USCA24R0082_0001.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.

TD240006

5. PROJECT NO. (If applicable)

PMDCODE

Candace Browne, 202-502-2557 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.

USCA24R0082

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

07/23/2024

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 ____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

USCA24R0082 /0001 - Page 1 of 33

Description of Amendment/Modification:Amendment 0001 performs the following:

1. Provide responses to vendor submitted questions via the attachment entitled "USCA24R0082_0001 CLE Accreditation Services Vendor Q&A."

2. Provide certificate templates via the attachments entitled "Attachment 6.1_UCOA UniformCert of Attendance_ATTENDEE_JUNE2024 and Attachment 6.2_UCOA UniformCert of Attendance_FACULTY_JUNE2024" for CLE programs as well as "Attachment 7_Attendance Verification Certificate NON CLE_ FILLABLE PDF" for Non-CLE programs.

3. Provide a list of states requiring CLE applications via the attachment entitled "Attachment 5_CLE_Infosheet_FILLABLE PDF

JUNE2024."

4. Updates Section C-1 Statement of Work as noted in bolded blue text.

No other changes have been made at this time.

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

0001 Firm Fixed Price | Base Year | CLE Accreditation

Services Including CLE Platform & Technical

Support (Events 1 - 65)

Original :

Change:

Total: 1

Lot

Period of Performance:09/13/2024 - 09/12/2025

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

0002 Reimbursable | Base Year | Post Course State

Reporting Fees (Not-to-Exceed)

Original :

Change:

Total: 1

Not-To-

Exceed

Extended Description:Not-To-Exceed Amount: $50,000.00 Period of Performance:09/13/2024 - 09/12/2025

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

0003 OPTIONAL CLIN | Firm Fixed Price | Base Year |

CLE Accreditation Services Including CLE

Platform for Additional Events (Events 66 up to 80)

Original :

Change:

Total: 0

Each

Extended Description:This CLIN can be exercised and incrementally funded, in accordance with Clause 4-170, at the discretion of the Government anytime throughout the applicable period of performance. | This CLIN shall not exceed 15 additional events.

Period of Performance:09/13/2024 - 09/12/2025

USCA24R0082 /0001 - Page 2 of 33

$50,000.00 $50,000.00

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

0004 Firm Fixed Price | Base Year | 40 Hours of Initial

CLE Platform Training (Base Year Only)

Original :

Change:

Total: 1

Lot

Period of Performance:09/13/2024 - 09/12/2025

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

1001 Firm Fixed Price | Option Year 1 | CLE

Accreditation Services Including CLE Platform &

Technical Support (Events 1 - 65)

Original :

Change:

Total: 1

Lot

Period of Performance:09/13/2025 - 09/12/2026

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

1002 Reimbursable | Option Year 1| Post Course State

Reporting Fees (Not-to-Exceed)

Original :

Change:

Total: 1

Not-To-

Exceed

Extended Description:Not-To-Exceed Amount: $50,000.00 Period of Performance:09/13/2025 - 09/12/2026

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

1003 OPTIONAL CLIN | Firm Fixed Price | Option Year

1 | CLE Accreditation Services Including CLE

Platform for Additional Events (Events 66 up to 80)

Original :

Change: Each

USCA24R0082 /0001 - Page 3 of 33

Total: 0

Extended Description:This CLIN can be exercised and incrementally funded, in accordance with Clause 4-170, at the discretion of the Government anytime throughout the applicable period of performance. | This CLIN shall not exceed 15 additional events.

Period of Performance:09/13/2025 - 09/12/2026

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

2001 Firm Fixed Price | Option Year 2 | CLE

Accreditation Services Including CLE Platform &

Technical Support (Events 1 - 65)

Original :

Change:

Total: 1

Lot

Period of Performance:09/13/2026 - 09/12/2027

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

2002 Reimbursable | Option Year 2| Post Course State

Reporting Fees (Not-to-Exceed)

Original :

Change:

Total: 1

Not-To-

Exceed

Extended Description:Not-To-Exceed Amount: $50,000.00 Period of Performance:09/13/2026 - 09/12/2027

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

2003 OPTIONAL CLIN | Firm Fixed Price | Option Year

2 | CLE Accreditation Services Including CLE

Platform for Additional Events (Events 66 up to 80)

Original :

Change:

Total: 0

Each

Extended Description:This CLIN can be exercised and incrementally funded, in accordance with Clause 4-170, at the discretion of the Government anytime throughout the applicable period of performance. | This CLIN shall not exceed 15 additional events.

Period of Performance:09/13/2026 - 09/12/2027

USCA24R0082 /0001 - Page 4 of 33

3001 Firm Fixed Price | Option Year 3 | CLE

Accreditation Services Including CLE Platform &

Technical Support (Events 1 - 65)

Original :

Change:

Total: 1

Lot

Period of Performance:09/13/2027 - 09/12/2028

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

3002 Reimbursable | Option Year 3| Post Course State

Reporting Fees (Not-to-Exceed)

Original :

Change:

Total: 1

Not-To-

Exceed

Extended Description:Not-To-Exceed Amount: $50,000.00 Period of Performance:09/13/2027 - 09/12/2028

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

3003 OPTIONAL CLIN | Firm Fixed Price | Option Year

3 |CLE Accreditation Services Including CLE

Platform for Additional Events (Events 66 up to 80)

Original :

Change:

Total: 0

Each

Extended Description:This CLIN can be exercised and incrementally funded, in accordance with Clause 4-170, at the discretion of the Government anytime throughout the applicable period of performance. | This CLIN shall not exceed 15 additional events.

Period of Performance:09/13/2027 - 09/12/2028

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

4001 Firm Fixed Price | Option Year 4 | CLE

Accreditation Services Including CLE Platform &

Technical Support (Events 1 - 65)

Original :

USCA24R0082 /0001 - Page 5 of 33

Change:

Total: 1

Lot

Period of Performance:09/13/2028 - 09/12/2029

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

4002 Reimbursable | Option Year 4| Post Course State

Reporting Fees (Not-to-Exceed)

Original :

Change:

Total: 1

Not-To-

Exceed

Extended Description:Not-To-Exceed Amount: $50,000.00 Period of Performance:09/13/2028 - 09/12/2029

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

4003 OPTIONAL CLIN | Firm Fixed Price | Option Year

4 | CLE Accreditation Services Including CLE

Platform for Additional Events (Events 66 up to 80)

Original :

Change:

Total: 0

Each

Extended Description:This CLIN can be exercised and incrementally funded, in accordance with Clause 4-170, at the discretion of the Government anytime throughout the applicable period of performance. | This CLIN shall not exceed 15 additional events.

Period of Performance:09/13/2028 - 09/12/2029

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

4004 Not Separately Priced | Contract Transition Original :

Change:

Total: 1

Each

Extended Description:Per Section 4 of the Statement of Work, this CLIN shall not be separately priced from the other requirements associated with

CLIN XXX1.

USCA24R0082 /0001 - Page 6 of 33

Period of Performance:08/13/2029 - 09/12/2029

Section C - Descriptions/Specifications/Statement of Work

C-1 Statement of Work

Administrative Office of the United States Courts Defender Services Office, Training Division

Continuing Legal Education (CLE) Accreditation Administration Services

STATEMENT OF WORK

1. INTRODUCTION

The Administrative Office of the United States Courts (AO), Defender Services Office (DSO), Training Divi-sion (TD) is seeking to procure Continuing Legal Education (CLE) accreditation administration services to in-clude applying for CLE programming accreditation on the AO’s behalf and track the status of CLE program-ming accreditation applications once submitted. For the tracking and submittal of the applications, the contract-or shall provide a commercial off-the-shelf (COTS) solution that is accessible via the web and shall be hosted in the contractor’s cloud environment. The contractor’s cloud environment shall be FedRAMP authorized at an impact level of moderate. The Government is not seeking to develop a solution. The platform will be web-based and operate within a cloud environment. The solution shall automate the administration and management of the AO’s current CLE process. The DSO has eighty-four (84) federal defender offices.

The Training Division (TD) submits CLE applications for 49 states that require notification and/or apply for ap-proval to offer CLE for 65 in-person, virtual and hybrid national, local, and distance learning programs access-ible in a year. There is a minimum of 25 and a maximum of 8,000 panel attorneys, FDO attorneys, paralegals, and investigators throughout the United States and the District of Columbia. The platform will also verify at-tendance of participants that attend Training Division (TD) programs.

2. BACKGROUND AND PURPOSE

The AO is the administrative arm of the federal judiciary. The agency provides a wide range of administrative, managerial, legal, financial, and information technology services to the federal courts and federal public defend-er organizations. Within the AO, there are several program offices providing training and conferences to federal personnel and other non-federal legal professionals who support the Criminal Justice Act efforts. These confer-ences play a critical role in furthering the administration of justice. Congress recognized the value of the circuit judicial conferences by specific authorization in 28 U.S.C. § 333.The DSO functions as the administrator of the federal defender and appointed counsel program (Defender Services Program) established under the Criminal Justice Act (CJA) of 1964. DSO supports counsel assigned to represent individuals who are unable to afford a lawyer or pay for other critical defense services.

The TD designs, implements, and teaches 65 in-person, virtual and hybrid national, local, and distance learning programs taking place in a year for a minimum of 25 and a maximum of 8,000 panel attorneys, FDO attorneys, paralegals, and investigators throughout the country. Staff members provide and coordinate training materials, publications, and other online resources through the www.fd.org and other websites.

The division also delivers programs through an interagency agreement with the Federal Judicial Center and as-sists in the design of those programs, works with contractors on the planning and implementation of death pen-alty and federal capital habeas corpus training, and runs the Supreme Court Advocacy Program for panel and

USCA24R0082 /0001 - Page 7 of 33

FDO attorneys representing clients before the United States Supreme Court.

3. REQUIREMENTS

The vendor shall administer services to include applying for CLE programming accreditation on the AO’s be-half and track the status of CLE programming accreditation applications once submitted. The CLE application process covers 49 states that require a CLE application. Additionally, the vendor shall be responsible for provid-ing access to a web-based CLE platform that is hosted in a cloud environment that is FedRAMP authorized at an impact level of moderate to track and submit the CLE applications. The web-based CLE platform shall not be an OnDemand solution for hosting CLE programing and shall not be designed as a Learning Management System (LMS). The purpose of the web-based CLE platform is to automate the administration and management of the CLE process for the AO. The web-based CLE platform requirements outlined below shall be native to the proposed solution. The proposed solution shall be a commercial off-the-shelf (COTS) platform that includes customization as a feature (i.e., adding the agency logo to the account instance or editing fields of a report).

The proposed solution shall be able to provide this type of customization without the vendor making develop-mental changes to their software for this procurement.

More specifically, the contractor shall provide CLE accreditation administration services, including access to a web-based platform that is hosted in a contractor provided cloud that is FedRAMP authorized at an im-pact level of moderate, that meets the following requirements:

3.1 CLE Accreditation Administration Services

The contractor shall provide the following services in support of the CLE accreditation process:

1. Provide an event manager to assist in the CLE administration, application submission process and provide support as needed.

2. Review all course/training materials, which will be provided to the contractor by the government.

3. Provide feedback informing the government if the course/training materials meet the CLE accreditation re-quirements.

4. Prepare and submit for the continuing legal education (CLE), in the applicable jurisdictions, for in-person, OnDemand and/or live online course delivery formats.

5. Prepare all application packages for submission to applicable states/jurisdictions.

6. Communicate with the states/jurisdictions on behalf of the government to gain approvals.

7. Monitor the application status (submitted, pending, approved and/or denied) of the course/materials seek-ing accreditation. Also, notify the government of a change in status.

8. Maintain the status of all CLE applications via a web-based platform (See Sections 3.2 – 3.7 for more de-tailed requirements for the web-based platform).

9. Prepare a monthly invoice package that contains:

a. Total amount spent for the month per program and per state;

b. Which states did not require attendance reporting fees, only an application per program;

c. Which states did not require application fees, only an application per program;

d. Which states required application fees and an application per program;

e. Which states required attendance reporting fees per program;

f. Total amount spent for sponsor/provider accreditation fees per state, if applicable;

g. Which states required late application and/or reporting fees per program;

h. Total amount spent for late application and/or reporting fees per program and per state;

i. Proof/Receipts of all transactions the vendor has made with the states per program on the government’s behalf, including sponsor/provider accreditation fees, attendance reporting, underpayment, over pay-ments, and late fees for the month.

3.2 Web-Based Platform with Web Browser Compatibility and Use The web-based platform solution shall:

USCA24R0082 /0001 - Page 8 of 33

a. Not require installation, downloading of updates/plugins or changes to any government approved hardware or existing software.

b. Allow file upload/import/export/save functionality.

c. Provide compatibility across all web browsers (Chrome, Edge, Safari, Firefox) and devices (Mac & PC:

desktop, laptop, tablet, iPhone, android).

d. Be compatible with Microsoft Office 365; Compatible file formats for upload and saving within the plat-form-solution to include MS Excel .xls/.xlsx/.csv, Word .doc/.docx, .ppt, .pptx, PDF, .txt and jpg).

e. Be compatible with reporting file formats from other TD event hosting platforms like CVENT; Compat-ible file formats for upload and saving within the platform-solution to include MS Excel .xls/.xlsx/.csv, Word .doc/.docx, .ppt, .pptx, PDF, .txt).

3.3 Web-based Platform Security, Roles, and Permissions:

The web-based platform shall have the following security, roles, and permissions capabilities:

a. Storage, Security Mechanisms and User and Authorized Roles:

1. Database server: SQL server 2019 or higher

2. Data Location and Required Compliance: Vendor shall provide a private and secure cloud-based in-frastructure with commercial safeguards that guarantees data will not be shared or used by anyone out-side of the Training Division without written permission.

3. Data Ownership: The government will maintain ownership of data transmitted for the purposes of performance of this SOW.

4. Security Mechanisms:The platform solution shall provide the following:

i. IP blocker and white label service if platform solution is an instance on an existing platform.

ii. Security protocol to scan, flag, patch and disclose security breaches to account holders/platform owners.

The government will be notified immediately in the event of a security breach via telephone call and/or email. The contractor shall also provide the government with an incident report outlining severity of breach and any remediation actions taken to fully secure the system in use.

iii. Compliance with the following security criteria:

i. There are no system interconnections (ref: NIST 800-47)

ii. No sensitive data, nor PII (beyond publicly available), will be saved.

5. Built-in Anti-spam and anti-virus: The platform solution shall include mechanisms to prevent and fil-ter out spam messages and to detect and remove or quarantine any viruses or malware that may be present in the database or incoming data.

6. Provide regular database back-up, storage, continuity, and disaster recovery plans.

i. Data storage compatible file formats include MS Excel xls/.xlsx/.csv, Word .doc/.docx, .ppt, .pptx, PDF, .txt.

7. The Vendor shall disclose single points of failure (defined as any component of the system which would cause the rest of the system to fail if the individual component failed) within the platform solu-tion and share current availability metrics with the Government.

8. Host a database that provides storage for 3 to 5 years-worth of data that the government can reference, query and access digital assets. After 5 years, assets can be deleted from the platform solution and purged from the database.

9. Account authentication. The contractor shall provide users login credentials. This will consist of user-name/password identifiers that will allow users access to their respective accounts.

10.Allow the creation of user roles with web portal access and set up instructions to include but not limited to:

i. CLE Specialist, Oversees the Administration of CLE for the Training Division.

ii. TD System Administrator, Oversees the Technical Applications and Systems used by the Training

Division.

iii. Vendor Coordinator/Point of Contact, Supports Training Division Staff with the administration

USCA24R0082 /0001 - Page 9 of 33 and submission of CLE applications into the platform.

iv. TD Meeting Coordinators, Responsible for the submission and administration of Training Division

Programs that require CLE.

v. Other approved Users (i.e., Chief Content, Chief of Logistics, Meeting Manager), Leadership within the Training Division that approve and oversee CLE Programming and Legal Education.

11.Give permission to the authorized administrator or designate authorized users who administer CLE to delete, deny, add, approve, import, or export data.

i. Authorized users described above who are directly associated to, impact, influence, administer, oversee CLE programming within the Training Division.

3.4 Automation of the CLE Application Process:

The web-based platform shall provide the following automations to the CLE application process:

a. Assign unique internal tracking number (separate from the state course number) for each application entered in the platform.

b. The ability to generate, collect, monitor, validate, capture, process and store specific CLE data that mirrors State CLE applications using a submission form to include the following fields:

1. The ability to select a State, to generate a specific application:

1. That will trigger a set of required fields specific to the state.

2. Populate required application fees, reporting due dates.

3. Communicates CLE State Rules and Updates

2. Program details (i.e., program title, program description, date(s) - mm/dd/yyyy, faculty/speaker con-tact information (s), bio(s))

3. Location (i.e., city, state if applicable)

4. Program delivery format (i.e., webinar, virtual or in person or hybrid)

5. Program materials (i.e., handouts, agenda)

6. Total program hour (s) (i.e., start time to end time of program per day and per program)

7. Select CLE and Non-CLE credit categories (i.e., for speaker, attorney, paralegal, other)

8. Select CLE credit Type (i.e., Professional Practice, Diversity & Inclusion, Elimination of Bias, Law

Practice Management, Skills)

9. Custom fields for “other” miscellaneous (i.e., state specific and required information).

10.A visual indicator and triggers that:

i. Identifies Accredited Sponsor/Provider status and overrides CLE application fees that do not apply.

ii. Identifies the application status (i.e., where the application is 45-60 days prior to the start of a pro-gram, status level, submitted, pending, approved, denied, paid not paid, balance due, status change, errors or corrections, attendance reporting status.

11.Track and display submission deadlines to avoid late fees and allow for written explanation when one is incurred.

3.5 Cross Platform Application Compatibility and Reporting:

The web-based platform shall provide the following cross platform application compatibility and reporting functionalities:

a. Generate and display specified fields in section 3.3 in custom reports and statistics with data in MS Excel .xls/.xlsx/.csv, format for download, export, or view on screen at any time for the following:

1. Application payments and fees made (i.e., per application, per month, per year)

2. Attendance reporting and outstanding fees as applicable.

3. Balance Due for applications (i.e., late fees, application fees, reporting fees)

USCA24R0082 /0001 - Page 10 of 33

4. Sponsor Accreditation Fees

5. Overpayments/Underpayments/Late fees

6. Status of application (i.e., approved, denied, pending, insufficient/additional information required, paid/ not paid status)

7. CLE approval, denial, and payment data by program

8. CLE approval, denial, and payment data by state

9. Other reports templates based on data in the platform.

10.Number of CLE programs by month, year and as requested, Attorneys by state.

11.Non-Attorneys such as paralegal or other attendees

b. Custom reports will have fields that allow users the ability to query and export data on an as needed basis.

Customer data fields will consist of information such as first name/last name, event registration, to include contact information, address, state bar number as well as attendance history as well as any metrics about the event and/or user experience (i.e., attendee surveys, attendance certificates).

3.6 CLE Tracking &Automated Form Issuance:

The web-based platform shall provide the following tracking, and automated form issuance functionalities:

a. Allow the Government to upload attendee registration lists, download applications and required CLE forms in compatible MS Excel .xls/.xlsx/.csv, Word .doc/.docx, .txt) formats.

b. Automatically pre-populate and send attendees, faculty and non-attorney participants forms 15-30 days as required by state and after the completion of a program in PDF format from the platform solution such as the:

1. CLE Information Sheet

2. Uniform Certificates of Attendance

3. Attendee Verification Form (as applicable)

c. Automatically report attendance 15-30 days after a program as required by state and after the completion of a program.

d. Automated reporting of attendance will be vetted and validated by the user prior to uploading the registra-tion form into the platform solution.

e. For states that require manual reporting, the platform solution will allow the download of reporting data re-quired by the state for the user to deploy.

f. Automatically generate pre, and post attendee communications such as a post program email to attendees with a survey link.

g. Generate certificates and store credit hours earned for course attendees.

h. Track and provide a monthly cumulative invoice for CLE application transactions processed in the plat-form. Invoices will be in MS Excel .xls/.xlsx/.csv, PDF, .txt) format for download.

3.7 Technical Support Services & Training:

The vendor shall provide the following technical support as a part of the required solution:

a. 40-hours in one week of virtual training /on-boarding services in the base year by a Trainer for Govern-ment staff within 30 days of the platform solution going live.

1. Training will consist of learning how to submit CLE applications, Pay CLE application fees, Upload

Registration lists, Pre-populate forms, Deploy forms, CLE reporting and Monthly CLE application fee reconciliation.

2. The contractor shall demonstrate how to download and conduct queries for the purposes of exporting data.

3. Instructional materials shall be distributed during training sessions and made available online for user reference.

b. Offers solutions that power real-time documented support such as On-demand Videos / Materials and re-source libraries shall be made available for the duration of contract performance.

USCA24R0082 /0001 - Page 11 of 33

c. At a minimum, must provide technical support via phone and email that can assist with technical issues, platform support, or general platform questions between the hours of 9:00 AM – 5:00 PM Eastern Monday through Friday throughout the life of the contract.

d. Must provide a maximum response time of 24 business hours for all customer inquiries regardless of the nature and/or severity of the request/issue throughout the life of the contract.

Note: The technical support requirements are not separately priced and shall be included in the price for CLIN 0001, 1001, 2001, 3001, and 4001. The 40-hours of initial training described in Item 3.7(a) above shall be sep-arately priced as CLIN 0004 in the base year only.

4. CONTRACT TRANSITION

Phase-in shall occur within 45 days of contract award of a new vendor. During phase-out and upon the AO's written request made within 30 days after the effective date of expiration or termination of this contract, the in-cumbent Contractor shall make available to the AO a downloadable file of all data necessary to ensure the new vendor can begin performance at the end of the incumbent’s contract. The Contractor shall include the COR on all related email correspondence. This item shall not be separately priced from all the other requirements listed in this section.

Section D - Packaging and Marking No Clauses

Section E - Inspection and Acceptance

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

2-5B Inspection of Services APR 2013

Section F - Deliveries or Performance

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

2-60 Stop-Work Order JAN 2010

7-200 Judiciary Delay of Work JAN 2003

F-1 Period of Performance

The period of performance for this order shall be one 12-month base year and four (4) 12-month option years as follows:

1. Base Year: 09/13/2024 - 09/12/2025

2. Option Year 1: 09/13/2025 - 09/12/2026

3. Option Year 2: 09/13/2026 - 09/12/2027

4. Option Year 3: 09/13/2027 - 09/12/2028

5. Option Year 4: 09/13/2028 - 09/12/2029

F-2 Place of Performance

All work associated with this effort shall be performed remotely at the Contractor's own facilities or at another designated location determined by the Contractor.

USCA24R0082 /0001 - Page 12 of 33

F-3 Deliverables

TASK ORDER DE-

LIVERABLE

TASK # DUE DATE FORMAT SUBMIT TO

Contract Kickoff Meeting

N/A 10 days after contract award

Contractor-Determ-ined Format

COR / Contracting Officer

CLE Platform Imple-mentation & Launch

Tasks 3.1-3.5 within 30 days of contract award.

Live web portal ac-cess

COR

Government Person-nel Platform Training

Task 3.6 Within 30 days of the platform solution go-ing live

In-person (AO or local office if applic-able) or virtual.

COR

CLE Application Submission Form

Task 3.3 Completed within 24 hours of submission

Web portal access, Download in MS Ex-cel .xls/.xlsx/.csv, COR

CLE Application Status Reporting

Task 3.1 Within 45 days of state approval

Web portal access, Download in MS Ex-cel .xls/.xlsx/.csv, Word .doc/.docx, PDF, .txt) formats, as an email attachment

COR

Section G - Contract Administration Data

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

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

Management (SAM) Registration

APR 2013

7-1 Contract Administration JAN 2003

7-5 Contracting Officer's Representative APR 2013

7-125 Invoices APR 2011

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)

G-1 Order Administration

This contract will be administered by:

Contracting Officer's Representative (COR):

USCA24R0082 /0001 - Page 13 of 33

TBD

One Columbus Circle, NE Washington, DC 20544

TBD

TBD

Contracting Officer (CO):

Candace Browne Contracting Officer Administrative Office of the U.S. Courts Candace_Browne@ao.uscourts.gov Office: 202-502-2557

G-2 Payment & Invoice Instructions

The contractor shall submit invoices in accordance with Clause 7-125 Invoices. All invoices shall be EMAILED to the COR for processing. Invoices are considered received by the government once they have been received and acknowledged by the COR.

All invoices shall state the CLIN(s) being invoiced against and total amount per CLIN being invoiced.

After the COR has received and approved submitted invoices, payments shall be made as follows:

1) Annually: Invoices for CLINs 0001, 1001, 2001, 3001, 4001, and 5001 shall be submitted and paid annually once the applicable CLIN has been exercised and the period of performance has started. This shall be the annual firm fixed price for the CLE accreditation services, including access to a web-based CLE platform, as specified in the SOW for Events 1 to 65.

(2) After Completion Monthly: CLINs 0002, 1002, 2002, 3002, 4002, & 5002 contain a Not-to-Exceed (NTE) quantity of $50,000.00 that will be used for payment of Post Course State Reporting Fees when applicable. In-voices shall be submitted monthly for these CLINs after completion, and must include the following informa-tion:

a. Total amount spent for the month per program and per state;

b. Which states did not require attendance reporting fees, only an application per program;

c. Which states did not require application fees, only an application per program;

d. Which states required application fees and an application per program;

e. Which states required attendance reporting fees per program;

f. Total amount spent for sponsor/provider accreditation fees per state, if applicable;

g. Which states required late application and/or reporting fees per program;

h. Total amount spent for late application and/or reporting fees per program and per state;

i. Proof/Receipts of all transactions the vendor has made with the states per program on the government’s behalf, including sponsor/provider accreditation fees, attendance reporting, underpayment, over payments, and late fees for the month.

(3) Annually When Optional CLIN is Exercised: CLINs 0003, 1003, 2003, 3003, 4003, & 5003 are optional and shall be invoiced and paid for after the optional CLIN is exercised and funded. This shall be the firm fixed price for the CLE accreditation services, including access to a web-based CLE platform, as specified in the SOW for up to 15 additional events. In accordance with Clause 4-170 and at the discretion of the Government, these optional CLINs may be incrementally funded to cover only the number of additional events required un-der any given period of performance, but shall not exceed 15 additional events. Any funds that remain unused

USCA24R0082 /0001 - Page 14 of 33 at the end of each period of performance shall be deobligated.

(4) One-Time Cost: An invoice for CLIN 0004 shall be submitted and paid out one-time only during the base year after completion. This shall be the firm fixed price of 40 hours of initial training services, as specified in the SOW, under the base year only.

G-3 Contract Administration and Closeout

At the end of a CLINs’ performance period or at contract expiration; and upon acceptance and payment of all invoices, the Judiciary reserves the right to modify the contract and deobligate any funding remaining not in-voiced for under the subject contract for closeout administration.

G-4 Government Furnished Property

There will be no Government furnished property associated with this effort.

Section H - Special Contract Requirements

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

1-1 Employment by the Government JAN 2003

7-55 Contractor Use of Judiciary Networks JUN 2014

H-1 Terms and Conditions for Commercial Items

A. Order of precedence. Any inconsistencies in this contract shall be resolved by giving precedence in the fol-lowing order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause.

(3) Addenda to this contract, including any commercial supplier agreements as amended by the Commer-cial Supplier Agreements -Unenforceable Clauses provision.

(4) Other paragraphs of this clause.

(5) Other documents, exhibits, and attachments.

(6) The specification.

B. Unauthorized Obligations.

(1) Except as stated in paragraph (B)(2) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement that includes any language, provision, or clause re-quiring the Government to pay any future fees, penalties, interest, legal costs or 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:

(i) Any such language, provision, or clause is unenforceable against the Government.

(ii) 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 commercial supplier agreement. If the commercial supplier agree-

USCA24R0082 /0001 - Page 15 of 33 ment is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

(2) Paragraph (B)(1) of this clause does not apply to indemnification or any other payment by the Gov-ernment that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

C. Commercial supplier agreements unenforceable clauses. When any supply or service acquired under this contract is subject to a commercial supplier agreement, the following language shall be deemed incorporated in-to the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agree-ment:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instru-mentality of the U.S. Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal in-strument (including all contracts, task orders, and delivery orders).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. ter-ritory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the applica-tion of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or sus-pend any rights granted to the Government except as allowed by this contract. If the supplier or licensor be-lieves the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Dis-putes Act or other applicable Federal statute while continuing performance as set forth in the disputes clause.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relat-ing to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute.

(vi) Updating terms.

(A) For revisions that will materially change the terms of the contract, the revised commercial sup-plier agreement must be incorporated into the contract using a bilateral modification.

(B) Any agreement license terms or conditions unilaterally revised subsequent to award that are in-

USCA24R0082 /0001 - Page 16 of 33 consistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the ordering activity, will be resolved in accordance with the dis-putes clause; no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability pri-or to invoicing unless specifically agreed to otherwise in the Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations there-under be delegated, without the Government's prior approval.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Free-dom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may re-tain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (C)(1), the language, provisions, or clause of paragraph (C)(1) shall prevail to the extent of such in-consistency.

H-2 Travel Requirements

No travel is anticipated in performance of this contract.

H-3 Key Personnel

There is no requirement for key personnel to support the contract for DSO's CLE accreditation services.

USCA24R0082 /0001 - Page 17 of 33

Section I - Contract Clauses

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

1-10 Gratuities or Gifts JAN 2010

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

1-5 Conflict of Interest AUG 2004

2-140 Judiciary IT Security Standards APR 2013

2-55 Privacy or Security Safeguards JAN 2003

3-105 Audit and Records APR 2011

3-205 Protest after Award JAN 2003

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

Contractors Debarred, Suspended, or Proposed for Debarment

MAR 2019

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

3-35 Covenant Against Contingent Fees JAN 2003

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

3-45 Anti-Kickback Procedures JUN 2012

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

Improper Activity

JUN 2012

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

5-20 Records Ownership JAN 2003

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

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

6-60 Rights in Data - General JUN 2012

6-85 Commercial Computer Software License APR 2013

6-95 Patent Indemnity JAN 2010

7-110 Bankruptcy JAN 2003

7-130 Interest (Prompt Payment) JAN 2003

7-135 Payments APR 2013

7-140 Discounts for Prompt Payment JAN 2003

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

7-150 Extras JAN 2003

7-175 Assignment of Claims JAN 2003

7-185 Changes APR 2013

USCA24R0082 /0001 - Page 18 of 33

Clause Title Date

7-195 Excusable Delays JAN 2003

7-20 Security Requirements APR 2013

7-210 Payment for Emergency Closures APR 2013

7-215 Notification of Ownership Changes JAN 2003

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

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

7-235 Disputes JAN 2003

7-25 Indemnification AUG 2004

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

7-35 Disclosure or Use of Information APR 2013

7-40 Judiciary-Contractor Relationships JAN 2003

7-85 Examination of Records JAN 2003

B-20 Computer Generated Forms JAN 2003

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

2-50 Continuity of Services JAN 2003

2-90D Option to Extend the Term of the Contract APR 2013

(a) The judiciary may extend the term of this contract by written notice to the contractor no later than 5 calendar days prior to the contract's current expiration date; provided that the judiciary gives the contractor a preliminary written notice of its intent to extend at least 10 calendar days [60 days unless a different number of days is in-serted] before the contract expires. The preliminary notice does not commit the judiciary to an extension.

(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 5 years.

(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)

I-1 Clause 7 - 35 Disclosure or Use of Information (Deviation)

(a) Judiciary information made available to the contractor for the performance or administration of this contract shall be used only for those purposes and shall not be used in any other way without the written agreement of the contracting officer. This clause takes precedence over and is an explicit limitation to the rights enumerated in section (d)(2) of Clause 6-60, Rights in Data – General.

(b) To the extent the information is otherwise publicly available, it is public information and is not restricted by operation of this clause. However, if public information is provided to the contractor for use in performance or

USCA24R0082 /0001 - Page 19 of 33 administration of this contract in a media, format, or otherwise in a manner in which it is not available the pub-lic, such information may not be used for any other purpose by the contractor except with the written permis-sion of the contracting officer. If the contractor is uncertain about the availability or proposed use of informa-tion provided for the performance or administration of this contract, the contractor shall consult with the con-tracting officer regarding use of that information for other purposes.

(c) The contractor agrees to assume responsibility for protecting the confidentiality of judiciary records which are not public information. Such information may include, but is not limited to, all employee data and any writ-ten and oral information of a personal nature. Such information is to be safeguarded to ensure that it is not im-properly disclosed. Each officer or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a pur-pose and to the extent authorized herein, and that further disclosure of any such information for a purpose or to an extent not so authorized may subject the person(s) responsible to criminal sanctions imposed by 18 U.S.C. §

641. That section provides, in pertinent part, that whoever without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, will be guilty of a crime punishable by a fine up to $10,000, or imprisoned up to ten years, or both.