USCA18R0090.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

USCA18R0090 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

07/17/2018

6. REQUISITION/PURCHASE NUMBER

NST180016

CODE PMD

Procurement Management Division Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 3-250 Washington, DC 20544-0001

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

N/A 14:00:00 08/30/2018

(Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 3-100. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

Manish Patel AREA CODE

NUMBER

502-3258

EXT.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

manish_patel@ao.uscourts.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES CONTRACT

B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE

L INSTRS., CONDS., AND NOTICES TO OFFERORSG CONTRACT ADMINISTRATION DATA

M EVALUATION FACTORS FOR AWARDH SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes a minimum offer acceptance period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDER DAYS(%) 20 CALENDER DAYS(%) 30 CALENDER DAYS(%) CALENDAR DAYS

NUMBER PERCENTAGE

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE AFSD Accounting Division, DAS-BAPO-ACC Administrative Office of the United States Courts One Columbus Circle, N.E., Suite 5-300 Washington, DC 20544-0001

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

Judiciary Standard Form 33 (REV. 10-12)

USCA18R0090 - Page 1 of 32

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B-2 Contract Type B-3 Pricing

C Descriptions/Specifications/Statement of Work C-1 Statement of Objectives

D Packaging and Marking E Inspection and Acceptance

2-5B Inspection of Services F Deliveries or Performance

2-60 Stop-Work Order 7-200 Judiciary Delay of Work F-1 Deliverables F-2 Place of Performance F-3 Term of the BPA

G Contract Administration Data 3-305 Payment by Electronic Funds Transfer-System for Award Management (SAM) Registration ...10 7-1 Contract Administration 7-125 Invoices 7-125 Alt I Invoices 7-5 Contracting Officer's Representative 6-20 Insurance-Work On or Within a Judiciary Facility 7-10 Contractor Representative G-1 Authorized Issuers G-2 Ordering Procedures

H Special Contract Requirements 1-1 Employment by the Government 7-45 Travel 7-55 Contractor Use of Judiciary Networks 2-65 Key Personnel 7-50 Parking H-1 Government Furnished Information and Equipment H-2 Incremental Funding H-3 Clause 7-35 Disclosure and Use of Information and Clause 6-60 Rights in Data-General H-4 Indemnity, Software, and Data Rights H-5 Continuity of Operations

I Contract Clauses 1-10 Gratuities or Gifts 1-15 Disclosure of Contractor Information to the Public 1-5 Conflict of Interest 2-140 Judiciary IT Security Standards 2-50 Continuity of Services 2-55 Privacy or Security Safeguards 2-80 Judiciary Property 3-105 Audit and Records 3-120 Order of Precedence 3-140 Notice to the Judiciary of Labor Disputes 3-205 Protest after Award 3-25 Protecting the Judiciary's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 3-300 Registration in the System for Award Management (SAM) 3-35 Covenant Against Contingent Fees 3-40 Restrictions on Subcontractor Sales to the Judiciary 3-45 Anti-Kickback Procedures 3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 3-55 Price or Fee Adjustment for Illegal or Improper Activity 4-30 Payment (Time-and-Materials and Labor-Hour Contracts) 4-30 Alt I Payment (Time-and-Materials and Labor-Hour Contracts, Alt I 4-60 Allowable Cost and Payment 4-65 Fixed Fee 4-75 Cost Contract-No Fee 4-80 Cost-Sharing Contract - No Fee

USCA18R0090 - Page 2 of 32

4-85 Limitation of Cost 4-90 Limitation of Funds 5-20 Records Ownership 5-30 Authorization and Consent 6-110 Deferred Ordering of Technical Data or Computer Software 6-25 Insurance-Liability to Third Persons 6-40 Federal, State, and Local Taxes 6-65 Rights in Data-Special Works 6-85 Commercial Computer Software License 6-90 Notice and Assistance Regarding Patent and Copyright Infringement 6-95 Patent Indemnity 7-100B Limitation of Liability (Services) 7-110 Bankruptcy 7-130 Interest (Prompt Payment) 7-135 Payments 7-140 Discounts for Prompt Payment 7-15 Observance of Regulations/Standards of Conduct 7-150 Extras 7-160 Limitation on Withholding of Payments 7-165 Penalties for Unallowable Costs 7-170 Notice of Intent to Disallow Costs 7-175 Assignment of Claims 7-185 Changes 7-185 Alt I Changes 7-185 Alt II Changes 7-195 Excusable Delays 7-20 Security Requirements 7-205 Payment for Judiciary Holidays 7-210 Payment for Emergency Closures 7-215 Notification of Ownership Changes 7-220 Termination for Convenience of the Judiciary (Fixed Price) 7-225 Termination (Cost-Reimbursement) 7-225 Alt I Termination (Cost-Reimbursement) 7-230 Termination for Default - Fixed-Price Products and Services 7-235 Disputes 7-25 Indemnification 7-30 Public Use of the Name of the Federal Judiciary 7-35 Disclosure or Use of Information 7-40 Judiciary-Contractor Relationships 7-65 Protection of Judiciary Buildings, Equipment, and Vegetation 7-70 Judiciary Property Furnished "As Is" 7-80 Competition in Subcontracting 7-85 Examination of Records 3-145 Payment for Overtime Premiums 4-70 Incentive Fee 6-95 Alt I Patent Indemnity 7-155 Certification of Final Indirect Costs 7-75 Subcontracts B-5 Clauses Incorporated by Reference

J List of Attachments J-1 Attachments

K Representations, Certifications and Other Statements of Offerors or Respondents 3-15 Place of Performance 3-130 Authorized Negotiators 3-20 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters 3-30 Certificate of Independent Price Determination 3-5 Taxpayer Identification and Other Offeror Information

L Instructions, Conditions and Notices to Offerors or Respondents 3-100 Instructions to Offerors 3-85 Explanation to Prospective Offerors 3-95 Preparation of Offers 7-60 Judiciary Furnished Property or Services 3-210 Protests 4-27 Time-and-Materials/Labor-Hour Proposal Requirement - Competitive Pricing

USCA18R0090 - Page 3 of 32

B-1 Solicitation Provisions Incorporated by Reference L-1 Instructions

M Evaluation Factors for Award 3-70 Determination of Responsibility M-1 Evaluation Criteria

USCA18R0090 - Page 4 of 32

Section B - Supplies or Services and Prices/Costs

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0001 JDAO BPA 0 Service

B-2 Contract Type

This is an open market blanket purchase agreement (BPA). This BPA does not obligate any funds. The Judi-ciary is obligated only to the extent of authorized BPA calls issued against this agreement.

BPA calls issued may be firm fixed price, time and materials (T&M), cost reimbursable, or a combination of these if appropriate.

B-3 Pricing

Attachment A - BPA Pricing Sheet establishes the labor categories and rates for this agreement. These prices are in effect for the term of the BPA.

Section C - Descriptions/Specifications/Statement of Work

C-1 Statement of Objectives

1.0 BACKGROUND

The Administrative Office of the United States Courts (AOUSC) is the administrative agency of the United States federal court system. The AOUSC is the central support entity for the federal judicial branch. It provides a wide range of administrative, legal, financial, management, program, and information technology services to the federal courts. The agency has approximately 1,000 employees who provide support to approximately 30,000 court employees in over 600 locations.

The Judiciary Data & Analysis Office is responsible for several mission critical initiatives, many of which dir-ectly support the Director’s Data Strategy and Governance Plan, which include activities and tasks related to en-terprise data management, data quality, data governance and increased visibility into and access to federal stat-istical caseload data.

2.0 SCOPE

The scope of this agreement is to support the implementation of enterprise data governance and enterprise data management requiring the contractor to create a consolidated and integrated enterprise data warehouse, as well as improved data quality, data understanding, and visibility utilizing a visualization tool.

3.0 FUNCTIONAL AREAS

The following are functional areas describing the services the contractor shall perform:

Functional Area 1: Business Analysis, Architecture, and Development:

Business Analysis and Development shall require the contractor to work directly with court and AOUSC stake-holders to ensure proper understanding of the business requirements in order to develop technology solutions that adhere to industry best practices.

• The contractor shall review, evaluate, and document existing systems and systems under development to

USCA18R0090 - Page 5 of 32 determine if systems meet current requirements and standards and ensure that systems are scalable and can be easily adapted to meet future development and integration efforts.

• The contractor shall design and develop the technical architecture necessary to establish an integrated enter-prise data warehouse and business applications, which includes seamless data integration with other exist-ing systems.

• The contractor shall provide secure mechanisms to allow data exchange and interaction with external sys-tems through web services, API’s or other methods.

• The contractor shall work with stakeholders and technology professionals to properly understand business requirements and develop an industry best practice approach to technology solutions.

• The contractor shall develop, test, stage, and release new modifications by applying iterative processes en-abling a frequent release cycle.

• The contractor shall design and develop solutions that offer role based identity access and authentication management across the enterprise data warehouse, systems and business applications. The contractor shall ensure all content and activities are traceable to specific persons.

• The contractor shall ensure that the integrated enterprise data warehouse, business applications, systems and content is preserved according to security best practices, which includes ensuring the protection of sensitive data, which includes the data encryption.

• The contractor shall ensure that the development of the integrated enterprise data warehouse, business ap-plications, and all content are developed according to application response times that fall within best prac-tice levels.

• The contractor shall provide comprehensive documentation and information necessary to analyze processes, procedures, and/or policies that were implemented in the creation of the integrated enterprise data ware-house, business applications, and systems.

• The contractor shall develop system configuration in a way that would enable maximum re-use and sharing across the enterprise platform by other departments and offices.

• The contractor shall provide technical and end-user documentation for all software development efforts and product releases with all information necessary to document processes, procedures, code artifacts, and/or policies that were implemented in the creation of the development work products.

• The contractor shall turn over all architecture and development related outputs, products, and services to the government.

Functional Area 2: Enterprise Data Management and Security:

Data management and security shall include database architecture, data import/export tasks, data migration ef-forts, establishing security policies around data encryption, integration and implementation.

• The contractor shall provide database architecture subject matter expertise for the integrated enterprise data warehouse, business applications, and systems.

• The contractor shall include database performance and impact in all development efforts to ensure industry best practices are supported.

• The contractor shall ensure that any system interconnectivity is in response to a valid operational require-ment.

• Ensure that continuing tests of the system security features are performed, and results are documented and shared with the designated government staff.

• The contractor shall perform risk assessments to periodically re-evaluate the sensitivity of the system, risks and mitigations strategies as well as to assess the impact of new requirements.

• The contractor shall perform periodic security assessments of the system safeguards to validate that they are properly implemented and operating as intended.

USCA18R0090 - Page 6 of 32

• The contractor shall ensure a contingency plan is in place for continuity of operations in an emergency situ-ation and that the developed plans are tested and meet security requirements.

• The contractor shall periodically review the risk assessment for new threats due to a changed configuration or changes in the system operational environments and review contingency plans to ensure that they are still applicable.

• The contractor shall maintain a file of all IT security-related exceptions and make recommendations to the government options to reduce risks presented by known vulnerabilities.

• The contractor shall develop procedures for reporting and documenting technical vulnerabilities.

Functional Area 3: Operations & Maintenance:

The contractor shall provide operations, maintenance, and support of the existing data warehouses, systems, and applications in the production environment. This shall involve enhancing or updating the production applica-tions and systems to meet the on-going business needs of the stakeholders and also provide service desk func-tions.

• The contractor shall also keep systems running, back-up and restore data based on the operations plan and system requirements, manage problems, perform periodic cleanup, fine tune system reconfigurations, mon-itor systems, and redeploy systems as necessary.

• The contractor shall also provide operational support to assist end users by answering their questions, ana-lyzing the problems they encounter with production systems, recording requests for new functionality, and making/applying fixes.

• The contractor shall provide operational and maintenance support, which includes performing standard and ad-hoc reports, queries, and may also require manual data entry, as well as testing to verify data accuracy.

• The contractor shall perform system monitoring, data transfers, and if necessary troubleshoot issues.

• The contractor shall identify usability issues and create solutions to resolve bug fixes or other performance problems.

• The contractor shall advise and provide recommendations of how new manufacturer-driven updates of the platform shall be affected or upgraded according to manufacturer release schedules, (e.g., a platform is a group of technologies, hardware (computer) and software (operating system), and pre-packaged web ser-vices).

• The contractor shall rapidly deploy new or improved independent site features without requiring changes or downtime to unrelated functionality/features.

• The contractor shall design and implement system changes in a manner to support interoperability with fu-ture development efforts and in an open architecture manner.

• The contractor shall support and maintain the mechanisms that allow data exchange and interaction with ex-ternal systems via web services, API’s or other methods.

• The contractor shall provide service desk functions for the integrated enterprise data warehouse, business applications, and systems.

• The contractor shall utilize a centralized issue tracking system designated and hosted by the government.

Functional Area 4: Data Visualization The contractor shall assist the Judiciary users with data analysis and visibility utilizing Tableau, a commercial off-the-shelf visualization software tool. The contractor shall assist users with the functionality of Tableau through the web, client versions, as well as through the server software. Users will be able to use Tableau in or-der to quickly identify trends, spot patterns, identify data anomalies, and facilitate drill-down analysis.

• The contractor shall provide data mining and development expertise regarding JDAO’s visualizations tasks, which includes the distribution of reports and dashboards through the Tableau client, web, and Tableau server software.

• The contractor shall conduct a needs assessment through interviews with AOUSC and federal judiciary

USCA18R0090 - Page 7 of 32 users to understand their goals and determine needs for dashboards, (e.g., dashboard objectives, frequency of updates, logical grouping of data and priority).

• The contractor shall assist end-users with publishing dashboards to the Tableau server via the Tableau desktop software utilizing industry standards and best practices.

• The contractor shall assist the government with creating dashboards that can drill down from a chart to a crosstab or data table.

• The contractor shall be required to assist the government with creating visualizations and dashboards that incorporate customized parameters (e.g., date and time).

• The contractor shall assist the government with displaying their visualizations and dashboards on multiple devices, (e.g., mobile devices and tablets). The contractor shall be responsible for upgrading the existing Tableau Desktop and server software to ensure that they remain in sync.

• The contractor shall execute periodic data checks on the dashboards to ensure data accuracy, as this can be accomplished by comparing the data with the source systems.

• The contractor shall assist the government with the development, testing, and implementation of various dashboards through the use of data stories, which require building a sequence of points to support the nar-rative of the story.

Functional Area 5: Data Governance The contractor shall assist the government users with the Enterprise Data Governance initiative by supporting the effort of creating policy and processes, analysis, and work products that will enable business users to make decisions based on well-managed and well-understood information assets and high-quality data.

• The contractor shall support government staff to improve business process efficiencies, including docu-menting current processes and current or future state requirements, assisting with process analysis, and de-termining, documenting, and testing process improvements. This may include building and testing pro-cesses in enterprise platforms including but not limited to SharePoint Online.

• The contractor shall support government staff to develop, document and/or implement an enterprise data as-set inventory to document all of the assets (e.g., databases, applications, data models, reports) that contain data that is important to and used by the judiciary, as a means to facilitate awareness of what data is avail-able and where to access it.

• The contractor shall support government staff to develop, document and/or implement an enterprise inform-ation flow model that visualizes the end-to-end flow of data (i.e., data lineage) that includes identifying and documenting systems of record and transformations of data from source to target systems, as a means to fa-cilitate an understanding of where data comes from, where it goes, and how it is transformed and used along the way.

• The contractor shall support government staff to develop, document and/or implement a standard business glossary to include standard terms and definitions, as a means to facilitate a uniform understanding of data and information.

• The contractor shall assist the government with establishing policies and rules regarding how to standard-ize, protect, and govern the data that flows throughout AO's information systems, including its authoritative sources. Any changes involving data governance or data architecture will affect future integrated techno-logy strategies, and thus must be approved by JDAO's technical team.

• The contractor shall support government staff to develop, document and/or implement data governance policy and processes as a means to classify, standardize, and control how data is managed (e.g., created, modified, used, shared, accessed, and distributed) as an enterprise asset.

• The contractor shall support government staff to develop communication and training materials in support of and related to any or all of the tasks identified above. This may include development of training materi-als, collateral communication materials, and “scripts” that can be used in public relation or training video materials.

USCA18R0090 - Page 8 of 32

Functional Area 6: Training:

• The contractor shall provide role-based training solutions for stakeholders and end-users to become profi-cient in the use of the integrated enterprise data warehouse, business applications, and systems, including content creation, maintenance, review, and approval processes. The contractor shall provide “train-the-trainer” solutions and create, update, or revise and review training procedures/documents.

• The contractor shall assist in developing training materials related to data governance, judiciary data pro-grams, and data quality in support of the cross-functional nature of this BPA. This might include develop-ment of an on-line training academy to train users on the data warehouse, data governance, data programs, and data quality.

Section D - Packaging and Marking No Clauses

Section E - Inspection and Acceptance

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

2-5B Inspection of Services APR 2013

Section F - Deliveries or Performance

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

2-60 Stop-Work Order JAN 2010

7-200 Judiciary Delay of Work JAN 2003

F-1 Deliverables

All deliverables will be accepted according to the deliverable schedule established on individual BPA calls. Deliverables, and the timeframe for their delivery, shall be specified in each BPA call.

The contractor shall submit electronic copies of document deliverables to the COR and other government staff, as necessary, via email unless otherwise specified on a BPA call. All document deliverables shall be made by close of business (COB) 4:30pm local time Monday through Friday, unless stated otherwise on a BPA call.

All deliverables submitted in electronic format shall be free of any known computer virus or defects. If a virus or defect is found, the deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus.

F-2 Place of Performance

The principal place of performance can be at the contractor's site or at the government-provided work site.

Place of performance details shall be set forth in individual BPA Calls.

Unless otherwise stated in the individual BPA calls, the normal hours of operation shall be 7:00 AM to 7:00 PM, Monday-Friday.

F-3 Term of the BPA

This agreement has an ordering period of five years from TBD to TBD.

USCA18R0090 - Page 9 of 32

Any BPA call issued prior to the expiration of this agreement and not completed within this ordering period shall be completed by the contractor within the time specified on the BPA call. BPA calls shall not exceed 12 months beyond the expiration of this agreement. This agreement will cover the contractor's rights and the Judi-ciary's rights and obligations with respect to that BPA call to the same extent as if the BPA call were completed during the term of the agreement.

Section G - Contract Administration Data

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

3-305 Payment by Electronic Funds Transfer-System for Award

Management (SAM) Registration

APR 2013

7-1 Contract Administration JAN 2003

7-125 Invoices APR 2011

7-125 Alt I Invoices JAN 2003

7-5 Contracting Officer's Representative APR 2013

6-20 Insurance-Work On or Within a Judiciary Facility APR 2011

(a) The contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the following kinds and minimum amounts of insurance:

(1) Workman's Compensation and Employee's Liability Insurance. The contractor shall comply with applicable federal and state workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy. Employer's liability coverage of at least $100,000 per incident is required.

(2) Automobile Liability Insurance. The contractor shall have coverage at a minimum of $200,000 per person;

$500,000 per occurrence for bodily injury; and $20,000 per occurrence for property damage.

(3) General Liability Insurance. The contractor shall have coverage at a minimum of $200,000 per person and $500,000 per occurrence for death or bodily injury and $20,000 per occurrence for property damage.

(4) Self-Insurance. If the contractor has been approved to provide a qualified program of self insurance, the contractor must submit any proposed changes to the program to the contracting officer for approval.

(b) Prior to beginning performance under this contract, the contractor shall provide the insurance carrier certific-ation of the above minimum amounts.

(c) The maintenance of insurance coverage as required by this clause is a continuing obligation, and the lapse or termination of insurance coverage without replacement coverage being obtained will be grounds for termina-tion for default.

(d) The certification evidencing required insurance shall contain an endorsement to the effect that any cancella-tion or any material change adversely affecting the judiciary's interest shall not be effective:

(1) for such period as the laws of the state in which this contract is to be performed prescribe; or

(2) until 30 days after the insurer or the contractor gives written notice to the contracting officer, whichever period is longer.

(e) The contractor shall insert the substance of this clause, including this paragraph (e), in subcontracts under this contract that require work in a judiciary facility and shall require subcontractors to provide and maintain the required insurance. The contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the contracting officer upon request.

(END)

7-10 Contractor Representative JAN 2003

USCA18R0090 - Page 10 of 32

(a) The contractor's representative to be contacted for all contract administration matters is as follows (contractor complete the information):

Name: ___________________________________________________________________________ Address: ___________________________________________________________________________ Telephone: ___________________________________________________________________________ Email: ___________________________________________________________________________ Fax: ___________________________________________________________________________

(b) The contractor's representative shall act as the central point of contact with the judiciary, shall be respons-ible for all contract administration issues relative to this contract, and shall have full authority to act for and leg-ally bind the contractor on all such issues.

(END)

G-1 Authorized Issuers

The individuals authorized to issue BPA calls against this agreeement are contracting officers in the AOUSC Procurement Management Division (PMD).

G-2 Ordering Procedures

1) Ordering under this BPA shall be accomplished through issuance of a BPA call.

2) A BPA call number will be furnished to the contractor by the contracting officer during issuance of a BPA call. The contractor is required to insert this BPA call number on all invoices. Failure to include the BPA call number on the invoice will adversely impact the expeditious processing of payments and will be regarded as an invoice discrepancy.

3) The BPA call issuance steps are as follows:

a) Based on the Judiciary's specific requirement, the contractor shall provide a proposal detailing the scope of work, resources and effort required, milestones, period of performance, place of performance, and deliverables required for the task. Any travel will be included in the proposal and separately priced. Note, any firm fixed price or T&M BPA calls are not permitted to have overhead and general and administrative costs as separately priced items.

i. For T&M tasks, the contractor shall use the labor categories and rates established on Attachment A - BPA Pricing Sheet when developing their price proposal.

ii. For Firm Fixed Price tasks, the contractor can propose pricing based on the labor categories and rates established on Attachment A - BPA Pricing Sheet, or other rates as deemed appropriate.

iii. For cost reimbursable tasks, the contractor shall provide a cost proposal in accordance with their approved and audited rates. Acceptable cost reimbursable contract types are: cost, cost sharing, cost plus incentive fee, cost plus fixed fee, and cost plus award fee. Cost plus percentage of cost con-tracts are not allowed. For indirect costs, the contractor shall be reimbursed at their current ap-proved indirect rates. Any fees (e.g. fixed fee percentages) will be negotiated and mutually agreed upon by both parties.

b) The government will negotiate with the contractor to finalize the scope, pricing, and other details of the requirement.

c) Upon acceptance of the proposal by the Judiciary, a BPA call will be issued to the contractor that reflects the scope of work, deliverables, the period and place of performance, other mutually agreed upon parameters of the task, and the total price for the BPA call. On the actual BPA call:

- Any firm fixed price CLINs of a BPA call will only show the total fixed price for that work.

- Any T&M or cost reimbursable CLINs may be further detailed to show labor categories, hourly rates, and hours.

USCA18R0090 - Page 11 of 32

4) Only upon acceptance of a proposal by the Government and issuance of a BPA call will the contractor commence work. The BPA call is binding once issued.

Section H - Special Contract Requirements

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

1-1 Employment by the Government JAN 2003

7-45 Travel APR 2013

7-55 Contractor Use of Judiciary Networks JUN 2014

2-65 Key Personnel APR 2013

(a) Individuals identified below as key personnel and accepted for this contract are expected to remain dedicated to this contract. However, in the event that it becomes necessary for the contractor to replace any of the indi-viduals designated as key personnel, the contractor shall request such substitutions in accordance with this clause. Substitution of key personnel will be considered under the following circumstances only:

(1) All substitutes shall have qualifications at least equal to those of the person being replaced.

(2) All appointments of key personnel shall be approved in writing by the contracting officer, and no substitu-tions of such personnel shall be made without the advance written approval of the contracting officer.

(3) Except as provided in paragraph (4) of this clause, at least 30 days (60 days if security clearance is required) in advance of the proposed substitution, all proposed substitutions of key personnel shall be submitted in writ-ing to the contracting officer, including the information required in paragraph (5) of this provision.

(4) The following identifies the requirements for situations where individuals proposed as key personnel be-come unavailable because of sudden illness, death or termination of employment. The contractor shall within 5 work days after the event, notify the contracting officer in writing of such unavailability. If the event happens after award, the contracting officer will determine if there is an immediate need for a temporary substitute and a continuing requirement for a permanent substitute for the key personnel position. The contracting officer will promptly inform the contractor of this determination. If the contracting officer specifies that a temporary substi-tute is required, the contractor shall as soon as is practical identify who will be performing the work as a tem-porary substitute. The temporary substitute will then start performance on a date mutually acceptable to the con-tracting officer and the contractor. Within 15 work days following the event, if the contracting officer specifies that a permanent substitute is required, the contractor shall submit, in writing, for the contracting officer's ap-proval, the information required in (5) and (6) below, for a proposed permanent substitute for the unavailable individual. The approval process will be the same as (7) below.

(5) Request for substitution of key personnel shall provide a detailed explanation of the circumstances necessit-ating substitution, a resume of the proposed substitute, and any other information requested by the contracting officer to make a determination as to the appropriateness of the proposed substitute's qualifications. All resumes shall be signed by the proposed substitute and his/her formal (per company accepted organizational chart) direct supervisor or higher authority.

(6) As a minimum (or as otherwise specified in the solicitation), resumes shall include the following:

(a) name of person;

(b) functional responsibility;

(c) education (including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/certification(s) received, major field(s) of study, and approximate number of total class hours);

(d) citizenship status;

(e) experience including, in reverse chronological order for up to ten years, area(s) or work in which a person is qualified, company and title of position, approximate starting and ending dates (month/year), concise descrip-tions of experience for each position held including specific experience related to the requirements of this con-tract; and

(f) certification that the information contained in the resume is correct and accurate (signature of key person and date signed, and signature of the supervisor or higher authority and date signed will be accepted as certifica-

USCA18R0090 - Page 12 of 32 tion).

(7) The contracting officer will promptly notify the contractor in writing of his/her approval or disapproval of all requests for substitution of key personnel. All disapprovals will require re-submission of another proposed substitution within 15 days by the contractor.

(b) The following individuals are designated as key personnel under this contract:

As identified and required on individual BPA Calls

(END)

7-50 Parking APR 2013

There is no contractor parking available at the Thurgood Marshall Federal Judiciary Building (TMFJB). In the event that this contract requires the delivery of equipment or materials to the TMFJB, the contractor shall park delivery vehicles at designated locations within the TMFJB Complex ONLY WHILE LOADING AND UN- LOADING THE VEHICLE. Arrangements for pick-up and delivery at the TMFJB shall be coordinated with the Contracting Officer's Representative (COR) and made in accordance with building management policies.

(end)

H-1 Government Furnished Information and Equipment

Any/all information necessary to perform the tasks will be furnished by the Government as needed throughout the performance of a BPA Call. The contractor shall safeguard any sensitive information in accordance with clause 7-35 Disclosure of Use of Information. Specific Government Furnished Equipment will be identified on individual BPA calls.

H-2 Incremental Funding

Any BPA call that is issued as T&M, cost reimbursable, or have a portion of the BPA call that is T&M or cost reimbursable may be incrementally funded. Any BPA call that is incrementally funded will contain additional clauses and/or conditions to address the incremental funding.

H-3 Clause 7-35 Disclosure and Use of Information and Clause 6-60 Rights in Data-General.

As it relates to subparagraph (a) on clause 7-35 Disclosure or Use of Information, the sentence stating "This clause takes precedence over and is an explicit limitation to the rights enumerated in section (d)(2) of Clause 6-60, Rights in Data – General." is not applicable for this agreement.

H-4 Indemnity, Software, and Data Rights

As it relates to item (c) on clause 6-95 Patent Indemnity Alt I, this patent indemnification shall not apply to the following items: Non-commercial software and other deliverables first produced under this contract.

Clause 6-85 Commerical Computer Software License is applicable when deliverables are commerical computer software and licenses. In turn, clause 6-65 Rights in Data-Special Works applies to all non-commercial deliver-ables, including data first produced.

H-5 Continuity of Operations

In the event of an emergency, disaster, or situation requiring Continuity of Operations (COOP), the contractor shall continue to provide support at a contractor facility and/or alternate location(s). Not all contractor personnel shall be required to provide support during a COOP event. Only contractor personnel positions performing “Essential Functions” shall be required to provide support during a COOP event. Any essential functions will be defined on specific BPA calls issued under this agreement.

Section I - Contract Clauses

USCA18R0090 - Page 13 of 32

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

1-10 Gratuities or Gifts JAN 2010

1-15 Disclosure of Contractor Information to the Public AUG 2004

1-5 Conflict of Interest AUG 2004

2-140 Judiciary IT Security Standards APR 2013

2-50 Continuity of Services JAN 2003

2-55 Privacy or Security Safeguards JAN 2003

2-80 Judiciary Property JAN 2003

3-105 Audit and Records APR 2011

3-120 Order of Precedence JAN 2003

3-140 Notice to the Judiciary of Labor Disputes JAN 2003

3-205 Protest after Award JAN 2003

3-25 Protecting the Judiciary's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2014

3-300 Registration in the System for Award Management (SAM) APR 2013

3-35 Covenant Against Contingent Fees JAN 2003

3-40 Restrictions on Subcontractor Sales to the Judiciary JUN 2014

3-45 Anti-Kickback Procedures JUN 2012

3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JUN 2012

3-55 Price or Fee Adjustment for Illegal or Improper Activity JUN 2012

4-30 Payment (Time-and-Materials and Labor-Hour Contracts) APR 2011

4-30 Alt I Payment (Time-and-Materials and Labor-Hour Contracts, Alt

I

APR 2011

4-60 Allowable Cost and Payment APR 2013

4-65 Fixed Fee APR 2013

4-75 Cost Contract-No Fee APR 2013

4-80 Cost-Sharing Contract - No Fee APR 2013

4-85 Limitation of Cost APR 2013

4-90 Limitation of Funds APR 2013

5-20 Records Ownership JAN 2003

5-30 Authorization and Consent JAN 2003

6-110 Deferred Ordering of Technical Data or Computer Software JUN 2014

USCA18R0090 - Page 14 of 32

6-25 Insurance-Liability to Third Persons APR 2013

6-40 Federal, State, and Local Taxes JAN 2003

6-65 Rights in Data-Special Works JAN 2010

6-85 Commercial Computer Software License APR 2013

6-90 Notice and Assistance Regarding Patent and Copyright

Infringement

APR 2010

6-95 Patent Indemnity JAN 2010

7-100B Limitation of Liability (Services) JAN 2003

7-110 Bankruptcy JAN 2003

7-130 Interest (Prompt Payment) JAN 2003

7-135 Payments APR 2013

7-140 Discounts for Prompt Payment JAN 2003

7-15 Observance of Regulations/Standards of Conduct JAN 2003

7-150 Extras JAN 2003

7-160 Limitation on Withholding of Payments APR 2013

7-165 Penalties for Unallowable Costs JUN 2012

7-170 Notice of Intent to Disallow Costs JAN 2003

7-175 Assignment of Claims JAN 2003

7-185 Changes APR 2013

7-185 Alt I Changes APR 2013

7-185 Alt II Changes APR 2013

7-195 Excusable Delays JAN 2003

7-20 Security Requirements APR 2013

7-205 Payment for Judiciary Holidays APR 2013

7-210 Payment for Emergency Closures APR 2013

7-215 Notification of Ownership Changes JAN 2003

7-220 Termination for Convenience of the Judiciary (Fixed Price) JAN 2003

7-225 Termination (Cost-Reimbursement) JAN 2010

7-225 Alt I Termination (Cost-Reimbursement) APR 2013

7-230 Termination for Default - Fixed-Price Products and Services JAN 2003

7-235 Disputes JAN 2003

7-25 Indemnification AUG 2004

7-30 Public Use of the Name of the Federal Judiciary JUN 2014

USCA18R0090 - Page 15 of 32

7-35 Disclosure or Use of Information APR 2013

7-40 Judiciary-Contractor Relationships JAN 2003

7-65 Protection of Judiciary Buildings, Equipment, and Vegetation APR 2013

7-70 Judiciary Property Furnished "As Is" APR 2013

7-80 Competition in Subcontracting JAN 2003

7-85 Examination of Records JAN 2003

3-145 Payment for Overtime Premiums JAN 2003

(a) The use of overtime is authorized under this contract if the overtime premium does not exceed zero or the overtime premium is paid for work:

(1) necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;

(2) by indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;

(3) to perform tests, industrial processes, laboratory procedures, loading or unloading of transportation convey-ances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or

(4) that will result in lower overall costs to the judiciary.

(b) Any requests for estimated overtime premiums that exceed the amount specified above shall include all es-timated overtime for contract completion and shall:

(1) identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the contracting officer to evaluate the necessity for the overtime;

(2) demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;

(3) identify the extent to which approval of overtime would affect the performance or payments in connection with other judiciary contracts, together with identification of each affected contract; and

(4) provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.

(END)

4-70 Incentive Fee APR 2013

(a) General. The judiciary will pay the contractor for performing this contract a fee determined as provided in the contract.

(b) Target cost and target fee. The target cost and target fee specified in the contract are subject to adjustment if the contract is modified in accordance with paragraph (d) of this clause.

(1) "Target cost" as used in this contract, means the estimated cost of this contract as initially negotiated, adjus-ted in accordance with paragraph (d) of this clause.

(2) "Target fee" as used in this contract, means the fee initially negotiated on the assumption that this contract would be performed for a cost equal to the estimated cost initially negotiated, adjusted in accordance with para-graph (d) of this clause.

(c) Withholding of payment. Normally, the judiciary will pay the fee to the contractor as specified in the con-tract. However, when the contracting officer considers that performance or cost indicates that the contractor will not achieve target, the judiciary will pay on the basis of an appropriate lesser fee. When the contractor demon-strates that performance or cost clearly indicates that the contractor will earn a fee significantly above the target fee, the judiciary may, at the sole discretion of the contracting officer, pay on the basis of an appropriate higher fee. After payment of 85 percent of the applicable fee, the contracting officer may withhold further payment of fee until a reserve is set aside in an amount that the contracting officer considers necessary to protect the judi-ciary's interest. This reserve will not exceed 15 percent of the applicable fee or the judiciary's small purchase

USCA18R0090 - Page 16 of 32 threshold, whichever is less. The contracting officer will release 75 percent of all fee withholds under this con-tract after receipt of the certified final indirect cost rate offer covering the year of physical completion of this contract, provided the contractor has satisfied all other contract terms and conditions, and is not delinquent in submitting final vouchers on prior years' settlements. The contracting officer may release up to 90 percent of the fee withholds under this contract based on the contractor's past performance related to the submission and set-tlement of final indirect cost rate offers.

(d) Equitable adjustments. When the work under this contract is increased or decreased by a contract modifica-tion or when any equitable adjustment in the target cost is authorized under any other clause, equitable adjust-ments in the target cost, target fee, minimum fee, and maximum fee, as appropriate, will be stated in a supple-mental agreement to this contract.

(e) Fee payable.

(1) The fee payable under this contract will be the target fee increased by [contracting officer inserts contractor's participation] cents for every dollar that the total allowable cost is less than the target cost or decreased by [contracting officer inserts contractor's participation] cents for every dollar that the total allowable cost ex-ceeds the target cost. In no event will the fee be greater than [contracting officer inserts percentage] percent or less than [contracting officer inserts percentage] percent of the target cost.

(2) The fee will be subject to adjustment, to the extent provided in paragraph (d) of this clause, and within the minimum and maximum fee limitations in paragraph (e)(1) of this clause, when the total allowable cost is in-creased or decreased as a consequence of:

(i) payments made under assignments; or

(ii) claims excepted from the release required by paragraph (f)(2) of the Allowable Cost and Payment clause.

(3) If this contract is terminated in its entirety, the portion of the target fee payable will not be subject to an in-crease or decrease as provided in this paragraph. The termination will be accomplished in accordance with other applicable clauses of this contract.

(4) For the purpose of fee adjustment, "total allowable cost" does not include allowable costs arising out of:

(i) any of the causes covered by the Excusable Delays clause, to the extent that they are beyond the control and without the fault or negligence of the contractor or any subcontractor;

(ii) the taking effect, after negotiating the target cost, of a statute, court decision, written ruling, or regulation that results in the contractor's being required to pay or bear the burden of any tax or duty or rate increase in a tax or duty;

(iii) any direct cost attributed to the contractor's involvement in litigation as required by the contracting officer pursuant to a clause of this contract, including furnishing evidence and information requested pursuant to the Notice and Assistance Regarding Patent and Copyright Infringement clause;

(iv) the purchase and maintenance of additional insurance not in the target cost and required by the contracting officer, or claims for reimbursement for liabilities to third person pursuant to the Insurance Liability to third Persons clause;

(v) any claim, loss, or damage resulting from a risk for which the contractor has been relieved of liability by the Judicial Property clause; or

(vi) any claim, loss, or damage resulting from a risk defined in the contract as unusually hazardous or as a nuc-lear risk and against which the judiciary has expressly agreed to indemnify…