitable adjustment.

vi) The personnel set forth below shall comprise the list of Key Personnel required to perform under this Contract. The list may be modified in accordance with the above, to substitute or add personnel:

Labor Category Key Personnel Name

NOTE: At a minimum, a Lead Project Manager, Development Lead, and Senior Systems Analyst must be identified and designated as Key Personnel. The Development Lead will be a direct liaison to the Government, namely the Product Owners. The Lead Project Manager must be a senior staff member and is responsible for the supervision and management of the Contractor’s personnel, technical assistance, and interface and compliance with instructions from AGENCY’s COR.

I. Section 508 Accessibility Standards Notice

All deliverables (including, but not limited to, electronic and information technology (EIT)) procured through this Contract must meet the applicable accessibility standards at 36 CFR § 1194, U.S.

Architectural and Transportation Barriers Compliance Board (Access Board) under the authority of Section 508 of the Rehabilitation Act Amendment of 1998, unless an agency exception to this requirement exists. 36 CFR § 1194, U.S. Architectural and Transportation Barriers Compliance Board (Access Board) is viewable at http://www.section508.gov. The Contractor shall indicate for each line item in the schedule whether each product or service is compliant or noncompliant with the accessibility standards at 36 CFR § 1194. Further, the proposal must indicate where full details of compliance can be found (e.g., vendor’s website or other exact location).

J. Non-Disclosure Policies

The work to be performed by and the data released to the Contractor’s personnel shall be treated as sensitive and confidential in nature and is not to be discussed with or released to anyone except AGENCY employees assigned to work with the Contractor and other Contractor personnel working on the Contract. The Contractor is responsible for requiring all of its employees working under this Contractor, who have access to privileged information under this Task Order, to execute all Certifications required by the AGENCY. The AGENCY, as it deems appropriate, may require additional certifications be completed by the Contractor at any time during performance. See also Clause DOJ-2 below.

K. Contractor Use of Commercial Computer Software, Including Open-Source Software

Open-source software is often licensed under terms that require a user to make user’s modifications to the open-source software or any software that the user combines with the open-source software freely available in source code form pursuant to distribution obligations in the license. In cases where the Contractor proposes to use the open-source software while performing under this Contract, regardless of whether the open-source software is delivered, the Contractor shall not create, or purport to create, any Government distribution obligation with respect to Government computer software deliverables. Prior to using any commercial computer software, including open-source software which is considered commercial computer software, the Contractor shall evaluate each license for commercial computer http://www.section508.gov/ software, and confirm that each of the following requirements is satisfied:

1) A license for a particular commercial computer software shall be compatible with all licenses for other commercial computer software that are or will be linked to, adapted to, integrated, combined, or merged with the particular commercial computer software, including when the particular commercial computer software and the other commercial computer software are used with another computer program

2) A license for commercial computer software shall not impose a future Government obligation that is foreseeable by the Contractor

3) A license for commercial computer software shall not be terminated by the Contractor’s use of the commercial computer software in performing under the contract

4) Contractor’s cost to comply with this requirement presents no additional costs to the Government

If, as a result of the Contractor’s evaluation, the Contractor satisfies all of the requirements in the paragraphs above, then the Contractor shall provide a written summary report of the above findings to the Contracting Officer stating that the Contractor has evaluated the commercial computer software use and the commercial computer software license, and made each determination required in the paragraphs above. The Contractor shall request permission from the Contracting Officer to use the proposed commercial computer software. This notification shall include all information regarding the identification and proposed use(s) of the commercial computer software.

If the Contractor is unable to satisfy all of the requirements in the paragraphs above for a particular commercial computer software license, then the Contractor may not use the commercial computer software covered by the particular license without prior written approval of the Contracting Officer. If the Contractor wants to use the commercial computer software for which the requirements in the paragraphs above within this section are not satisfied, the Contractor shall request approval to use the otherwise prohibited subject commercial computer software from the Contracting Officer by providing written notification addressing the following:

1) The name and version number of the software;

2) The name of applicable license(s);

3) A brief description of the technical use and implementing approach

4) A “yes/no” indication as to whether the Contractor has made, or will make, any modifications to the source code;

5) The software website; and

6) An identification of the reason(s) that the Contractor was unable to make the determination in the paragraphs above.

L. IDENTIFICATION OF CONTRACTOR PERSONNEL AND WORK PRODUCTS

All Contractor personnel working at Agency and attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties shall identify themselves as employees of the contractor. E-mails and voice mail greetings shall specifically identify contractor personnel as employees of the contractor.

The Contractor shall also ensure that all documents and reports it produces or participates in producing are marked as contractor products or that Contractor participation is appropriately marked thereon.

M. OBSERVANCE OF LEGAL HOLIDAYS AND/OR FEDERAL NON-WORKDAYS (ERM)

For task orders that require work to be performed at Agency’s facility, the contractor shall establish a standard holiday schedule that exactly coincides with the Government’s schedule for employees working on Government sites. Holidays are currently observed as listed below.

Work performed on holidays and other non-work time is not billable unless it is specifically requested by the COR or the Contracting Officer, approved in advance, and performed on these days.

(1) New Year’s Day

(2) Martin Luther King’s Birthday

(3) President’s Day

(4) Memorial Day

(5) Juneteenth

(6) Independence Day

(7) Labor Day

(8) Columbus Day

(9) Veteran’s Day

(10) Thanksgiving Day

(11) Christmas Day

For labor hour or time-and-materials CLINs, the Contractor shall only be paid for staff time actually worked in performing the requirements of the Contract. The Contractor shall not be paid for onsite staff time when administrative leave is granted to Federal employees and Contractor personnel are not performing work for the Contract. During administrative leave situations, the Contractor shall only be paid for staff time worked if the COR provides advance approval for the onsite contractor performance and provides for onsite oversight by appropriate Government personnel at such time.

N. GOVERNMENT RIGHTS IN DATA

The Government shall have unrestricted rights in all documentation and other data developed by the Contractor under this Contract, as described in FAR Clause 52.227-14, Rights in Data-General (May 2014), which is incorporated herein by reference.

15.1. Title to Materials Shall Vest in the Government

All hardware, software, materials, products, licenses, source code, data, and information produced and/or furnished to the Government under this Contract shall become the property of and remain with the Government upon delivery and acceptance by the Government. This shall include but not be limited to the following: plans, systems analysis, design specifications, drawings, completed programs and documentation thereof, reports and listings, all tapes, disk files, and other items pertaining to the work and services to be performed pursuant to the Contract. The Government shall have unlimited rights to use, disclose, reproduce, prepare derivative works, and distribute copies to the public of such hardware, software, materials, products, licenses, source code, data, and information in any manner and for any purpose, and to have or permit others to do so, without compensation to or approval from the Contractor.

All hardware, software, materials, products, licenses, source code, data, and information produced or acquired with Contract funds, or under the Contractor’s control as Government Furnished Property or

Materials, shall be turned over to the Government (or a new contractor, as applicable) in good condition.

All data and supporting documentation shall be submitted or furnished to the Government, including the website, application, data files, analytic data files (with associated instructions and codebook listing and defining all variables), and public use data files with associated documentation. Analytic files (where source files are reduced in volume and tailored to specific analyses), data analytic programs and results produced under auspices of this project shall be property of the Government. All information and materials including data developed under this Contract are the property of the Government and shall be delivered as part of the transition and turnover at the end of the Contract.

15.2. Limited Use of Data

Performance of this Contract may require the contractor to access and use data and information proprietary to the Government, which is of such a nature that its dissemination or use, other than in performance of this Contract, would be averse to the interests of the Government.

The Contractor and/or contractor personnel shall not divulge, or release data or information developed or obtained in performance of this Task Order until made public by the Government, except to authorized Government personnel or upon written approval by the Contracting Officer. The Contractor shall not use, disclose, or reproduce data identified as proprietary, other than as required in the performance of this Contract. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner which provides for greater rights to the Contractor.

The Contractor shall release all required deliverables and data, or other works developed under this Contract solely in accordance with the terms and conditions of this Contract. All data collected and remaining in the custody of the Contractor at the close of this Contract that permits identification of an individual or entity described in the data, or an individual supplying it, must be delivered to the COR or destroyed, in accordance with the terms of the Transition Plan. No copies or parts of data, derivative files (encrypted and/or individually identifiable) may be kept by the contractor.

O. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

Information systems that are designed or developed for or on behalf of the Government at non- Governmental facilities shall comply with all Government policies developed in accordance with Federal Information Security Management Act (FISMA), National Institute of Standards and Technology (NIST), and related Government security and privacy control requirements for Federal information systems. This system shall be required to be FedRAMP certified. This includes information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization.

The security controls must be designed, developed, approved by the DOJ, and implemented in accordance with the provisions of security system development life cycle as outlined in NIST Special Publication 800-37.

The Contractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies --

i. The systems of records; and

ii. The design, development, or operation work that the Contractor is to perform.

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and,

(3) Include this Privacy Act clause, including this subparagraph in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

P. INHERENTLY GOVERNMENTAL FUNCTIONS

No inherently governmental functions as defined in FAR 2.101 and FAR 7.5 shall be performed by the Contractor under this Contract. Contractor employees shall not participate in any deliberations or meetings intended to exercise an inherently governmental function. All final determinations such as binding the United States to take or not to take some action, selecting program priorities, and providing direction to Federal employees shall be made by the government. The Contractor shall immediately notify the COR and the Contracting Officer if an activity would result in the performance of an inherently governmental function.

Q. NON-PERSONAL SERVICES CONTRACT

In accordance with FAR 37.101, this Contract is a non-personal services contract. Contractor personnel rendering the services shall not be subject, either by the Contract's terms or by the manner of its administration, to the continuous supervision and control of a Government officer or employee. The Contractor shall immediately notify the COR and the Contracting Officer if, through contract administration, the actions of a government employee will result in the performance of personal services as described in FAR 37.104.

R. CONTRACTOR TRAINING

All costs associated with training required to make a Contractor employee qualified to perform any given task under this Contract shall be borne by the Contractor. Additionally, any costs associated with Contractor employees obtaining or retaining any certification or license shall be borne by the Contractor.

Part III

LIST OF ATTACHMENTS

ATTACHMENT

DESCRIPTION

A Statement of Objectives

Appendix A: High Level Architecture Diagrams

Appendix B: Required Reports Index .xlsx

Appendix C: Required Forms Index .xlsx

Appendix D: PCMS Requirements Traceability Matrix (RTM) (attached)

Appendix E: DOJ Cybersecurity Program Order 0904 (attached)

Appendix F: Expected Data Element Requirements (attached)

Appendix G: Example Workflow Processes

Appendix H: FY202 DOJ Vulnerability Prioritize Plan

Appendix I: Internal Data Interfaces (attached)

Appendix J: External Data Transactions (attached)

B Solicitation Package Checklist

PART IV

Clauses and Provisions

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52.212-4 Alt I Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022) - Alternate I (Nov 2021)

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance.

The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit.

Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. _______________ [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may--

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to--

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

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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 Federal Acquisition Regulation…