USCA19R0062-0001.pdf

Description of Amendment/Modification:The purpose of this amendment is to:

1) Post the questions and answers received for this solicitation. Please see attachment "USCA19R0062 Questions and Answers".

2) Provide updates and changes to the solicitation documents and supporting attachments. Please see document "USCA19R0062 - Summary of Changes" listing all the changes and updates.

3) Post any updated solicitation documents and attachments.

4) Extend the due date for proposals to November 7, 2019 at 12PM Eastern.

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

0001 Probation and Pretrial Services Client Case

Management Platform BPA.

Original :

Change:

Total: 1

Lot

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 - PPS CM Platform and Labor Pricing establishes the labor categories and rates for this agree-ment along with the pricing for the Case Management Platform solution. These prices are in effect for the term of the BPA.

Section C - Descriptions/Specifications/Statement of Work

C-1 Requirements

1.0 Scope

1.1 Scope

The contractor shall provide Software-as-a-Service together with system design, architecture, configuration, de-velopment, testing and validation, integration, deployment and operational support services for a complete cli-ent case management solution to replace the existing Probation and Pretrial Services IT portfolio, specifically the Probation and Pretrial Services Automated Case Tracking System (PACTS). The U.S. Probation and Pretrial Services (PPS) is a national outcome driven system with the mission to assist the federal courts in the fair ad-ministration of justice, protect the community and bring about long-term positive change in individuals under supervision.

The vision for the solution is a national single-client case management system that offers seamless, streamlined workflows and is outcome-driven ensuring PPS staff can fully perform their mission anywhere within the United States, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and Puerto Rico. Additionally, the solution shall improve the day-to-day effectiveness and efficiencies of the probation and pretrial services of-ficers assigned to investigate and supervise clients. The solution shall leverage innovative technologies to fur-ther support PPS outcome-driven and evidence-based programs.

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The solution shall consist of one (1) or more Commercial-Off-The-Shelf (COTS) tools which can be configured and integrated to replace the legacy systems. The solution shall support the management of the entire PPS in-vestigation and supervision activities and workflows. The solution shall provide full transparency into the work-flow management processes with the ability to make changes to those workflow processes through configura-tion or minor software code changes. The solution shall also support the migration of a subset of PPS data from the existing systems to the solution (including documents and images).

1.2 Background

The Administrative Office of the U.S. Courts (AOUSC) is the administrative arm of the federal judiciary. The AOUSC's unique mission is to provide the Judicial branch a broad range of services and functions, from aiding in developing and implementing judiciary policies and procedures to delivering administrative, legal, and In-formation Technology (IT) services to the courts.

Within the AOUSC, the Department of Program Services (DPS) is responsible for providing business and tech-nical services that directly support the mission of the U.S. Courts. One of the offices within DPS is the Case Management Systems Office (CMSO), whose mission is to effectively and efficiently develop, deliver, and sup-port mission critical case management applications and systems to the U.S. Courts. These applications, in turn, support the daily operations of the Judiciary’s Appellate Courts, District Courts, Bankruptcy Courts, Defender Services Offices, and Probation and Pretrial Services Offices located throughout the United States and its territ-ories. The Probation and Pretrial Services Office (PPSO) within DPS is responsible for providing administrative support, legal, program and policy guidance to the federal Probation and Pretrial Services Offices in furtherance of its mission.

The PPS system is the community corrections arm of the federal judiciary. PPS consists of 94 districts throughout the United States, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and Puerto Rico.

PPS employs approximately 9,000 officers, officer assistants, supervisors, deputy chiefs, chiefs, information technology personnel, budget specialists, human resources professionals, and support staff.

The legacy PACTS system is an internally developed, non-COTS, custom-built case management system used by probation and pretrial services staff that traces its origins to the 1990’s. Its capabilities and complexity have evolved over time to meet stakeholder needs. The system currently resides in a complex portfolio of PPS applic-ations and interfaces with multiple internal and external systems, and with many interdependencies where one change can potentially impact another.

2.0 Overall Objectives

The contractor shall provide end-to-end life cycle support to design, architect, configure, develop, test and val-idate, integrate, deploy and operationally support a high quality and secure new probation and pretrial services client case management Software-as-a-Service (SaaS) platform. The solution shall possess the ability to integ-rate and incorporate new technologies entering the marketplace.

2.1 Security

The solution shall be compliant with all relevant security controls outlined in the Federal Information Pro-cessing Standard (FIPS), the Federal Information Security Management Act (FISMA), the Crimincal Justice In-formation Services (CJIS) and Federal Risk and Authorization Management Program (FedRAMP). The solution shall also be compliant with the Judiciary Information Security Framework (JISF), to include, but not limited to, the ability of the federal government to perform a security certification and accreditation process.

The associated data security is:

Confidentiality High Integrity Moderate Availability Moderate

Additional details can be found in Attachment 1- PPS CCMS Security and Privacy.

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The contractor shall configure and support the evalution of the solution to meet the associated technical and op-erational security requirements throughout the certification processes and continued recertification.

All cloud data centers shall reside within CONUS and the contractor shall identify all locations where the data at rest and data backup will reside. The contractor shall use only cryptographic mechanisms that comply with FIPS 140-2, as amended. The contractor shall support a secure, multi-factor method of remote authentication and authorization to internal users working remotely (outside the DCN).

2.2 Incremental, Seamless and Rapid Transition

The transition from the existing system to the new solution shall be incrementally phased and modularized to ensure replacement capabilities are properly sequenced, designed, supplied, installed, configured and tested pri-or to release in an operational environment. Any and all active PPS cases in the current system must remain act-ive and be fully capable of continuing from their current state (e.g., workflow and associated personnel assign-ments). The amount of time required for both the existing and new Solution to be operating simultaneously shall be minimized.

2.3 Configurable Solution

The solution shall provide the means to implement or modify workflows through configuration or through minor software changes to improve efficiencies.

2.4 Usability

The solution shall provide a customer-centric design minimizing the training needs for users through well-designed and intuitive user interfaces. The contractor shall provide additional assistance through on-line help assistance, tutorials and a knowledge base of common user problems and solutions.

2.5 Enterprise Integration

The solution shall integrate with other Government systems (listed in Attachment 2 - Current PPS Portfolio In-terfaces) as well as district owned and operated applications that interface and/or contribute to the probation and pretrial services investigation and supervision processes.

2.6 Network Interconnection

The solution shall provide private network interconnections with the Cloud Service Provider’s (CSP) network and the on-premise Judiciary’s Data Communication Network (DCN), without traversing the internet. Intercon-nection termination points on the DCN will be at DCN Data Centers located in Ashburn, VA and San Diego, CA. The contractor shall provide all available connectivity options, including bandwidth options, for connectiv-ity between the proposed Government Cloud (Off-Premises) solution and the on-premise DCN network, and shall provide robust network capacity, suitable for handling a high volume of traffic, in and out of the Offeror’s cloud boundary. Network capacity, as measured by throughput and latency, must keep pace with the Offeror’s publicly-available commercial offerings.

3.0 Technical Objectives

The contractor shall provide the Solution in a FedRAMP cloud environment which meets the following technic-al objectives.

3.1 Capacity

The solution shall support approximately 9,000 unique users (with approximately one quarter concurrently) in multiple locations in the United States, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and Puerto Rico. The contractor’s solution shall support approximately 24,000 individuals (e.g., clients) on pretrial supervi-sion and 130,000 on post-conviction supervision. On average, for a 12-month period, PPS conducts 96,700 pre-trial services investigations (bail reports), conducts 67,000 presentence investigations (presentence reports), and conducts 135,000 post-conviction supervisions. The contractor shall use a projected user growth rate of ten (10) percent per year.

3.2 Auditing

The solution shall provide auditing features and logs to monitor changes made to client and case records, user access and usage trends to ensure the integrity and security of the data. Log data, as identified by the Govern-ment, will be transferred to the Government’s log management system (currently Splunk). The contractor shall provide standard and easy-to-interpret logs, for both humans and machines, for tracking provisioning of ser-vices, configuration changes, service access and errors, and any relevant audit trail events.

3.3 Identity and Access Management (IdAM)

The solution shall support access for trusted (internal Government staff), semi-trusted (law enforcement agen-cies, service providers) and un-trusted (clients) users. For trusted users, access and associated identity attributes

USCA19R0062 /0001 - Page 4 of 31 shall be provided through the following protocols, that the Solution shall be capable of accessing.

• OAuth v2.0

• OpenID Connect v1.0+

• SAML (Security Assertion Markup Language) v2.0+

• Microsoft Active Directory Federated Services (ADFS).

The solution shall support a secure, multi-factor authentication (MFA) and public key infrastructure (PKI) method of remote authentication and authorization to identify trusted, semi-trusted, and un-trusted users and provide their associated identity attributes. The Solution shall provide a mechanism to federate identity includ-ing time-limited, role-based authentication tokens. The AO currently uses National Active Directory (NAD), Ju-diciary Enterprise Network Information Exchange (JENIE) and Duo Mobile for trusted users. Additionally, the contractor shall support a secure, multi-factor method of remote authentication and authorization to identified Government Administrators that will allow Government designated personnel the ability to perform manage-ment duties on the solution.

3.4 Access Controls

The solution shall dynamically define and assign roles, access, and functions to users of the system at a national and district level; enable dynamic access control over the client and case; multi-level role-based access controls (RBAC) and privileges to view workload, clients, cases, file information, workflow process stages, and provi-sioning of new cloud services, and management of existing services; allow the user access controls to be com-bined into security roles to create security roles based on individual, group or organizational roles. At the dis-cretion of the Government, the contractor's solution shall also honor those same features and functions from the Government IdAM solutions using the stated protocols.

3.5 Office 365 Compatibility

The solution shall be compatible and seamlessly integrate, without any undue costs, complexities and/or de-graded performance, with the enterprise Microsoft 365 Government Community Cloud environment and applic-ations (e.g., Outlook, Calendar, Sharepoint, OneDrive, etc.) on all distribution channels.

3.6 Off-premise Cloud

The solution shall operate on an unclassified Off-Premise FedRamp Cloud environment. The contractor shall provide all of the development, testing, training and operational environments to support:

• End-to-end development (e.g., software configuration, custom development, static code analysis, unit tests, component tests, data migration, integration, test case/data creation etc.);

• End-to-end testing, verification and validation (e.g., functional testing, load, stress and performance, integ-ration and scalability, data migration, security, usability and user acceptance testing etc.);

• User training to train multiple user groups in multiple districts, as well as the Federal Probation and Pretrial Services Academy, simultaneously and with completely different data sets. This environment shall allow for re-baselining by user groups as needed;

• District or Third Party Application Integration and Testing for those districts that have developed or pur-chased local applications that share data through the use of web services; and

• Production to support daily operations with geographically dispersed Continuity of Operations/Disaster Re-covery.

3.7 Reporting

The solution shall have the capability to deliver Judicial-mandated metrics and reporting. The required format and associated data fields may change annually depending on changes to Judiciary regulations, policies and de-cisions. The associated report writing capability of the Solution shall be highly adaptable and configurable to produce these metrics and reports on-demand and in support of district-level policies. The AO is currently util-izing Business Objects, Microsoft PowerBI and Tableau.

3.8 Data Tagging

The solution shall have the capability to provide multi-level security application, secure data repository, and capabilities to assign attributes to an object (e.g., data elements, repositories and networks), support multiple in-

USCA19R0062 /0001 - Page 5 of 31 stances per user without impacting system performance, and be compatible with approved Government web browsers.

3.9 Digital Media Management Capacity

The solution shall allow users to securely import up to 200,000 documents annually, including approximately 600 images (photos) per day; digital video and voice recordings, electronic learning modules, conduct optical character recognition (OCR) of 500,000 documents per month; and maintain 70 TB of data (databases, images, native documents) with growth of approximately 25% per year. The solution shall route and provide content processing (e.g. Forms, Official Court Reports, Notifications, Business Rules, Workflow, etc.). The solution shall perform create, read, update, and delete functions on data on the order of hundreds of Terabytes within seconds, excluding processing time within the database management system (DBMS).

3.10 Client Case Management

The solution shall allow for the initiation of clients and cases, the opening, intake, assignment, tracking and closing of cases, in total or in part, and provide an underlying database configuration/structure that supports the linking and/or combing of clients and/or cases and capabilities to dynamically prioritize and assign workload based on user defined business rules. The solution shall be scalable in an efficient and rapid manner to improve computing and storage capability, offer a basis for future capabilities and features, and highly accessible. Plat-form updates and modifications the contractor makes commercially available must be available to the Govern-ment.

3.11 Process Automation

The solution shall automate repetitive human activity and increase human operator efficiency, where feasible, through the use of technologies such as robotic processing automation, natural language processing, machine learning, etc. Functional areas that are targets for automation include Risk Assessment, Case Assignment, Route Planning, and Location Monitoring Alerts.

3.12 Records Retention

The solution shall provide a Records Retention (e.g., Global Policy Management, Record Schedule, Physical Records, etc.) schedule that can be automatically administered and modified. The solution shall identify cases for deletion based on the National Archives and Records Administration (NARA) disposition guidelines and shall adhere to the Records Management policy in the Guide to Judiciary Policy, Volume 10 (Public Access and Records), Chapter 6 (Records Management).

3.13 Searching

The solution shall be capable of user-defined or system-defined compound searches; provide the user with search tool(s) to search against OCR output or system metadata; and create and maintain a searchable index of all database content and present search results which allows users to accept or exclude any item from the results based on business rules.

3.14 E-Portal

The solution shall interface with or provide an E-Portal for public users to manage and update their information, submit documents, and check-in. External users are grouped into semi-trusted (law enforcement personnel) and untrusted users (clients and treatment providers).

3.15 Geographic Information System (GIS)

The solution shall interface with or provide Geographic Information System (GIS) capabilities to map location data and perform geospatial and geographic data analysis to meet business goals.

3.16 Mobility

The solution shall interface with or provide a mobile capability to enable users to work cases offline through (1) offline access to the system and case data; (2) data synchronization when a network connection becomes avail-able; and (3) work on any device with mobile connectivity.

3.17 Data Migration

The contractor shall migrate a subset of PPS data from custom-built legacy systems to the solution (including documents and images). All active cases in the current system must remain active and fully capable of continu-ing from their current state (e.g., workflow step, associated personnel assignments and data elements associated with cases) after being migrated to the new solution.

4.0 Program Objectives

The contractor shall establish and manage a program/project management process; an Agile DevSecOps soft-ware development and delivery practice; and provide accurate and timely schedules, performance metrics and

USCA19R0062 /0001 - Page 6 of 31 reporting throughout the life cycle of the BPA.

4.1 Program/Project Management

The contractor shall provide organizational program/project and risk management processes throughout the life of the BPA for control, oversight and support.

4.2 Commercial-Off-The-Shelf (COTS) Defect Fixes

The contractor shall be responsible for fixing, at their own expense, any resulting bugs or system defects that are related directly to the contractor’s implementation, code, or application design of the COTS software. The fix of these bugs shall not affect other scheduled features, stories, deliverables, or releases and shall be at no cost to the government. Fixing bugs or defects related to out of the box COTS software(s) is not considered sys-tem maintenance or application enhancements.

4.3 Transition-Out Plan (TOP)

The contractor shall fully support the transition of the contractor’s work, when it is turned over to another entity (either the Government or a successor contractor). The TOP shall include support activities for all transition ef-forts to minimize disruption of services. The Transition-Out Plan shall be detailed on each BPA Call, as neces-sary.

5.0 Design, Development, Test, Validation and Acceptance Objectives The contractor shall establish and manage an Agile design, development, test, validation and acceptance meth-odology. The methodology shall identify the roles and responsibilities of the contractor versus the Government and include an efficient approach to communicating and managing change and approvals.

5.1 Agile Development & Delivery

The contractor shall utilize a methodology that implements cloud-based application(s) Agile DevSecOps prin-ciples that achieve the objectives outlined in this BPA through continuous capability enhancements, minimal downtime, prompt response to emerging needs, demonstrated quality, security and reliability, and optimized performance with resource utilization minimized.

5.2 Workflow Management

The solution shall allow for the creation, execution and automation of workflows pertaining to the probation and pretrial services processes which are provided in the story maps of the business capability reference docu-ments, which are Attachment 5 - PPS CCMS Pretrial and Lifecycle Business Capability, Attachment 6 - PPS CCMS Presentence Business Capability, and Attachment 7 - PPS CCMS Post Conviction Business Capability.

Additionally, administrators and sufficiently-privileged users shall be able to monitor and exercise manual con-trol over the workflows in progress. These workflows consist of an overall client-level, case-level and file-level workflow.

5.3 System Interfaces

The solution shall interface with internal and external applications listed in Attachment 2 - Current PPS Portfolio Interfaces as well as district owned and operated applications. The contractor shall deliver full In-terface Control Documents (ICD) for all required integrated systems prior to system releases. Required inter-faces will be identified in individual BPA Calls.

5.4 Test, Evaluation and Acceptance

The contractor shall develop, maintain and deliver an integrated test, evaluation and acceptance framework to include detailed test and evaluation plans, documents, schedules and resource implications. The framework shall be structured to provide essential information and metrics to decision-makers, assess attainment of tech-nical performance parameters and determine whether the Solution is operationally effective and acceptable for intended use. The framework shall also be structured to collaborate with and efficiently support the Govern-ment’s Independent Verification & Validation processes.

5.5 Implementation and Training

The contractor shall provide implementation and training support for the Solution, in coordination with the Government’s PMO and System Development and Support Office, Training Division.

5.6 Essential Artifacts

The contractor shall develop, maintain and deliver all system artifacts (e.g., code, automated test scripts, system architecture etc.) throughout the lifecycle of the BPA.

6.0 Operational and Maintenance Support Objectives

The contractor shall provide application, development, modernization, and enhancement support to maintain compatibility of the software with the network systems on which it runs.

6.1 Cybersecurity Operations

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The contractor shall provide cybersecurity support for the solution, in coordination with the Government’s as-signed Information Systems Security Office (ISSO), IT Security Office (ITSO) and the Enterprise Operations Center (EOC).

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 within the Continental United States (CONUS) 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 8:00AM Eastern to 5:00PM Eastern Monday-Friday.

F-3 Term of the BPA

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

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.

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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

7-5 Contracting Officer's Representative APR 2013

7-125 Alt I Invoices JAN 2003

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

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

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

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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 - PPS CM Platform and Labor Pricing 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 - PPS CM Platform and Labor Pricing, 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.

iv. For pricing related to the PPS - CM Platform, the contractor shall use the established tiered pri-cing established for the software solution.

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

c) The Government will issue a BPA call 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 ac-tual 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.

4) Only upon issuance of a BPA call will the contractor commence work.

5) All BPA calls will be bilateral and binding once issued.

Section H - Special Contract Requirements

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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-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:

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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

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.

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. Any BPA call that is issued as Firm Fixed Price or have a portion of the BPA call that is firm fixed price will be fully funded.

H-3 Data Rights Supplement

The Government shall retain ownership of all data produced, maintained and managed by the contractor in sup-port of the future solution. Data means recorded information, regardless of the form or media on which it is re-corded. The Government has unlimited rights to data first produced in the performance of the BPA, including computer software and code (except to the extent the data constitutes minor modifications to data that are lim-ited rights data or restricted computer software). Data including Geospatial Information System (GIS) informa-tion, plans, working papers and other work produced under this BPA. The Government shall have unlimited rights to use, disclose, duplicate or publish for any purpose whatsoever all information and data developed, de-rived, documented, or furnished by the contractor under this BPA. The contractor shall provide such informa-tion and data upon the request of the Government in accordance with applicable provisions and clauses of Judi-cial Policy Volume 14. For all custom software furnished by the contractor as part of this BPA, the following terms and conditions shall apply:

The contractor shall deliver to the Government unlimited rights to a complete system, free from any claim or re-tention rights of the contractor. The contractor acknowledges that this system shall henceforth remain the sole and exclusive property of the Government and the contractor shall not use or describe such software and materi-al without the written permission of the Government. This obligation to transfer all ownership rights to the Gov-ernment on part of the contractor is not subject to any limitations in any respect.

The Government recognizes that contractors may have a legitimate proprietary interest in proprietary software, executables, software code, repositories and data resulting from private development and investment. The con-tractor shall identify in its response all proprietary software, executables, software code, repositories and data which the contractor will maintain data rights and provide any restrictions on Government use of proprietary software, executables, software code, repositories and data.

H-4 Indemnity, Software, and Data Rights

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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

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

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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

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

7-205 Payment for Judiciary Holidays APR 2013

7-210 Payment for Emergency Closures APR 2013

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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

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

3-160 Service Contract Act of 1965 JUN 2012

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

I

APR 2011

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

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(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 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…