USCA22R0092 Amandment 0003- Final.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

See Block 16C

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

PMDCODE

Kurtina L. Edwards, 202-502-1462 Procurement Management Division Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 3-250 Washington, DC 20544-0001

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

USCA22R0092

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

05/20/2022

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

See Below

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

USCA22R0092 /0003 - Page 1 of 15

Description of Amendment/Modification:The purpose of Amendment USCA22R0092_0003 is as follows:

1) Revise Section G.1

2) Attachment J.1 is deleted and replaced with Attachment J.1-Judiciary Draft Cloud PWS dated July 22, 2022

3) Attachment J.2 is deleted and replaced with Attachment J.2-Performance Measurement Management Plan dated July 22, 2022

4) Attachment J.3 is deleted and replaced with Attachment J.3-BPA Discount Workbook dated July 22, 2022

5) Attachment J.4 is deleted and replaced with Attachment J.4-TSO BPA Call PWS dated July 22, 2022

6) Attachment J.5 is deleted and replaced with Attachment J.5-TSO BPA Call Price Workbook dated July 22, 2022

7) Revise section L

8) Revise section M *All changes are noted in Red*

Section C - Descriptions/Specifications/Statement of Work No Clauses

Section D - Packaging and Marking No Clauses

Section E - Inspection and Acceptance No Clauses

Section F - Deliveries or Performance No Clauses

Section G - Contract Administration Data

Clause G.1 Ordering was deleted.

G.1 Ordering

1. BPA CALL CONTRACT TYPE

The contract type of BPA Calls issued under this BPA will be Fixed-Price Resource Units for CSP services, and Labor Hour, Time-and-Materials, Fixed Price, or hybrid may be used for professional and training support.

services.

2. BPA CALL ORDERING METHOD

BPA Calls will be placed against this BPA via the issuance of written BPA Call. The use of the Government Purchase Cards and oral BPA Calls is not authorized. A BPA Call becomes binding once both parties sign the BPA Call, or when the contractor commences performance.

3. BPA OBLIGATION

3.1. Extent of Obligation

3.1.1. The Government estimates, but does not guarantee, that the volume of purchases through this BPA will be $100 Million. The estimated value of all BPAs in the Cloud program collectively is $100M across all BPAs awarded.

3.1.2 The Government is obligated only to the extent of authorized purchases actually made under this BPA via BPA Calls.

3.2. Funds Obligation

This BPA does not obligate any funds. Funds will only be obligated on BPA Calls.

USCA22R0092 /0003 - Page 2 of 15

4. AUTHORIZED USERS

The BPA is open for ordering exclusively by judiciary COCP Level VI or above Contracting Officers at the at the Administrative Office of the United States Courts (AOUSC) Procurement Management Division (PMD), and only in support of the AOUSC Department of Technology Services (DTS) Cloud Hosting & Networks Of-fice (CHNO).

5. ORDERING PERIOD AND SURVIVAL

5.1. Ordering Period

If a BPA Call issued within the BPA’s Ordering Period(s) include options, the BPA Call’s options may be exer-cised after the BPA ordering end date(s) provided that:

5.1.1 The BPA Call that includes the option was issued during the BPA’s ordering period(s), and does not ex-ceed 60 months past the expiration date of the BPA.

5.1.2 The Ordering Office satisfies all other applicable regulations for exercise of options.

6. BPA CALL ORDERING PROCEDURES

6.1 All BPA Calls will be solicited in accordance with Vol 14 § 325.50.35 (Open Market Multiple Award BPA) through Vol 14 § 325.50.40 (a) (Ordering Under BPAs), but the use of Blanket Delivery Orders IAW Vol 14 § 325.50.40(b) is not authorized.

6.2 The CSP shall not respond to solicitations from non-authorized users, and that are not in support of

AOUSC-DTS-CHNO.

6.2.1 Proper solicitations shall contain the following information on the solicitations form.

ISSUED BY

<Name> <Telephone #> Procurement Management Division Administrative Office of the United States Courts Suite 3-250 Washington, DC 20544-0001

DESTINATION (SF 18), or DELIVER TO (SOLICITATION/CONTRACT/ORDER Form) Administrative Office of the U. S. Courts Cloud Technology and Hosting Office <further description if necessary> <Address> <City, State, Zip Code>

6.3 BPA CALL SOLICITATIONS

6.3.1 The CSP shall anticipate rapid quote submission times, usually within ten (10) days of the BPA Call solicitation, however, the submission date and time (all times eastern) will be specified within the solicitation.

6.3.2 The CSP shall ensure that submissions are provided only for services that are currently available on the

BPA.

6.3.3 Vol 14 Provision 3-100, Instructions to Offerors shall apply to all solicitations issued under the Open Market Multiple Award BPAs.

6.3.4 Offers may be submitted on the solicitation form, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show:

USCA22R0092 /0003 - Page 3 of 15

1. The solicitation number;

2. Time specified in the solicitation for receipt of offers;

3. Name, address, and telephone number of the CSP;

4. Technical description of the items being offered in sufficient detail to evaluate compliance with the re-quirements in the solicitation. This may include product literature, or other documents, if necessary;

5. Terms of any express warranty, not already included in the BPA;

6. Price and any discount terms;

7. "Remit to" address, if different than mailing address

8. Acknowledgment of Solicitation Amendments;

9. If the offer is not submitted on the solicitation form, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

6.3.5 Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the soli-citation.

6.3.6 Open Market Multiple Award BPA Call Protests

6.3.6.1 The offeror agrees no protest under Vol 14 § 350 (Judiciary Protest Procedures) is author-ized in connection with the issuance or proposed issuance of a BPA Call under this Open Market Multiple Award BPA, except—

A. A protest on the grounds that the BPA Call increases the scope, period, or estimated value of the BPA;

or

B. A protest of a BPA Call valued in excess of $10 million.

6.3.6.2 Protests of BPA Calls in excess of the threshold stated in 6.3.5.1 (B) may be in accordance with Vol 14 § 350.

7. SCOPE OF BPA CALLS

All BPA Calls must be for the provision of CSP services, and no BPA Calls shall exclusively be for technical support services.

Section H - Special Contract Requirements No Clauses

Section I - Contract Clauses

3-105 Audit and Records APR 2011

(a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price re-determinable contract, or any combination of these, the contractor shall maintain and the contracting officer, or an authorized representative of the contracting officer, will have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination will include inspection at all

USCA22R0092 /0003 - Page 4 of 15 reasonable times of the contractor's plants, or parts of them, engaged in performing the contract.

(c) Detailed cost information. If the contractor has been required to submit detailed cost information in connec-tion with any pricing action relating to this contract, the contracting officer, or an authorized representative of the contracting officer, will have the right to examine and audit all of the contractor's records, including compu-tations and projections, related to:

(1) the offer for the contract, subcontract, or modification;

(2) the discussions conducted on the offer(s), including those related to negotiating;

(3) pricing of the contract, subcontract, or modification; or

(4) performance of the contract, subcontract or modification.

(d) Comptroller General

(1) The Comptroller General of the United States, or an authorized representative, will have access to and the right to examine any of the contractor's directly pertinent records involving transactions related to this contract or a subcontract hereunder.

(2) This paragraph may not be construed to require the contractor or subcontractor to create or maintain any re-cord that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the contractor is required to furnish cost, funding, or performance reports, the contracting officer or an authorized representative of the contracting officer will have the right to examine and audit the supporting records and materials, for the purpose of evaluating:

(1) the effectiveness of the contractor's policies and procedures to produce data compatible with the objectives of these reports; and

(2) the data reported.

(f) Availability. The contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or re-production, until 3 years after final payment under this contract, or for any shorter or longer period required by statute or by other clauses of this contract. In addition:

(1) if this contract is completely or partially terminated, the contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) the contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are fi-nally resolved.

(g) The contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the judiciary's small purchase threshold, and:

(1) that are cost-reimbursement, incentive, time-and-materials, labor-hour, or price re-determinable type or any combination of these;

(2) for which detailed cost information is required; or

(3) that require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the contracting parties and the contracting of-ficer under the judiciary prime contract.

(END)

2-50 Continuity of Services JAN 2003

(a) The contractor recognizes that the services under this contract are vital to the judiciary and shall be contin-ued without interruption and that, upon contract expiration, a successor, either the judiciary or another contract-or, may continue them. The contractor agrees to:

(1) furnish phase-in training, and

(2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The contractor shall, upon the contracting officer's written notice:

(1) furnish phase-in, phase-out services for up to 90 days after this contract expires, and

(2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out ser-vices required. The plan shall specify a training program and a date for transferring responsibilities for each di-vision of work described in the plan, and will be subject to the contracting officer's written approval. The con-tractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the

USCA22R0092 /0003 - Page 5 of 15 services called for by this contract are maintained at the required level of proficiency.

(c) The contractor shall allow as many personnel as practicable to remain on the job to help the successor main-tain the continuity and consistency of the services required by this contract. The contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If se-lected employees are agreeable to the change, the contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

(END)

2-140 Judiciary IT Security Standards APR 2013

(a) Policy. Contractors developing information systems on behalf of the judiciary are required to implement reasonable and effective security safeguards to protect the confidentiality, integrity, and availability of judiciary information. To ensure judiciary IT security, the contractor shall comply with the requirements be-low and incorporate this clause in any subcontracts involving the systems integration, software development, or the provision of software services.

(b) Contractor Responsibilities. The contractor shall:

(1) provide the contracting officer's representative (COR) or designee access to and information regarding the contractor's information security program and the systems used in performance of this contract when requested in connection with judiciary efforts to ensure compliance with all the contractor’s security requirements, and shall otherwise cooperate in assuring adequate security for judiciary data.

(2) secure and maintain any computer system, including mobile devices, which it uses in the performance of this contract as further described below. This includes ensuring that security and other applications software is kept up-to-date and patched; anti-virus software is installed and current; security events are detected and ad-dressed via a formal incident response program; physical security of assets is maintained; judiciary data is isol-ated from other customer or contractor data in such a manner that data leakage cannot occur between data sets and destruction of judiciary data is not impeded; transmissions of sensitive information taking place over insec-ure networks (such as the internet) are secure; and business continuity assured in the event of a system failure.

(3) develop, maintain, and periodically provide to the COR a master asset inventory list that reflects all assets, government furnished equipment (GFE) or non-GFE that were used to process judiciary information. The initial version shall be provided to the COR within six months of contract award and updated versions shall be provided at the end of each six month period thereafter (or a period mutually agreed upon between the COR and the contractor, not to exceed 12 months).

(4) ensure that contractor-owned removable media such as removable hard drives, flash drives, CDs, and laptops, containing judiciary data, are encrypted using a NIST FIPS 140-2 (or its successor) approved product.

(5) ensure that rules of behavior, approved by the COR, are signed by all contractor employees assigned to work on the judiciary contract and address at a minimum: authorized and official use; prohibition against unau-thorized users; and protection of sensitive data and personally identifiable information.

(6) use secure coding practices in a manner that minimizes security flaws within the software for any software developed in support of the contract. Prior to the execution of a software development task, the contractor shall provide the COR a copy of the contractor's secure coding best practices policy and upon delivery of the soft-ware, the contractor shall certify in writing that the contractor complied with the policy in the performance of its obligations under the contract or task order.

(7) represent and warrant that any software developed under a statement of work issued by the judiciary shall be free from all computer viruses, worms, time-outs, time bombs, back doors, disabling devices and other harmful or malicious code intended to or which may damage, disrupt, inconvenience or permit access to the software user's or another's software, hardware, networks, data or information.

(8) correct security-related errors in contractor developed software and applicable documentation that are not commercial off the shelf that are reported by the COR or discovered by the contractor. If the system is in pro-duction, such corrections shall be completed within one working day of the date the contractor discovers or is notified of the error (or a date mutually agreed upon between the COR and the contractor not to exceed 30 working days). If the system is not in production, such corrections shall be made within five working days of the date the contractor discovers or is notified of the error (or a date mutually agreed upon between the COR and the contractor, not to exceed 30 days). Latent defects will be handled in the same manner, as soon as they are discovered. If this is a task order contract, the requirement applies to any task order issued under the con-tract.

USCA22R0092 /0003 - Page 6 of 15

(9) follow NIST 800-53A Revision 1, Guide for Assessing the Security Controls in Federal Information Sys-tems and Organizations, NIST 800-18 Revision 1, Guide for Developing Security Plans for Federal Information Systems, the Judiciary Information Security Framework, version 1.0, the Guide to Implementing the Judiciary Information Security Framework, version 1.0, and other Administrative Office of the US Courts security policies and guidelines, as well as industry best security practices, standards, and guidance, to ensure that the in-formation system will be or has been developed with reasonable and effective security safeguards in place to protect the confidentiality, integrity, and availability of judiciary information. If the aforementioned versions and revisions numbers have been superseded by a more recent version or revision of the cited publication, the most recent version shall be used.

(10) work with the COR in performing Security Risk Assessments (SRA). This includes identifying risks re-lated to the design and functionality of a new system against compliance with the judiciary's security risk man-agement model. Activities performed during this phase shall include analyzing how the security architecture protects the security of judicial information, identifying the system boundary, and assessing how management, operational, and technical security safeguards are implemented by the software and hardware, how the system interconnects with other networks while maintaining security, and lastly analyzing other inherent design fea-tures. Procedures, including a checklist, shall be developed by the contractor and used to document compliance with baseline security requirements and existing guidance from the Administrative Office of the US Courts.

(11) initiate a Systems Security Plan (SSP) consistent with NIST 800-18 Revision 1 (or its successor publica-tion) during the planning phase of the contractor’s systems development life cycle and update the SSP regularly until it accurately reflects the production state of the information system. The contactor shall submit all drafts to the COR for review and comment. Comments shall be addressed to the satisfaction of the COR within five busi-ness days (or a date mutually agreed upon between the COR and the contractor, not to exceed 30 working days) of receipt. After a system is in production, the SSP must be updated the lesser of: within 30 calendar days of a major change to the system or every two years.

(12) provide a requirements traceability matrix at the end of analysis phase, design phase, build phase, and de-ployment phase that designates the security requirements in a separate section so that they can be traced through the development life cycle. The contractor shall also provide the application designs and test plan documenta-tion, and source code, if applicable, to the COR for review. Lastly, the contractor shall ensure that appropriate security management tools are in place to allow for the review of security configurations, user identities, etc., so that the implementation of security safeguards can be validated.

(13) have in place configuration management and change control processes to prevent unauthorized modifica-tions or additions to the information system and to ensure that any changes made to the information system are attributable to the individual who implemented the change.

(14) without exception, prior to making changes that may produce a negative impact on security, perform a risk assessment that documents the purpose of the change, its security impact, and any compensating safeguards that need to be implemented to reduce residual risk. The risk assessment documentation shall be provided to the COR prior to change implementation.

(15) perform self-testing of the contractor’s implemented security controls, and continuously monitor all testing activities and report on the performance and effectiveness of the information system's security safeguards to the COR. The specific assessments procedures as outlined in draft NIST Special Publication 800-53A (or its suc-cessor), shall be used by the contractor to assess the effectiveness of implemented security safeguards. The con-tractor shall provide security test plans and proposed test methods to the project manager within fifteen business days of test execution for review and approval.

(16) provide a determination statement describing the results of each tested security safeguard within ten days of security test execution. When the results indicate that a safeguard is operating in a partially satisfied or other-wise not satisfied condition, the contractor shall document the security risk associated with the applicable condi-tion, indicating which portions of the security safeguard have not been implemented or applied.

(17) take corrective action to remedy any deficiencies impeding the successful implementation of a security safeguard. Corrective action must be taken within ten business days (or a date mutually agreed upon between the COR and the contractor not to exceed 30 working days) of discovery.

(18) include verification and validation to ensure that the corrective action successfully remedies any safeguard failures identified during security testing.

(19) provide a determination, in a written form agreed to by the COR, on whether the implemented corrective action was adequate to resolve the identified information security weaknesses and provide the reasons for any

USCA22R0092 /0003 - Page 7 of 15 exceptions or risk-based decisions.

(20) report to the COR, within 24 hours of discovery, any suspected or confirmed security incidents relative to the systems and data used in fulfillment of this contract and to cooperate in the investigation and resolution thereof. If a data breach occurs or is discovered outside of regular business hours and the COR cannot be reached, the contractor shall call the Judiciary Automated Systems Incident Response Capability (JASIRC) via phone on (202) 502-4370 or via an email message to either SOC@ao.uscourts.gov or JASIRC@ao.uscourts.gov.

(c) Personally Identifiable Information Notification and Use Requirement. If the contractor has access to sensit-ive personally identifiable information (PII), the contractor shall certify that it has a security policy in place that contains procedures to promptly notify any individual whose PII was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the COR, for both method and content of notification, be-fore the notification is released. The contractor assumes full responsibility for taking corrective action, which may include offering credit monitoring when appropriate.

(d) Pass-through of Security Requirements to Subcontractors. For each subcontractor whose work requires ac-cess to judiciary facilities, IT resources, or data, the contractor must certify that it has incorporated this clause in the subcontract. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor.

(e) Certification of Destruction/Sanitization. At the expiration of the contract, the contractor shall return all ju-diciary information and IT resources provided to the contractor during the contract, and provide a certification that all contractor assets, e.g., laptops, thumb drives, servers, and databases, containing or used to process judi-ciary information have been sanitized or destroyed. Upon submission of the final invoice (or sooner upon COR request), the contractor will certify in writing that sanitization and/or destruction has been performed pursuant to a method allowable under the NIST Special Publication 800-88, Guidelines for Media Sanitization (or its successor). This certification shall be in a form substantially similar to AO Form 553 and shall include a de-scription of the data and the asset on which it was stored, the date and method of destruction/sanitization, and by whom. The contractor’s final invoice is due and payable only when it has complied with the requirements of this paragraph.

(END)

Section J - List of Attachments

Identifier Title Date Number of Pages

1 J.1 Judiciary Draft Cloud PWS July 22.pdf - ADDED 07/28/2022 2 J.2 Performance Measurement Management Plan-July 22.pdf - ADDED 07/28/2022 3 J.3 BPA Discount Workbook Jul 22.xlsx - ADDED 07/28/2022 4 J.4 TSO BPA Call PWS July 22.pdf - ADDED 07/28/2022 5 J.5 TSO BPA Call Price workbook July 22.xlsx - ADDED 07/28/2022

Section K - Representations, Certifications and Other Statements of Offerors or Respondents No Provisions

Section L - Instructions, Conditions and Notices to Offerors or Respondents

Clause L.1 General Instructions was deleted.

L.1 General Instructions

General Information Procurement within the federal judiciary is not subject to the Federal Acquisition Regulation (FAR), which ap-

USCA22R0092 /0003 - Page 8 of 15 plies to most Executive Branch agencies. Judiciary procurement policies are the responsibility of the Procure-ment Management Division (PMD) within the Administrative Office of the U.S. Courts (AO), and are issued in the Guide to Judiciary Policy, Volume 14 (Procurement). Offerors or contractors wishing to find the full text of individual provisions or clauses incorporated by reference in judiciary solicitations and contracts are directed to Appendix 1B of Volume 14.

Who Can Offer:

The judiciary requires privity of contract directly with the CSPs due to our need to maintain the closest possible custody of judiciary data, solutions, and systems and limiting infrastructure vulnerability.

Therefore, all offerors must be CSPs.

L.1 Reading Rooms L.1.1 General The Judiciary Information Security Framework (JISF), and the JISF to FedRAMP Crosswalk cannot be posted publicly due to their sensitivity. Due to the security nature of the documents, the documents can only be viewed at the government’s site. The purpose of the AO Judiciary Reading Room is to provide prospective offerors ac-cess to those documents. All prospective offerors are highly encouraged to access the documents via the reading room. Under no circumstances will the documents be sent via Email, fax, or posted on SAM.gov. The docu-ments must remain in the reading room. No copies, images, or captures of the documents will be provided or al-lowed. Prospective Offerors will be allowed to take notes of reading material documents, but a electronic devices (i.e. cell phones, iPads, Tablets, cameras, etc.) will not be allowed in the reading room. There will be no exceptions. All electronic devices will be turned in before entering in the reading rooms,. Currently there is one

(1) planned reading room, but additional reading rooms may be added if needed. If there are multiple reading rooms, those locations would be in close proximity and therefore prospective offerors may encounter each other in common areas.

L.1.2 Location The reading room will be located at:

Administrative Office of the United States Courts Thurgood Marshall Federal Judiciary Building

One Columbus Circle, NE Washington, DC 20544

L.1.3 Scheduling.

Access to the reading room is by appointment only. Reading room access will be available during business days between June 16, 2022 through June 27, 2022. Each appointment will be for one (1) day from 9:00 AM ET – 5:00 PM ET. Prospective offerors will be able to make only one (1) appointment.

To schedule an appointment prospective offerors must email appointment requests to AO_Cloud_Reading_Room@AO.UScourts.gov. The request must contain:

• Company Name

• Full Names of each attendee.

• Requested date and 2 alternate requested dates.

Following the request, the Contract Specialist will arrange for building access and an escort. The prospective of-feror will receive a confirmation of the appointment including the date and time slot for their visit. The Offer-or’s participants in the reading room shall be limited to five (5) attendees.

L.1.4 Visiting All visitors are required to access the main entrance (off of Columbus Circle, NE). All visitors must have an of-

USCA22R0092 /0003 - Page 9 of 15 ficial government issued ID. Entry will not be granted to persons whom do not have a valid driver’s license, or Government issued identification with their picture. DO NOT PROVIDE SOCIAL SECURITY NUMBERS (SSN). The Judiciary will not reimburse firms for any expenses associated with the submission of proposals, or participation in the review of all reading room documents.

There is no on-site parking.

The Government will not reimburse prospective offerors for parking, or any other means of transportation.

COVID-19 Community Levels Protocols

Masking, social distancing, and testing protocols are based on the latest COVID-19 Community Levels, re-leased on Thursdays by the Centers for Disease Control and Prevention (CDC). When the COVID-19 Com-munity Level is HIGH in Washington, DC which is where an AO facility is located, mask-wearing is required.

Before coming to an AO facility, conduct a health self-assessment. If you answer yes to any of these questions, do not enter an AO facility and consult your health care provider for further guidance.

1. Are you currently experiencing or have you experienced any of the following symptoms within the past 48 hours?

Fever (Temperature equal to or greater than 100.4 F) Chills with shaking or teeth chattering Fatigue Muscle or body aches Congestion or runny nose Sore throat Frequent cough Shortness of breath at rest Nausea or vomiting Diarrhea Headache Loss of ability to taste or smell

L.2. -Submission of Questions Questions regarding this solicitation must be electronically submitted no later than 9:00 AM ET on July 5, 2022. Questions shall be electronically submitted to the Contract Specialist (CS) and Contracting Officer (CO) at the AO_Cloud_Questions@AO.UScourts.gov. Failure to address questions to this e-mail address will result in your question not being answered: The prospective offeror must include the solicitation number in the subject line of the email.

L.3- Submission of Written Proposals Unless otherwise amended, proposals are due no later than the time and date specified on SF 33 Block 9 (Eastern Time). Proposals shall be electronically submitted to the email addresses listed below. Please note that a proposal will be marked as late if the proposal is received in the email inbox after the time specified above.

Late proposals may not be considered for award at the discretion of the CO and in accordance with provision 3-100.

Contract Specialist: Kurtina Edwards Contracting Officer: Christina Carter-Kurant E-mail address: AO_Cloud_Proposal_Submission@AO.UScourts.gov

L3.1 - Quotation Format/Information:

Page Size and Limitation:

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Page size shall be 8.5 x 11 inches, not including foldouts. Pages shall be single-spaced. Except for the repro-duced sections of the solicitation document, the text size shall be no less than Times New Roman 10 point. Use at least 1-inch margins on all sides of each page. Pages shall be numbered sequentially by volume. Page limita-tions have been removed (no page limitation); however, submissions are limited to what is required in Section L.3.3. No hyperlinks will be acknowledged or accepted.

L.3.2 - Electronic Submission:

All proposals must be submitted electronically by the date and time identified in the solicitation form. Quota-tions must be valid at least 120 days after the due date for the receipt of quotations. The electronic copies of the quotation shall be submitted in a format readable and usable by Microsoft Office 365 suite (MS Word, MS Excel, PowerPoint); or an Adobe Acrobat PDF. The use of hyperlinks in proposals is prohibited, including links to external data stores. The following file extensions are not allowable and application materials/data submitted with these extensions cannot be considered: .bat, .cmd, .com, .exe, .pif, .rar, .scr, .vbs, .hta, .cpl, html, mhtml, and .zip files. The entire proposal submission including all files shall not exceed 10 MBs

L.3.3 Volumes The Offeror shall submit their written proposals in following volumes:

I. TSO BPA Call Price Workbook II. BPA Discount Workbook III. SF 33, completed clauses and provisions, Oral Presentation Team members, Certifications/Representa-tions.

IV. CSP Commercial Agreement

L.3.3.1 Volume I-TSO BPA CALL PRICE WORKBOOK The offeror shall submit a TSO BPA Call price proposal to implement their solution on the first call referenced in Section J (Attachment 4) using Attachment 5 Cloud TSO BPA Call Price workbook. The Judiciary intends to award the BPA Call without discussions as stated in Provision 3-100; therefore, the offeror is highly encouraged to present their best pricing. Workbooks specific instructions are contained in the attachment. The offeror shall also submit an estimate from the CSP’s estimating system or tool that correlates the proposed prices. The dis-counted rates shall be at or below the discounts for the related services category discounts proposed for the BPA on attachment 3. Price information shall be confined to the Price volume documents and shall not be included in any other section of the Solicitation.

L.3.3.2 Volume II-BPA DISCOUNT WORKBOOK The offeror shall use and submit the BPA Discount Workbook, Attachment 3, to:

a. Enter the CSP’s service categories by functional area as detailed in the PWS.

b. Input rate discount percentages for each service category for each year

c. Input the labor rates for the labor categories for each year.

L.3.3.3 - Volume III-Solicitation, Offer and Award Documents, Certifications and Representations:

The Offeror shall fill in required information on the cover page of the Solicitation SF-33 and submit the cover page signed by an authorized official of the offeror in accordance with Provision 3-95, Preparation of Offers.

The offeror must attach to the SF-33 cover page information required to be provided by Section K of the Soli-citation or by any Provision or Clause of the Solicitation (including those incorporated by reference).

a. A list of persons and their contact information that are authorized to negotiate on behalf of your organiza-tion with the Judiciary.

b. Provide the Unique Entity Identifier (UEI) number for your organization along with a statement stating whether your organization is registered in the System for Award Management (SAM).

c. Sign and return a copy of the first page of the solicitation along with the first page of any amendments to the solicitation, if applicable.

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d. A list of the names, employers/companies, and e-mails of the oral presentation participants.

L.3.3.4 - VOLUME IV - CSP COMMERCIAL AGREEMENT

The Offeror shall submit a copy of its commercial agreement; however, Clause 3-120 - Order of Precedence, applies.

L.4 Oral Presentation All Offerors that submit a written price proposal in accordance with L.3 shall be invited to make an oral presentation.

The oral presentation will be conducted virtually via Microsoft Teams. During the oral presentation the Offer-or shall provide sufficient information for the Government to determine its level of confidence in the ability of the Offeror to perform the requirements of the RFP.

L.4.1 Oral Presentation Scheduling Oral presentations will be scheduled, and begin, no later than five (5) days after receipt of price proposals.

L.4.2 Number of Slides There is no limit to the number of slides that can be presented during the oral presentation, but the offeror is re-minded to consider that the oral presentation is time-boxed and is encouraged to consider how many slides can be adequately covered during the oral presentation. All slides shown must be explained or addressed by the of-feror.

L.4.3 Presenters The Offeror’s presentation team is limited to 10 individuals, 4 of whom must be current employees of the Offer-

or. An individual shall not participate in more than one Offeror's oral presentation.

L.4.4 Presentation The presentations shall be organized into two (2) segments each correlating to the two (2) technical factors in Section M sufficient to permit the government to assess its level of confidence that the offeror will successfully perform the requirements.

L.4.4.1 Optional Clarification Interactive Dialogue Following each segment, if needed, the Government will caucus to identify any clarifications it may require un-derstanding the presentation. If needed, the Government will be allowed up to 45 minutes to ask any clarifica-tion questions of the offeror. This interactive dialogue does not constitute discussions.

L.4.5 Time Oral presentations will be limited to three (3) hours, broken down as follows:

Oral Presentation Portion Oral Presentation Component Total Time Allotment 1 Presentation Factor 1 BPA Technical and Management Approach 30 minutes limit

2 Factor 1 Segment Optional Clarifica-tion Interactive Dialogue

45 minutes limit

3 Presentation Factor 2 TSO BPA Call Technical Approach

30 minutes limit

4 Factor 2 Segment Optional Clarifica-tion Interactive Dialogue

45 minutes limit

L.4.6 Oral Presentation Rules of Engagement

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The following initial guidelines are provided for the benefit of Offerors:

L.4.6.1 The Offeror shall confirm Presentation team names and their proposed roles to the CO and/or CS at least 24 hours in advance of the oral presentation.

L.4.6.2 The Offeror’s presenters shall not ask questions of the Government evaluators. There shall be no side-bar interactions between Offeror and Government personnel.

L.4.6.3 The Offeror shall not make any statement that contradicts or changes any text in its written submission.

In answer to any clarification question the Government might ask, the Offeror shall not make any statement that contradicts or changes anything it previously said.

L.4.6.4 The Government will video and /or audio record the oral presentations, but the government will not provide recordings to offerors.

Section M - Evaluation Factors for Award

Clause M.1 Evaluation Criteria was deleted.

M.1 Evaluation Criteria

BASIS FOR AWARD

The judiciary intends to award at least three (3) Blanket Purchase Agreements to responsible offerors each providing a proposal that conforms to the requirements of the Solicitation, which is determined to represent the best value to the judiciary on the basis of the following evaluation factors:

Factor 1 – BPA Technical & Management Approach Factor 2 –TSO BPA Call Technical Approach Factor 3 – Price

In determining the best value, the non-price factors are significantly more important than Price. The non-price factor are approximately equal.

The judiciary may make trade-offs between technical excellence and price when determining which proposal offers the best value. Trade-offs will be based on the judiciary's assessment of whether the technical excellence offered provides added value, added capability, and/or reduced risk to the judiciary. The importance of price in the evaluation will increase with the degree of equality of the technical proposals or when the price difference is so significantly high as to diminish the value of the technical superiority.

EVALUATION APPROACH CRITERIA

(1) Factor 1. Technical & Management Approach:

The judiciary will assess its level of confidence that the offeror will successfully perform the requirements set forth in the Solicitation, while mitigating performance risk; including:

a. The Judiciary will evaluate how effectively and efficiently the Offeror’s proposed solution can fulfill the Judiciary’s vision for all services as described in the PWS within the constraints and assumptions stated.

b. The Judiciary will evaluate the Offeror’s VMWare Hypervisor availability within the CSP or an approach to provide VMWare Hypervisor availability within 3 months of BPA award.

c. The Judiciary will evaluate if the Offeror’s proposed solution to meet all SLAs as described in the PMM.

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d. The Judiciary will evaluate how Offeror’s proposed processes and procedures will integrate with Judi-ciary system requirements as well as third-party vendors.

e. The Judiciary will evaluate if the Offeror’s proposed solution can comply with the statutes, regulations, and policies listed in this solicitation.

f. The Judiciary will evaluate how effectively and efficiently the Offeror’s proposed solution is able to ac-commodate the various applications and functions that the Judiciary will transition to the new environ-ment.

g. The Judiciary will evaluate if the Offeror’s proposed solution meets Judiciary Information Security Frame-work (JISF) Low, Moderate, and High authorized compliance by evaluating how the offeror meets section

5.3 of the PWS as well as how the offeror plans to satisfy the controls not typically met by FedRAMP, and how the controls will be met.

h. The Judiciary will evaluate how effectively and efficiently the overall management approach meets the re-quirements as listed in section 4.2 BPA Administration and Management in the PWS.

i. The Judiciary will evaluate how effectively and efficiently the overall management approach ensures pro-ductive client interaction as well as a responsiveness of Contractor personnel to Judiciary inquiries. This includes proactively maintaining a detailed tracking of assigned tasks and responding to all entities with professional business dealings related to the assigned tasks.

j. The Judiciary will evaluate the offeror’s approach to maintain clear tracking of multiple BPA Calls within this BPA and how they will maintain visibility with regards to any and all licensing agreements across multiple BPA Calls.

(2) Factor 2. Technical Approach TSO BPA Call:

The judiciary will assess its level of confidence that the Offeror’s proposed solution is able to accommodate the various Judiciary and third-party applications and functions that the Judiciary will transition to the CSP environ-ment. This will include the following:

a. The Offeror’s proposed processes and procedures to determine how they will facilitate integration of Judi-ciary systems and other third-party systems.

b. The proposed solution offerings against the requirement as stated in the TSO BPA Call’s PWS. This evalu-ation will include a review of a price-redacted order sheet along with the technical proposal to determine if the product/service offerings provided are in alignment with the requirement as stated in the TSO BPA Call PWS.

c. The end-to-end process of service delivery, verification, and closeout by evaluated a provided sample price-redacted billing of the TSO BPA Call PWS to ensure services can be clearly identified for verifica-tion Based on the evaluation findings, the Judiciary will consider and evaluate the degree of risk that will be encountered as a result of implementing the solution in terms of this evaluation factor.

(3) Factor 3. Price:

The judiciary will evaluate price reasonableness for the BPA by comparing the BPA Call Total from the TSO BPA Call Workbook. Any offer that is materially unbalanced as to prices for basic and option quantities may be rejected. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is determined by the judiciary to be significantly overstated or under-stated. "Price realism" analysis will NOT be done in evaluating proposals.

Technical Evaluation The technical evaluation shall consist of an evaluation of the Offeror’s Technical presenation that shall be eval-uated on a confidence level basis. The Government intends to assess each proposal to determine how much con-fidence the Government has that the contractor understands and shall successfully perform the requirements for each Factor based on assessing the criteria identified above in section M:

A single confidence rating shall be assigned to each non-price factor shall receive its own separate confidence rating. All confidence ratings will be based on the table below:

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Table M-1: Confidence Ratings Confidence Rating Description High Confidence The Government has high confidence that the Offeror understands the Requirement, proposes a sound ap-proach and will be successful in performing the con-tract.

Some Confidence The Government has some confidence that the Offeror understands the Requirement, proposes a sound ap-proach and will be successful in performing the con-tract.

Low Confidence The Government has low confidence that the Offeror understands the Requirement, proposes a sound ap-proach and will be successful in performing the con-tract.

Each assessed confidence rating shall not be determined based on a narrative description of the relative strengths and weaknesses of an offeror’s proposal but instead shall be determined based on a list of specific bul-let points that supports the assessed confidence rating for that proposal.

AWARD WITHOUT DISCUSSIONS

As stated in judiciary provision 3-100, Instruction to Offerors, the judiciary intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer shall contain the offeror's best terms from a price and technical standpoint. However, the judiciary reserves the right to conduct discussions if the contracting officer later determines them to be necessary.

MULTIPLE AWARD

The judiciary intends to award at least three (3) Blanket Purchase Agreements. Each BPA will be for services from a different CSP for the term of the BPA. No offeror will be awarded more than one (1) BPA. For example, the government intends to award at least three (3) BPAs as detailed below:

BPA 1 for CSP A BPA 2 for CSP B BPA 3 for CSP C

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