USCA24R0021 060424 AO signed.pdf

SOLICITATION/CONTRACT/ORDER

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

FPO240037

5. SOLICITATION NUMBER

USCA24R0021

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/04/2024

7. FOR INFORMATION CALL: a. NAME Patricia A. Butler

b. TELEPHONE NUMBER (No collect calls) 202-502-2796

8. OFFER DUE DATE / LOCAL

TIME

06/18/2024 10:00:00

CODE PMD

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

Suite 3-250 Washington, DC 20544-0001

9. ISSUED BY 10.

NOT USED

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS 13.

NOT USED RFQ X RFP

14. METHOD OF SOLICITATION

FPOCODE15. DELIVER TO

Finance and Procurement Office Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 5-220 Washington, DC 20544-0001

CODE16. ADMINISTERED BY (if other than Block 9)

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

AO_COTRCODE18a. PAYMENT WILL BE MADE BY Matthew Cederholm Administrative Office of the U.S. Courts Finanace and Procurement Office DAS-FPO One Columbus Circle NE Washington, DC 20544-0001

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

OFFER

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

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

25. ACCOUNTING AND APPROPRIATION DATA

2024-092000-OAFISOX-2559-FPO-2024

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27. Applicable terms and conditions are as stated in the continuation pages.

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

USCA24R0021 - Page 1 of 16

Patricia A. Butler 06/04/2024

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

USCA24R0021 - Page 2 of 16

Supplies or Services and Prices/Costs

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

0001 Quarterly Tax Estimates as detailed in C-1

Statement of Work

5 Each

Extended Description:Base Year Period of Performance:10/15/2024 - 10/14/2025

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

0002 Annual Return for the Disputed Ownership Fund

(DOF) Pool as detailed in C-1 Statement of Work

1 Each

Extended Description:Base Year Period of Performance:10/15/2024 - 10/14/2025

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

1001 Quarterly Tax Estimates as detailed in C-1

Statement of Work

1 Each

Extended Description:Option Year One (1) Period of Performance:10/15/2025 - 10/14/2026

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

1002 Annual Return for the Disputed Ownership Fund

(DOF) Pool as detailed in C-1 Statement of Work

1 Each

Extended Description:Option Year One (1) Period of Performance:10/15/2025 - 10/14/2026

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

2001 Quarterly Tax Estimates as detailed in C-1

Statement of Work

1 Each

Extended Description:Option Year Two (2) Period of Performance:10/15/2026 - 10/14/2027

USCA24R0021 - Page 3 of 16

2002 Annual Return for the Disputed Ownership Fund

(DOF) Pool as detailed in C-1 Statement of Work

1 Each

Extended Description:Option Year Two (2) Period of Performance:10/15/2026 - 10/14/2027

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

3001 Quarterly Tax Estimates as detailed in C-1

Statement of Work

1 Each

Extended Description:Option Year Three (3) Period of Performance:10/15/2027 - 10/14/2028

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

3002 Annual Return for the Disputed Ownership Fund

(DOF) Pool as detailed in C-1 Statement of Work

1 Each

Extended Description:Option Year Three (3) Period of Performance:10/15/2027 - 10/14/2028

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

4001 Quarterly Tax Estimates as detailed in C-1

Statement of Work

1 Each

Extended Description:Option Year Four (4) Period of Performance:10/15/2028 - 10/14/2029

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

4002 Annual Return for the Disputed Ownership Fund

(DOF) Pool as detailed in C-1 Statement of Work

1 Each

Extended Description:Option Year Four (4) Period of Performance:10/15/2028 - 10/14/2029

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

5001 Quarterly Tax Estimates as detailed in C-1

Statement of Work

1 Each

Extended Description:Six-Month Option to Extend afforded by Clause 2-90C, Option to Extend Services

USCA24R0021 - Page 4 of 16

Period of Performance:10/15/2029 - 04/14/2030

5002 Annual Return for the Disputed Ownership Fund

(DOF) Pool as detailed in C-1 Statement of Work

1 Each

Extended Description:Six-Month Option to Extend afforded by Clause 2-90C, Option to Extend Services Period of Performance:10/15/2029 - 04/14/2030

Descriptions/Specifications/Statement of Work

C-1 Statement of Work

U.S. Courts—Tax Expertise Introduction The purpose of this Statement of Work is to procure tax expertise to assist the Administrative Office of the U.S.

Courts (AO) with preparing and filing tax returns and estimated tax payments for the Disputed Ownership Fund (DOF) Pool.

Background Historically, tax requirements for deposits held by the courts were very limited. Based on Internal Revenue Ser-vice (IRS) guidance, courts reported earnings accrued on such deposits to the IRS upon disbursement and courts still report taxable interest earnings on most federal court deposits upon disbursement. In 1994, however, the AO recognized that 26 U.S.C. § 468B and its implementing regulations required those registry deposits identi-fied as designated and qualified settlement funds (DSFs and QSFs) to report and pay taxes annually rather than at disbursement. The AO issued policy guidance to the courts on tax requirements for these entities.

In 2006, the IRS revised its regulations to require current taxation and reporting for “disputed ownership funds.”

Pursuant to the AO’s national solution, federal courts throughout the country deposit interpleader funds into a single DOF pool held centrally in the Court Registry Investment System (CRIS), managed by the AO. The DOF Pool is recognized by the IRS as the taxable entity, and all taxes on net income are paid through the DOF Pool.

The AO files an annual return for the DOF Pool as well.

The DOF pool was created in 2017 to address IRS regulations regarding estimated tax payments for disputed ownership funds. As of January 31, 2024, the DOF Pool held over 300 cases, totaling more than $219 million.

Total taxes paid exceeded $2.6 million for the 2023 calendar year.

Managing the DOF taxes is a mature process with well-defined roles. The tax consultant works with the Invest-ment Services Branch at the AO to generate the quarterly tax estimates and generate the information needed for the annual return.

Scope The contractor shall assist the Judiciary in two (2) key areas: advising on quarterly tax payments and preparing annual returns (Form 1120SF) for the DOF Pool.

TASKS:

Task 1. Quarterly Tax Payments (Firm Fixed Price)

The contractor shall perform the following functions:

1. Prepare quarterly tax estimates, based on data downloaded from the Treasury’s FedInvest system (used by

USCA24R0021 - Page 5 of 16 the AO to track investment activity and balances) and a list of manual adjustments provided by the Invest Services Branch.

2. Prepare detailed workpapers in support of the quarterly estimate.

3. Provide occasional guidance on tax questions generated by the regular operation of the DOF Pool.

4. Assist with responding to IRS inquiries if needed.

Task 2. Annual Return for the DOF Pool (Firm Fixed Price)

The contractor shall prepare the annual tax return for the DOF Pool, IRS Form 1120SF.

Deliverables The contractor shall deliver a memo or letter to the Contracting Officer’s Representative (COR), along with supporting workpapers, with the amount of quarterly taxes due. The contractor shall deliver a memo or letter to the Contracting Officer's Representative (COR), along with the supporting workpapers, with the amount of quarterly taxes due. The delivery date is 7 business days prior to the filing deadline for quarterly tax pay-ments, as established and published by the IRS. The tax payments are made in April, June, September, Decem-ber, and January.

The contractor shall deliver a completed IRS Form 1120SF and Form 2220 (if there is an underpayment penalty calculate on the Form 1120SF) to the COR, along with supporting forms and documentation. The delivery date is 30 calendar days prior to the filing deadline for Form 1120SF. The filing deadline is on or about April 15, as established and published by the IRS.

Applicable Clauses

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

2-50 Continuity of Services JAN 2003

2-55 Privacy or Security Safeguards JAN 2003

2-80 Judiciary Property JAN 2003

3-3 Provisions, Clauses, Terms and Conditions - Small Purchases JUN 2014

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

7-1 Contract Administration JAN 2003

7-5 Contracting Officer's Representative APR 2013

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

7-20 Security Requirements APR 2013

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

7-55 Contractor Use of Judiciary Networks JUN 2014

7-115 Availability of Funds JAN 2003

2.90D Option to Extend the Term of the Contract

USCA24R0021 - Page 6 of 16

(a) The judiciary may extend the term of this contract by written notice to the contractor no later than within the performance period of the contract or within 30 days after funds for the option become available, whichever is later; provided that the judiciary gives the contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the judiciary to an exten-sion.

(b) If the judiciary exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(END)

B-5 Clauses Incorporated by Reference OCT 2010

This procurement incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.uscourts.gov/procurement.aspx.

(END)

F-1 Period of Performance

The period of performance for the Task Order will be a one (1) base year with four (4) option years, and with a six-month option period available in accordance with Clause 2-90C, Option to Extend Services.

F-2 Place of Performance

Work under the resulting task order shall be performed at the contractor’s facility or remotely in accordance with the security requirements of this contract.

The Contractor shall obtain a Judiciary identification badge following a background check, and access to the AO’s computer network (via remote access).

G-1 Appointed Contracting Officer's Representative

The appointed Contracting Officer's Representative is:

The following will be added at contract award:

[insert in the COR’s first and last name] [insert in the COR’s business address] [insert in the COR’s telephone number] [insert in the COR’s email address]

G-2 Invoice Submission

In accordance with Clause 7-125(a), invoices shall be submitted to the appointed COR via email.

G-3 Contractor Personnel Status Identification

Contractor and their Subcontractor staff must identify themselves as Contractors or Subcontractors during meet-ings, telephone conversations, in electronic messages via their signature block in emails or instant messages, or any other correspondence related to the order. All Contractor and their Subcontractor staff shall wear the appro-priate Federal Judiciary identification badges at all times.

G-4 Costs Associated with Off-Site Personnel

Through the course of this requirement, any cost required to support off-site personnel shall be the contractor’s responsibility. This includes remote work that may be granted for those normally required to be on-site. This in-cludes all shipping costs of Government material to the contractor’s remote locations, if required.

USCA24R0021 - Page 7 of 16

G-5 Non-Disclosure Agreement

All contractor (including any subcontractor) personnel assigned to this contract shall sign a Non-Disclosure Agreement (NDA) during the onboarding process. The Contractor may also be required to sign a corporate level NDA by a person with the authority to bind the company. The signed NDA(s) must be provided to the Contract-ing Officer and COR prior to the Contractor and any of their staff beginning work.

A copy of the NDA will be provided to the Contractor upon award. All Contractor staff are always subject to the terms of the NDA.

G-6 Contractor Personnel Security

The contractor must provide personnel that are able to attain Tier 2 Public Trust Suitability Determination. Each employee of the Contractor providing support services under this Order is subject to the AO security require-ments as listed in Clause 7-20, Security Requirements.

Tier 2 means an investigation is required for positions designated as moderate risk and are considered nonsens-itive.

G-7 Costs Associated with obtaining Facility Access Cards (FAC)/ Personal Identity Verification Interoperable (PIV-I) for Off-Site Contractor Personnel

Through the course of this requirement, any cost required to obtain FACs/PIV-Is for off-site personnel shall be the contractor’s responsibility.

G-8 IT Awareness and Security Training

All Contractor personnel performing under this contract shall complete the annual mandatory AO Security Awareness Training and periodic IT security training throughout the duration of the order. The AO Security Awareness Training course takes approximately one (1) hour to complete, other training ranges from 5 minutes to approximately 30 minutes. The Government will provide training on the unique US Courts procedures and tools used for threat hunting, malware analysis, and incident response.

H-1 Minimally self-performing.

Contractor shall be 50% minimally self-performing.

H-2 Local Travel

Local travel is defined as any location within a 50 mile radius of the Thurgood Marshall Federal Judiciary Building. Local travel will not be reimbursed. No travel is anticipated under this contract.

H-3 Unenforceability of Unauthorized Obligations (APR 2024)

(a) Except as stated in paragraph (b) below, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agree-ment, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechan-ism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Govern-

USCA24R0021 - Page 8 of 16 ment authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly author-ized by statute and specifically authorized under applicable judiciary policy.

(END OF SPECIAL CONTRACT REQUIREMENT)

2-90C Option to Extend Services APR 2013

The judiciary may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of perform-ance hereunder shall not exceed 6 months. The contracting officer may exercise the option by written notice to the contractor no later than within the performance period of the contract or within 30 days after funds for the option become available, whichever is later, provided that the Government gives the Contractor a preliminary written notice of its intent at least 60 calendar days prior to the contract's current expiration date.

(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: ___________________________________________________________________________ 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)

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)

List of Attachments

Identifier Title Date Number of Pages

1 Pricing Attachment 04/11/2024 2 FOD DOF Tax Work_Non-Disclosure or Use of Information 05/22/2024 2

Representations, Certifications and Other Statements of Offerors or Respondents

USCA24R0021 - Page 9 of 16

3-5 Taxpayer Identification and Other Offeror Information APR 2011

(a) Definitions "Taxpayer Identification (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a so-cial security number or an employer identification number.

(b) All offerors shall submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A and implementing regulations issued by the IRS. If the resulting contract is subject to the payment re-porting requirements, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to payment recording requirements, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN):

[__] TIN has been applied for.

[__] TIN is not required, because:____________________________________________________________ [__] Offeror is a nonresident alien, foreign corporation or foreign partnership that does not have income effect-ively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[__] Offeror is an agency or instrumentality of a foreign government;

[__] Offeror is an agency or instrumentality of the federal government.

(e) Type of organization:

[__] sole proprietorship;

[__] partnership;

[__] corporate entity (not tax-exempt);

[__] corporate entity (tax-exempt);

[__] government entity (federal, sate or local);

[__] foreign government;

[__] international organization per-26 CFR 1.6049-4;

[__] other ___________________________________________________________________________.

(f) Contractor Representations The offeror represents as part of its offer that it is [__], is not [__] , 51% owned and the management and daily operations are controlled by one or more members of the selected socio-economic group(s) below:

[__] Women Owned Business [__] Minority Owned Business (if selected, then one sub-type is required)

[__] Black American Owned [__] Hispanic American Owned [__] Native American Owned (American Indians, Eskimos, Aleuts, or Native Hawaiians) [__] Asian-Pacific American Owned (persons with origins from Burma, Thailand, Malaysia, Indone-sia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Terrritory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)

[__] Subcontinent Asian (Asian-Indian) American Owned (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Napal)

[__] Individual/concern, other than one of the preceding.

(END)

Instructions to Offerors or Respondents

USCA24R0021 - Page 10 of 16

4-1 Type of Contract JAN 2003

The judiciary plans to award a Firm Fixed-Price type of contract under this solicitation, and all offers shall be submitted on this basis. Alternate offers based on other contract types will not be considered.

(END)

L-1 General Information

It is the intent of the Government to award a contract from this solicitation without discussions. Award will be made on a Trade-off basis. This section provides all submission requirements necessary to be considered for award of the resultant contract. Respondents should refer to Section M – Evaluation Factors for Award for the process by which the Government will evaluate responses and make its award decision because of this solicita-tion.

Responses shall be clear, concise and include sufficient detail to enable the Government to fully evaluate. In-formation should be formatted as instructed so that the information may be easily located, extracted, and ana-lyzed by the Government. To the extent practicable, responses should be organized in the order in which the re-quirements are presented in the Statement of Work.

Responses shall be submitted with the minimum content as specified herein. Responses without the minimum content required may be determined non-compliant and removed from further consideration. Responses must be received no later than the date and time indicated on the provided Standard Form 1449, block 8.

The point of contact for this requirement is Mr. Patricia A. (Tricia) Butler, who can be contacted at email:

patricia_butler@ao.uscourts.gov. All questions regarding this solicitation and its attachments shall be submitted in writing via email. The due date and time for questions and comments regarding this solicitation is 10:00AM, ET, June 10, 2024. Questions will not be accepted after specified date and time.

Proposals are due by no later than 10:00AM, ET, June 18, 2024.

Telephone inquiries will not be accepted. When submitting questions and comments please refer to the specific text of the solicitation in the following format:

Subject: NO. USCA24R0021 Reference: Section ____, Paragraph (s) ____, Page(s) ____.

All responses to questions will be provided to all interested parties.

L-2 Proposal Instructions

Proposal pages shall be 8.5” x 11” typed and numbered sequentially using a font no smaller than 12-point Times New Roman or Arial type. Information submitted more than the page limitations identified for each pro-posal section will not be considered or evaluated. Drawings or other graphics shall be reduced only to the extent legibility is not lost. A page printed on both sides will be counted as two (2) pages. Do not submit any materials not required by this solicitation (such as company brochures and marketing material).

Offerors shall confine submissions to essential matters, sufficient to define the proposal in a concise manner.

Offerors are cautioned that a restatement of the technical requirements in the Solicitation does not demonstrate an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal.

L-3 Proposal Preparation

The proposal must be compliant with the requirements as stated in the solicitation herein. Nonconformance with the solicitation requirements may result in an unfavorable proposal evaluation and elimination from considera-tion for award. Offerors shall provide a proposal in response to this solicitation. Proposal shall be prepared and divided as follows:

Offerors shall submit the following information in each Volume of the proposal:

USCA24R0021 - Page 11 of 16

Cover letter containing:

a. Solicitation number;

b. Name, address, email address and telephone number of the Offeror; and

c. Names, title, email and telephone number of persons authorized to sign the proposal/contract (and negotiate) on the Offeror’s behalf, on company letterhead.

d. Unique Entity ID

f. CAGE Code

The proposal shall consist of four (4) Volumes.

1. Corporate Capability

2. Key Personnel Resume(s) - Offeror shall map all proposed labor categories, including key personnel, and including labor hours to each task and denote the description that applies to each task.

3. Price - Offerors shall align invoicing to task completion. Offerors shall complete this Request for Propos-al's Schedule B and Attachment One (1).

4. Business (including SF1449) Proposal shall be submitted via email to Tricia Butler, Contract Specialist, email: patri-cia_butler@ao.uscourts.gov

Volume I. Corporate Capability: The offeror shall provide three to five recent [1] examples of performing services similar [2] to the services being solicited under this RFQ.

Offerors shall demonstrate in narrative format the following:

1. Experience with successfully calculating quarterly tax estimates. Not to exceed one (1) page.

2. Experience preparing workpapers in support of quarterly tax estimates. Not to exceed one (1) page.

3. Experience in preparing IRS Form 1120SF and related forms. Not to exceed one (1) page.

4. Experience preparing workpapers in support of IRS Form 1120SF. Not to exceed one (1) page.

5. Experience with qualified settlement funds. Not to exceed one (1) page.

6. How offeror will ensure deadlines will be met for preparing and filing taxes, and the processes offeror has in place if meeting the deadlines are at risk. Not to exceed one (1) page.

7. A thorough understanding of the required processes and workflow needed to execute the required tasks.

Not to exceed one (1) page.

[1] Recent - to be considered recent, work must have been performed under the referenced Corporate Capability contract for services similar to the services being solicited under RFP USCA24R0021 during the five years pre-ceding the issue date of the Solicitation

[2] Relevant - to be considered relevant, work must have been performed under the referenced Corporate Capability contract for services similiar to the services being solicited under RFP USCA24R0021.

Volume II. Key Personnel Resumes.

Key Personnel Resume(s): Not-to-exceed two (2) pages per resume.

Offerors shall propose key personnel to ensure the requirements of the Statement of Work (SOW) are met. Key personnel shall be a licensed Certified Public Accountant (CPA) and have three or more years of experience preparing corporate and/or trust tax returns. All deliverables shall be prepared by and/or reviewed by a licensed

CPA.

Volume III. Price Proposal: Offerors are responsible for submitting complete and accurate pricing, inclusive of all option periods included in this solicitation. Any proposal that is materially unbalanced as to pricing base and option quantities may be rejected. Unbalanced pricing exists when despite an acceptable total evaluated price, the price on one or more contract line items is determined by the judiciary to be significantly overstand or

USCA24R0021 - Page 12 of 16 understated.

Price proposal shall include detail including labor categories, hours, and price per hour for each category.

Volume IV – Business: Responsive proposals shall include the following. Non-responsive proposals may not be evaluated and may be eliminated from the competition.

1. SF1449, completed and signed by an authorized person from the company, inclusive of completed Pricing Schedule - Section B. The Offeror shall insert its proposed price for all CLINs including subtotals and total.

2. Acknowledgement of all amendments(s) issued for this solicitation – Include fully executed copies of amendments.

3. Offerors must propose labor hour pricing for each Contract Line Item Number (CLIN) using the pricing at-tachment.

The Government requires a proposal effective period of at least 120 days. The Offeror may specify a period longer than the stated minimum effective period but may not specify a period shorter than the stated minimum effective period.

3-100 Instructions to Offerors APR 2013

(a) Definitions. As used in this provision:

"Discussions" are negotiations that occur after establishment of the competitive range that may, at the contract-ing officer's discretion, result in the offeror being allowed to revise its offer.

"In writing," "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

"Offer modification" is a change made to an offer before the solicitation's closing date and time, or made in re-sponse to an amendment, or made to correct a mistake at any time before award.

"Offer revision" is a change to an offer made after the solicitation closing date, at the request of or as allowed by a contracting officer as the result of negotiations.

"Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will in-clude Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holi-day, then the period will include the next working day.

(b) Amendments to Solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). An offeror's failure to acknowledge amendments affecting price, quantity, quality or delivery may result in the offeror's proposal being determined unacceptable where award is made without discussions.

(c) Submission, modification, revision, and withdrawal of offers.

(1) Unless some other method (e.g., facsimile) is permitted in the solicitation, offers and modifications to offers shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the so-licitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and ad-dress of the offeror. Offerors using commercial carriers shall ensure that the offer is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the offer shall show:

(i) the solicitation number;

(ii) the name, address, and telephone and facsimile numbers of the offeror (and email address if available);

(iii) a statement specifying the extent of agreement with all terms, conditions, and provisions included in the so-licitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) names, titles, and telephone and facsimile numbers (and email addresses if available) of persons authorized to negotiate on the offeror's behalf with the judiciary in connection with this solicitation; and

(v) name, title, and signature of person authorized to sign the offer. Offers signed by an agent shall be accom-panied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of offers

USCA24R0021 - Page 13 of 16

(i) Offerors are responsible for submitting offers, and any modifications or revisions, so as to reach the judiciary office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicit-ation, the time for receipt is 4:30 p.m., local time, for the designated judiciary office on the date that offer or re-vision is due.

(ii) Any offer, modification, or revision received at the judiciary office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the contracting officer determines it is in the judiciary's best interest, the contracting officer determines that accepting the late offer would not unduly delay the procurement, and:

(A) there is acceptable evidence to establish that it was received at the judiciary office designated for receipt of offers prior to the time set for receipt; or

(B) it is the only offer received.

However, a late modification of an otherwise successful offer that makes its terms more favorable to the judi-ciary, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the judiciary office includes the time/date stamp of that office on the offer wrapper, other documentary evidence of receipt maintained by the office, or oral testi-mony or statements of judiciary personnel.

(iv) If an emergency or unanticipated event interrupts normal judiciary processes so that offers cannot be re-ceived at the office designated for receipt of offers by the exact time specified in the solicitation, and urgent ju-diciary requirements preclude amendment of the solicitation, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which nor-mal judiciary processes resume.

(v) Offers may be withdrawn by written notice received at any time before award. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the Provision 3-115, "Fac-simile Offers". Offers may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the offer before award.

(4) Unless otherwise specified in the solicitation, offers on less than all items solicited will not be considered.

(5) Offerors shall submit offers in response to this solicitation in English and in U.S. dollars.

(6) Offerors may submit modifications to their offers at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised offers only if requested or allowed by the contracting officer.

(8) Offers may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the contracting officer.

(d) Offer expiration date. Offers in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their offers data that they do not want dis-closed to the public for any purpose, or used by the judiciary except for evaluation purposes, shall:

(1) mark the title page with the following legend:

This offer includes data that shall not be disclosed outside the judiciary and shall not be duplicated, used, or dis-closed -- in whole or in part -- for any purpose other than to evaluate this offer. If, however, a contract is awar-ded to this offeror as a result of -- or in connection with -- the submission of this data, the judiciary shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the judiciary's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [[insert numbers or other identific-ation of sheets]]; and

(2) mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this offer.

(f) Contract award.

(1) The judiciary intends to award a contract or contracts resulting from this solicitation to the responsible offer-or(s) whose offer(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The judiciary may reject any or all offers if such action is in the judiciary's interest.

(3) The judiciary may waive informalities and minor irregularities in offers received.

(4) The judiciary intends to evaluate offers and award a contract without discussions with offerors (except clari-

USCA24R0021 - Page 14 of 16 fications). Therefore, the offeror's initial offer shall contain the offeror's best terms from a cost or price and technical standpoint. The judiciary reserves the right to conduct discussions if the contracting officer later de-termines them to be necessary. If the contracting officer determines that the number of offers that would other-wise be in the competitive range exceeds the number at which an efficient competition can be conducted, the contracting officer may limit the number of offers in the competitive range to the greatest number that will per-mit an efficient competition among the most highly rated offers.

(5) The judiciary reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the offer.

(6) The judiciary reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the judiciary's best interest to do so.

(7) Exchanges with offerors after receipt of an offer do not constitute a rejection or counteroffer by the judi-ciary.

(8) The judiciary may determine that an offer is unacceptable if the prices proposed are materially unbalanced between line items or sub-line items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. An offer may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the judiciary.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time specified in the offer shall result in a binding contract without further action by either party.

(11) The judiciary may disclose the following information in postaward debriefings to other offerors:

(i) the overall evaluated cost or price and technical rating of the successful offeror;

(ii) the overall ranking of all offerors, when any ranking was developed by the judiciary during source selection;

(iii) a summary of the rationale for award; and

(iv) for procurements of commercial items, the make and model of the item to be delivered by the successful of-feror.

(end)

Evaluation of Proposals

Provision(s) Incorporated By Reference, see Provision B-1 Clause Title Date

2-85A Evaluation Inclusive of Options JAN 2003

2-85C Evaluation of Options Exercised at Time of Contract Award JAN 2003

M-1 Evaluation Criteria

All proposals will be evaluated by an integrated assessment of price and non-price evaluation factors, to provide the best overall value to the Government. Following are the factors by which each proposal will be evaluated:

Corporate Capability, Key Personnel Resume(s), and Price. In determining best value, Corporate Capability and Key Personnel are approximately equal and when combined are more important than price.

M-2 Initial Evaluation

All proposals will be evaluated in accordance with the stated evaluation factors. Responses will be evaluated as follows:

1) Volume I - Corporate Capability: Offerors will be evaluated on demonstrated experience in providing recent work of similar scope and complexity to determine the likelihood that the offferor can successfully perform the contract requirements.

2) Volume II - Key Personnel Resumes: The Government will evaluate the proposed Key Personnel Resumes to

USCA24R0021 - Page 15 of 16 determine if the key personnel have the qualifications to meet the requirements of the Statement of Work.

3) Volume III - Price: The judiciary will evaluate proposals for purposes of award by adding the total price for all option to the total price for the base period. Price proposals will be evaluated against other offerers and the Independent Government Cost Estimate to determine price reasonableness of the proposed approach.

4) Volume IV - Solicitation, Standard Form 1449 including all amendments - Offerors will be evaluated on ad-herence to the instructions in L-3 regarding the Standard Form 1449 including all amendments. Also, Offerors will be evaluated on their acceptance of the terms and conditions in their entirety.

M-3 Basis for Award

The Government intends to award a single Contract in response to this solicitation. The Government reserves the right not to award a Contract depending on the quality of the responses. Any resultant award will be made to the responsible offeror whose response is deemed most advantageous to the Government by quoting the best overall value.

The Government may make trade-offs in all or some of the evaluated areas and determine that a response offers the best overall value to the Government. As non-price factors of the proposals become equal, the evaluated price may become the determining factor. The Source Selection Authority shall determine what trade-off between nonprice factors and price promises the greatest value to the Government, price and other factors con-sidered.

M-4 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.

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