JuryUSDCAZ2011330.pdf

SECTION A

Solicitation/Contract Form

OF PAGESSOLICITATION OFFER AND AWARD 11. THIS CONTRACT ISARATED ORDER ~ IRATING IPA~E

I UNDER DPAS (15 CFR 7900) 1 81

6. REQUISITION/PURCHASE NUMBER 2. CONTRACT NUMBE R

USDCAZ.2012.330

3. SOLICITATION NUMBER

USDCAZ.2012.330

4. TYPE OF SOLICITATION

~ SEALED BID (IFB)

o NEGOTIATED (RFP)

5. DATE ISSUED

03/30/2012

7. ISSUED BY CODEI la.ADDRESS OFFER TO (If other than item 7)

Rhonda Van Dyke - U.S. District Court for the District of Arizona 401 W. Washington, Suite 150, SPC 5 - Phoenix, AZ 85003

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

SOLICITATION

9. Sealed offers in original and _fo_u_r-,(...4.:...) copies for furnishings the supplies or services in the Schedule will be received at the place specified in item a, or il hand carried. in the depository located in ..,:4.:.0..:.1--'W...:..:....W..:...:.;a:.;s;;.h",in.;,;g..,t.:.on..:.,,-S::.u::.i.:.te:....:.l::.50::.,'-S::.:.-P.::;C...:5=- unlil 5:00 p.m. local time 04/13/2012 (Houn (Dalej

CAUTION - LATE Submissions. Modifications, and Withdrawals: See Section L. Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation

10. FOR A NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

betsLtait@azd.uscQurts.gov

INFORMATION

CALL: ~ Betsy Tait, Jury Administrator/COTR

AREA CODE I~UMBER [EXT.

602 3227271

11 TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. I DESCRiPTION IPAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES [26 - 34

x B SUPPLIES OR SERVICES AND PRiCES/COSTS 2-3 PART 111- LIST OF DOCUMENTS, EXHIBITS AND 01'HER ATIACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 4 -11 x J LIST OF ATIACHMENTS 135

X D PACKAGING AND MARKING 12 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 13 REPRESENTATIONS, CERTIFICATIONS AND OTHER 36 -41 14 - 15 x K STATEMENTS OF OFFERORS X F DELIVERIES OR PERFORMANCE

X G CONTRACT ADMINISTRATION DATA 16 -18 x L INSTRS.• CONDS.• AND NOTICES TO OFFERORS 1'12 -48 x H SPECIAL CONTRACT REQUIREMENTS 19 - 25 x M EVALUATION FACTORS FOR AWARD 59 - 50

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply il the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12, In compliance with the above, the undersigned agrees, if this offer is accepted within catendar days (60 calendar days unless a different pen'od is insetted by Ihe offeror) lrom the date lor receipt 01 offers specified above, to lumish any or all items upon Which price. are offered at the set opposite each item, delivered at the designated point(s). within the time specified in the schedule.

10 CALENDAR DAYS (%)120 CALENDAR DAYS (%) 30 CALENDAR DAYS (0/0) I CALENDAR DAYS(%)

(See Sec~on I. Clause No. 52.232-8) ~

13. DISCOUNT FOR PROMPT PAYMENT

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT'NO.AMENDMENT NO. DATEDATE

(The offeror acknowledges rece/pl of amendments to the SOL/CITA TiON for off_rors and reiated documents numbered and daled):

16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER FACILITY ICODE I I

15A. NAME AND

ADDRESS

OF OFFER

OR

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE INUMBER jEXT. 0

15C. CHECKIF REMITIANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

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

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN o 10 U.S.C. 2304 (c) 0 41 U.S.C. 253 (c) (4 copies unless otherwise specified)

24. ADMINISTERED BY (/fotherthan /fern 7) 25. PAYMENT WiLL BE MADE BY CODE I'--------

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

(S/gnalure of Conlrac~ng Officer)

28. AWARD DATE

IMPORTANT· Award Will be made on thiS Form, or on Standard Form 26, or by other authOrized offiCial wntten notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV,. 9-97)

Previous edition is unusable Prescribed by GSA - Far (48 CFR) 53.214 (c)

Page 11 USDCAZ.2012.330

SECTIONS

Products/SeNices and Prices/Costs

The contractor shall provide comprehensive mailing services for juror questionnaires and summonses for the District of Arizona. The quantities cited below are only estimates and should not be interpreted by the Contractor as definitive numbers. The actual quantities ordered will depend on the required volume of jury cases and jurors needed in the District of Arizona. Quantities listed could dramatically increase or decrease.

The quantities listed are expected to increase at a rate of approximately 3% per year over the next four years.

This growth factor has been incorporated into the estimated quantities listed in the pricing schedule below.

Prospective Contractors should provide their best unit price proposal for the categories listed.

Schedule of Pricing/Cost:

BASE YEAR / First Year: One Year Commencing on the Date of Contract Award

Item No. Description of Services Estimated Quantitv Unit Unit Price Total Amount

1-a First Weekly Summonsing - Phoenix 850 Each

1-b First Weeklv Summonsing - Tucson 900 Each

1-c First Monthly Summonsing - Prescott 1,400 Each

1-d Second Weeklv Summonsing - Phoenix 300 Each

1-e Second Weekly Summonsing - Tucson 350 Each

1-f Second Monthly Summonsing - Prescott 550 Each

1-g Quarterly NCOA 1 Run

TOTAL BASE YEAR $

OPTION YEAR 1: Dates to be Inserted in the Awarded Contract Based Upon Date of Award

Item No. Description of Services Estimated Quantitv Unit Unit Price Total Amount

2-a First Weekly Summonsing - Phoenix 876 Each

2-b First Weekly Summonsing - Tucson 927 Each

2-c First Monthlv Summonsing - Prescott 1,442 Each

2-d Second Weekly Summonsing - Phoenix 309 Each

2-e Second Weeklv Summonsing - Tucson 361 Each

2-f Second Monthlv Summonsing - Prescott 567 Each

2-g Quarterlv NCOA 1 Run

TOTAL BASE YEAR $

Page I 2 U5DCAZ.2012.330 2

OPTION YEAR 2: Dates to be Inserted in the Awarded Contract Based Upon Date of Award

Item No. Description of Services Estimated Quantity Unit Unit Price Total Amount

3-a First Weekly Summonsina - Phoenix 902 Each

3-b First Weekly Summonsinq - Tucson 955 Each

3-c First Monthly Summonsina - Prescott 1,485 Each

3-d Second Weekly Summonsino - Phoenix 318 Each

3-e Second Weekly Summonsinq - Tucson 372 Each

3-f Second Monthly Summonsino - Prescott 584 Each

3-0 Quarterly NCaA 1 Run

TOTAL BASE YEAR $

OPTION YEAR 3: Dates to be Inserted in the Awarded Contract Based Upon Date of Award

Item No. Description of Services Estimated Quantity Unit Unit Price Total Amount

4-a First Weekly Summonsino - Phoenix 929 Each

4-b First Weekly Summonsinq - Tucson 984 Each

4-c First Monthly Summonsino - Prescott 1,530 Each

4-d Second Weekly Summonsinq - Phoenix 328 Each

4-e Second WeeklY Summonsina - Tucson 383 Each

4-f Second Monthly Summonsinq - Prescott 602 Each

4-g Quarterly NCaA 1 Run

TOTAL BASE YEAR $

OPTION YEAR 4: Dates to be Inserted in the Awarded Contract Based Upon Date of Award

Item No. Description of Services Estimated Quantity Unit Unit Price Total Amount

5-a First Weekly Summonsino - Phoenix 957 Each

5-b First Weekly Summonsing - Tucson 1,014 Each

5-c First Monthly Summonsino - Prescott 1,576 Each

5-d Second Weekly Summonsing - Phoenix 338 Each

5-e Second Weekly Summonsinq - Tucson 394 Each

5-f Second Monthly Summonsino - Prescott 620 Each

5-q Quarterly NCaA 1 Run

TOTAL BASE YEAR $

[END OF SECTION B]

Page I 3 U5DCAZ.2012.330

SECTIONC

Description/Specifications/Statement of Work

C.1. Description

The U. S. District Court of Arizona ("District of Arizona") requires contractor support services in' processing and mailing juror qualification questionnaires and summonses, including data for the final merging, printing, sorting, collating, folding, stuffing and mailing as described in detail below. The District of Arizona mails approximately 150,000 juror questionnaires annually. These questionnaires are sent out based on the geographical location of the three divisional offices of the Court. These divisional offices are located in Phoenix, Prescott and Tucson.

Each mailing will consist of the following items, which the District of Arizona will provide:

» JUROR QUALIFICATION QUESTIONNAIRE

» SUMMONS FOR JURY SERVICE

» INFORMATIONAL LETTER (PROVIDED IN ELECTRONIC FORM)

» NUMBER 9 RETURN ENVELOPE

» NUMBER 10 MAILING WINDOW ENVELOPE (WITH BULK MAIL PERMIT IMPRINT)

The District of Arizona summons jurors on a weekly basis for two divisional offices and monthly for one divisional office. There are three divisional offices: Phoenix, Prescott and Tucson. All envelopes must be kept separate to be identified and used for the correct mailing. The mailing envelopes have return addresses for Phoenix (used for Phoenix and Prescott mailings) and Tucson (used for Tucson mailings). Return envelopes are addressed to each divisional office. Pre-printed juror questionnaire and summons forms along with an electronic information letter will also be provided to the contractor for each mailing.

Juror names and addresses for mailings are stored on the court's master jury wheel. Required services include periodically updating the master wheel with information from the U.S. Postal Service National Change of Address (NCOA) database. The current master wheel is one year old and has approximately 315,000 records.

C.2. Scope of Work

The contractor shall provide comprehensive mailing services for juror questionnaires and summonses for the District of Arizona as thoroughly outlined in the description above and in the scope and statement of work provided on the following pages.

Item 1 Notification

Contractor will be given a mailing schedule from the District of Arizona listing the scheduled mailings for each week. {The mailing schedule is based upon providing (1) an initial notice to jurors seven weeks in advance of their scheduled jury duty week as well as (2) a second notice three weeks in advance of the scheduled jury duty week to those jurors who have not responded to the initial notice. For example, the mailing required for the week of January 16, 2012, would include the initial notice to jurors scheduled for duty the week of March 5, 2012, as well as second notices to jurors scheduled for duty the week of February 6, 2012.} When the data is ready for processing, notification shall be made via an immediate E-mail message to a contractor

Page I 4 USDCAZ.2012.330 4 representative to complete the order. The ordered mailing must be completed within 72 hours of notification. Notification is defined as the date and time of the sent E-mail notification. The 72 hour timeline includes all weekends and I holidays. The 72 hour period also includes the period for approval of all I proofs.

Item 2 Confirmation of Notification

Absent receipt of a delivery failure notice, all outgoing E-mail notifications from the District of Arizona will be considered "delivered" as of one hour following the time of day on the date the message was sent. A confirmation message in response is preferred, but absence of such response will not affect the date and time of official notification, which is one hour from the time of day sent by court personnel as recorded by the court's electronic mail system. As noted in Item #1 above, the ordered mailing must be completed within 72 hours of the notification (Le., from the date and time the E-mail notification was sent - not received. Further, the 72 hour timeline includes all weekends and holidays.

The 72 hour period also includes he period for approval of all proofs.)

Item 3 Data Retrieval

Contractor shall retrieve the needed mailil1g data (Le., juror name and mailing address) via Internet access from the District of Arizona. The data can be provided in the following formats: .dbf, .txt, .csv or .xls. {The District of Arizona will provide the contractor with a password to be able to log on to a secured server to download the data. The data will remain encrypted during the downloading process so no one can intercept it. The District of Arizona will provide contractor with encryption software and necessary passwords to unencrypt the data.}

Note: The mailing address will only provide a five digit zip code.

Item 4 CASS and PA VE Processing

Each week contractor will standardize the address line and add the Zip + 4® extension and 11-digit bar code to all records to ensure that addresses are compliant with postal regulations and eligible for the highest discount rate possible. Contractor will notify the District of Arizona of any zip codes that change.

Item 5 Merging of Data

Contractor will be provided with the text and variable fields of data for the shell documents for the questionnaire and summons. The variable data will consist of dates provided by the District of Arizona and the remainder of the data will come from the data files containing participant numbers, names and addresses of the jurors being summonsed. Once the variable data has been entered, the data files will be merged into the documents to complete the process. The information letter also contains variable data, but the District of Arizona will provide an electronic form of the letter. The letter can be provided in .wpd, .doc or .pdf. If contractor chooses, contractor can make the information letter a variable merge document and the District of Arizona will provide that variable data each week. Please refer to Attachment A for sample documents of the variable information in each shell document and what the final printed documents will look like.

Page I 5 USDCAZ.2012.330 5

Item 6

Item 7

Item 8

Proofs

Contractor will provide the District of Arizona with one proof for each mailing (Le., questionnaire, summons and information letter for each weekly/monthly mailing). The proofs will be encrypted and posted to a secure drive provided by the District of Arizona. Contractor will then notify the District of Arizona via E-mail that the proofs are available. Once approved, the District of Arizona will notify the contractor via E-mail that the mailings are approved for printing and mailing.

Printing

Contractor shall print the jurors' names and relevant information on the court-provided juror questionnaires and summonses based upon the electronic information provided by the District of Arizona for each mailing. Contractor shall also print the information letters for each divisional office for inclusion with the corresponding juror questionnaire and summons. As previously noted, notification for each mailing is generally provided seven weeks prior to the week/month of service for the first mailing and three weeks for the second mailing.

Collating Information Letters, Summonses and Questionnaires

Contractor shall collate the properly printed juror qualification questionnaire and the summons with the information letter.

This process must be entirely automated.

I

I

Item 9 Folding

Contractor shall fold the juror qualification questionnaire, summons and information letter. Folds on the forms must be exact as return envelopes are run through an envelope slicer and then the questionnaire is run through a scanner for automated entry of data. If folds are not exact, the subsequent receipt processes by court staff must be completed manually.

This process must be entirely automated.

Item 10 Collating with Envelopes/Mailing Materials

Contractor shall collate the tri-folded questionnaire, the #9 return envelope.

This process must be entirely automated.

summons and letter with

I

Item 11

Item 12

Inserting Collated Documents Into #10 Window Envelope

Contractor shall insert the collated documents (Le., the questionnaire, summons and information letter) with the #9 return envelope into the #10 window envelope.

This process must be entirely automated.

Conducting Quality Assurance

Contractor shall conduct quality assurance procedures throughout the process

I

Page I 6 USDCAZ.2012.330 6 to ensure each #10 envelope contains a personalized juror qualification I questionnaire and summons addressed to the same person along with the I correct information letter and #9 envelope.

Item 13 Sealing the #10 Envelope for Mailing

Upon verification of mailing contents, contractor shall seal the #10 window I envelope for mailing.

Item 14 Sorting and Completing Mail Preparation

Contractor shall complete any final sorting required for mail preparation.

Item 15 Metering Each Piece of Mail

The bulk of the mailings will be done through the permit mail process. In the event a piece of mail needs to be metered, it shall be the contractor's

I responsibility to provide any required postage in advance and invoice the District of Arizona for the postage costs. These costs shall be indicated separately on the contractor's invoice.

Item 16 Mailing

Contractor shall mail each completed #10 envelope by delivering items to the I

I U.S. Postal Service for delivery to the addressees.

Item 17 Mailing Transaction Receipt

At the completion of each week's mailings, contractor shall forward the Mailing Transaction Receipt from the post office along with a count of how many envelopes were mailed using first class postage.

Item 18 NCOA

Contractor will run the master wheel of the District of Arizona against the NCOA every 90 days to ensure that the wheel contains the most up-to-date addresses. The number of names in the wheel will decline over the life of the wheel as names of jurors are pulled each week/month for the summonsing process. Contractor will provide the District of Arizona with the MOVERS, NIXIES and ANKS files for updating the master wheel. This process can take no longer than 48 hours. The data will be provided in a pipe delimited text file.

I

All data is to be kept in uppercase letters.

Item 19 Maintaining Security and Confidentiality

The mailing lists and all data provided to the contractor are to be held in confidence and not released or used for any other purpose except for the purpose herein stated. Upon award, contractor must sign a confidentiality agreement with the District of Arizona. Please see Attachment B for required confidentiality agreement. Additionally, all supplies provided (Le., juror summons forms, juror questionnaires and envelopes) are to be securely stored and access to this storage area should only be allowed to authorized personnel. Use of the data provided for any other purpose than for performance of this contract may constitute grounds for termination of the contract under Clause 7-230, Termination for Default.

Inventory of Envelopes and Forms Item 20

The District of Arizona will keep a running inventory of envelopes and forms

Page I 7 USDCAZ.2012.330 7 ordered and shipped to contractor as well as the number used in each week's mailing. The COTR will order additional supplies when the amount on hand reaches a certain number. The contractor will also need to keep an inventory count to ensure orders are placed timely. These numbers will be provided to I contractor once the award is made.

Acceptable Quality Level Requirements

Accuracy requirements for work performed under this contract are high. Due to the confidential nature of the court and personal juror information, it is imperative that these services be completed error free as these mailings are consequential. In addition to the privacy concerns associated with an individual whose mailing materials may be received by someone else, the Court is sensitive to perceptions of competency by our prospective jurors. Even more troubling is the fact that any sort of error, particularly frequent errors, could compromise the confidence of attorneys and litigants in the jury selection process. This could ultimately lead to a challenge and jeopardize the outcome of a federal court trial. As a result, the following high quality performance standards are required:

period

• No more than one mismatched summons and questionnaire set may occur during a one year period. (Specifically, a set involves two juror names and their associated documents.)

critical. Mailings can be delayed 2 - 6 weeks if the contractor exhausts its supply of forms or envelopes, and the court may incur additional costs for expedited delivery of new forms and envelopes. The contractor will be held liable for any such increased costs incurred by the court which result from untimely notice to provide new supplies of forms or envelopes.

While these acceptable quality standards are high and require near perfection, experience has shown that this high quality of performance can be achieved as these standards have been attained and maintained with previous contractors. The above quality standards will be effective 30 days after the contractor commences performance of the contract.

Supplies/Materials

The District of Arizona will provide the following supplies:

The District of Arizona will also provide the following information or access to information:

• Data files with the jurors' names and mailing addresses will be available via Internet access from the District of Arizona in one of the following formats: .dbf, .txt, .csv or .xls. (Note: Mailing addresses will only include a five digit zip code.) The District of Arizona will provide the contractor with a password to be able to log on to a secured server to download the data. The data would remain encrypted during the downloading process so no one can intercept it. The

Page I 8 USDCAZ.2012.330 8

District of Arizona will provide the contractor with encryption software and necessary password to unencrypt the data.

• Electronic version of information letter.

The District of Arizona will NOT provide the following supplies or materials:

collating, folding, stuffing and mailing of the juror qualification questionnaire and summons with an informational letter and return envelope.

• Software or hardware necessary to access NCaA.

Storage Capability

The U.S. District Court will purchase and provide the juror qualification questionnaires, summonses, #9 return envelopes and #10 window mailing envelopes necessary to complete the mailings. The contractor must have available secured storage space to maintain these supplies. It is estimated that 265 cubic square feet of storage space is needed to maintain these supplies. For example, the District of Arizona will purchase the #9 and #10 envelopes in bulk and have them shipped directly to the contractor. The contractor will need to be able to accept/receive shipments and securely store these envelopes until needed. Additionally, as previously noted, the envelopes are addressed to each divisional office (there are three divisional offices) and will need to be kept separate to ensure the appropriate envelopes are used. The pre-printed juror questionnaire and summons forms will also be shipped to the contractor for storage since the contractor will be completing the final printing of the jurors' information on these forms.

Secured storage space is defined as a locked storage room with access limited to authorized employees of the contractor. The Contracting Officer and/or COTR for the District of Arizona will have the right to inspect the premises at any time to ensure the provided supplies, specifically, the juror qualification questionnaires, summons, #9 return envelopes and #10 window mailing envelopes, are adequately secured and access is limited to only authorized individuals.

If any of the supplies provided by the District of Arizona (i.e., the juror qualification questionnaires, summons, #9 return envelopes and #10 window mailing envelopes) were to be lost or stolen, the contractor must immediately report the loss or theft to the Contracting Officer and/or COTR.

(Immediate report is defined as a telephone call with a follow-up E-mail message documenting the occurrence and circumstances within 24 hours of the discovered theft or loss.) Should any loss or theft result from negligence on the part of the contractor, the contractor will be responsible for the cost of replacing the lost or stolen items.

Jury Process Information

The District of Arizona currently operates a one appearance/one trial jury system. Jurors are on call for one week for Phoenix and Tucson and one month for Prescott or until they make one appearance at the courthouse. Juror mailings are done on a weekly basis, approximately seven weeks prior to the week/month the juror is on call.

Page I 9 USDCAZ.2012.330 9

Quantity

The District of Arizona is currently summonsing the following number of jurors each week/month:

Weekly Monthly

Phoenix Divisional Office 850 -0 Prescott Divisional Office -0 1,400 Tucson Divisional Office 900 -0

A second mailing is conducted for each weekly/monthly mailing for each division office. This mailing consists of jurors who have not responded to the initial questionnaire by a certain date. This number will vary each week/month, but the following is an estimate of the number mailed:

Weekly Monthly

Phoenix Divisional Office 300 -0

Prescott Divisional Office -0 550

Tucson Divisional Office 350 -0

As a result, there are a minimum of 232 initial and second monthly mailings completed that include approximately 148,200 jurors summonsed each year. In addition to these mailings, there may be a need to mail out additional questionnaires and summonses for high profile or special trials.

These mailings are done on an as needed basis and often with little advance notice.

Location of Performance

Work shall be performed at the contractor's site.

Special Requirements

The mailing lists and all data provided to the contractor are to be held in confidence and not released or used for any other purpose except for the purpose herein stated. Upon award, contractor must sign a confidentiality agreement with the District of Arizona. Please see Attachment B for required confidentiality agreement.

The contractor must maintain and store all data files in an encrypted format for security purposes (Le., in the event that hardware was compromised or stolen). The contractor must remove all encrypted files from their computers, including recycling bins, within four weeks after notification of completion of the mailing is sent to the District of Arizona.

C.3. Skill Requirements

Contractor must have expert knowledge of printing and mailing services.

C.4. Deliverables

Timelines for each mailing will be provided by the COTR. Generally, the timelines for the various functions are as follow:

• Ordered mailings must be completed within 72 hours of notification.

• Weekly updates/notification of any zip code changes must be received on the same day the

Page 110 U5DCAZ.2012.330 10 mailings are completed.

• Proof for each mailing (Le., questionnaire, summons and information letter for each weekly/monthly mailing) must be received with 24 hours of ordered mailings.

• The master wheel must be run against the NCaA every 90 days to ensure the wheel contains up-to-date addresses. Contractor will provide the MOVERS, NIKIES and ANKS files and this process must be submitted within 48 hours of completion.

C.S. Place of Delivery and Timeline of Deliverables

All deliverables shall be submitted to the following COTR:

Ms. Betsy Tait

Jury Administrator

401 W. Washington Street, SPC 2

Phoenix, AZ 85003-7270

Phone: (602) 322-7271

E-mail: betsy tait@azd.uscourts.gov

Ms. Tait will serve as the COTR (Contracting Officer's Technical Representative) for this award and any subsequent contract award.

[END OF SECTION C]

USDCAZ.2012.330Page \11 11

SECTION D

Packaging and Marking

D.1 Clause 8-5, Clauses Incorporated by Reference (SEP 2010)

This contract 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

Clause Number Clause Title Date

2-45 Packaging and Marking August 2004

[END OF SECTION 0]

Page 112 USDCAZ.2012.330 12

SECTION E

Inspection and Acceptance

E.1 Clause 8-5, Clauses Incorporated by Reference (SEP 2010)

This contract 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

Clause Number Clause Title Date

2-58 Inspection of Services August 2004

E.2 Acceptance

As specified in the statement of work.

[END OF SECTION E]

Page 113 USDCAZ.2012.330 13

SECTION F

Deliveries or Performance

F.1 Clause B·5, Clauses Incorporated by Reference (SEPT 2010)

This contract incorporates one or more clauses by reference, with 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

Clause Number Clause Title Date

2-25A Delivery Terms and Contractors Responsibilities

January 2003

2-60 Stop Work Order January 2010

7-200 Judiciary Delay of Work January 2003

F.2 Deliverables

Deliverables are due as specified in the statement of work.

F.3 Notice to the Government of Delays

In the event the contractor encounters difficulty in meeting performance requirements, or when the contractor anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, including any failure of electronic equipmenUnetwork which would prevent timely receipt of mailing notifications from the court, the contractor shall immediately notify the Contracting Officer and the COTR, by telephone, facsimile, or email followed by notification in writing, giving pertinent details, provided this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.4 Waiver of Delivery Schedule

Acceptance of delinquent deliveries shall not be regarded as an extension, waiver, or abandonment of the delivery schedule, or a waiver of the Government's rights to terminate the contractor for default.

Any assistance rendered to the contractor on this contract, or acceptance by the Government of delinquent goods or services hereunder, will be solely for the purpose of mitigating damages. Further, such assistance, if rendered, shall not be considered as intention on the part of the Government to condone any delinquency.

Page 114 USDCAZ.2012.330 14

F.5 Type of Contract

This is a fixed price contract.

F.6 Period of Performance

The period of performance of this contract begins on the date of contract award and continues for a period of 12 months with four (4) one-year option periods to be exercised at the option of the government and subject to funding availability. Under no circumstances may the period of performance extend more than five years.

[END OF SECTION F]

U5DCAZ.2012.330Page 115 15

SecrtoNG

Contract Administration Data

G.1 Clause 7-1, Contract Administration (JAN 2003)

(a) The Contracting Officer and Contracting Officer's Technical Representative for the contract will be the jUdiciary's primary points of contact during the performance of the contract. The Contracting Officer responsible for the administration of this contract will provide a cover letter providing the Contracting Officer's name, business address, e-mail address, and telephone number. Written communications from the contractor shall make reference to the contract number and shall be mailed to the address provided in the cover letter. Communications pertaining to contract administration matters will be addressed to the Contracting Officer.

(b) Notwithstanding the contractor's responsibility for total management during the performance of this contract, the administration of this contract will require the maximum coordination between the judiciary and the contractor. All contract administration will be effected by the Contracting Officer except as may be re-delegated. In no event will any understanding or agreement, contract modification, change order, or other matter in deviation from the terms of this contract between the contractor and a person other than the Contracting Officer be effective or binding upon the judiciary. All such actions shall be formalized by a proper contractual document executed by the Contracting Officer.

Contracting Officer: Rhonda K. Van Dyke, FABD Manager

G.2 Clause 7-5, Contracting Officer's Technical Representative (JAN 2003)

(a) Upon award, a contracting officer's technical representative (COTR) may be appointed by the contracting officer. The COTR will be responsible for coordinating the technical aspects of this contract and inspecting products/services furnished hereunder; however, the COTR will not be authorized to change any terms and conditions of the resultant contract, including price.

requirements of the contract;

modification is issued by the contracting officer;

relative to contracting officer's written approval; and

(6) providing general technical guidance to the contractor within the scope of the contract and without constituting a change to the contract.

The COTR for this contract: Betsy Tait, Jury Administrator

Page I 16 USDCAZ.2012.330 16

G.3 Clause 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 responsible for all contract administration issues relative to this contract, and shall have full authority to act for and legally bind the contractor on all such issues.

(end)

G.4 Clause 7-125, Invoices (APR 2011)

(a) Invoices shall be submitted to the address (physical or e-mail) specified in this contract and in accordance with any schedule for payments set forth elsewhere under this contract.

(b) The office that will make payments due under this contract will be designated as specified in the contract at the time of contract award.

(c) To constitute a proper invoice, the billing document shall include the following information and/or attached documentation:

e.g., delivery/task order number for orders under indefinite delivery contracts;

(4) for each line item - general description of product delivered or services rendered, measured unit, and associated price;

the responsible official to whom payment is to be sent. The "remit to" address shall correspond to the remittance address in the contract;

(10) other substantiating documentation or information as required by the purchase/ delivery/task order or contract;

(11) all follow-up invoices shall be marked "Duplicate of Original." Contractor questions regarding payment information or check identification shall be directed to the relevant paying authority specified in the contract.

. Page 117 USDCAZ.2012.330 17

G.5 Schedule for Invoice Payment

Invoices will be paid in arrears on a monthly basis.

[END OF SECTION G]

U5DCAZ.2012.330Page 118 18

SECTION H

Special Contract Requirements

H.1 Clause 8-5, Clauses Incorporated by Reference (SEP 2010)

This contract 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

CLAUSE

NUMBER

1-1

7-55

CLAUSE TITLE

Employment by the Government

Contractor Use of Judiciary Networks

DATE

January 2003

January 2003

I

Provision 7-20, SECURITY REQUIREMENTS (APR 2011)

(a) Definitions. As used in this clause:

"Access" means physical entry into, and to the extent authorized, mobility within, a judiciary facility.

"Contractor employee" means an employee of the prime contractor or of any subcontractor, affiliate, partner, joint venture, which the contractor is associated. It also includes consultants engaged by any of those entities.

"Facility" and "judiciary facility" means buildings, including areas within buildings, owned, leased, shared, occupied, or otherwise controlled by the judiciary.

"Judiciary IT resources" include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(b) Requirements.

Contractor employees working on this contract must complete such forms as may be necessary for security purposes or other reasons. Completed forms shall be submitted as directed by the Contracting Officer's Technical Representative (COTR). Depending upon the

Page I 19 USDCAZ.2012.330 19 level of access required to judiciary facilities or IT resources for performance of the work, contractor employees may be subject to any of the following types of security checks:

Fingerprint Check

Credit Check

National Agency Check with Inquires (NACI)

National Agency Check with Inquiries and Credit (NACIC)

National Agency Check with Law and Credit (NACLC)

Single Scope Background Investigation (SSBI)

Single Scope Background Investigation - Periodic Reinvestigation (SSBI-PR)

Public Trust Special Background Investigation (PTSBI)

Citizenship and Immigration Services (CIS) Check

Contractor employees visiting court sites to provide support covered under this contract may be subjected to additional FBI screening and U.S. Marshal inspection.

(c) Exemption.

Affected contractor employees who have had a Federal background investigation without a subsequent break in Federal employment or Federal contract service exceeding two (2) years may be exempt from the investigation requirements of this clause subject to verification of the previous investigation. For each such employee, the contractor shall submit the following information: employee's full name, Social Security Number, and place and date of birth.

(d) Facility Access Cards (FAC).

The contractor shall be responsible for all Facility Access Cards or other government identification cards issued to the contractor's employees and shall immediately notify the CaTR if any Facility Access Card(s) cannot be accounted for. The contractor shall notify the CaTR immediately whenever any contractor employee no longer has a need for his/her judiciary-issued FAC (e.g., employee terminates employment with the contractor, employee's duties no longer require access to judiciary facilities). The CaTR will instruct the contractor as to how to return the FAC. Upon expiration of this contract, the CaTR will instruct the contractor as to how to return all judiciary-issued FACs not previously returned. The contractor shall not return FACs to any person other than the individual(s) named by the CaTR.

(e) Control of access.

The judiciary shall have and exercise full and complete control over granting, denying, withholding, and terminating access of contractor employees to judiciary facilities and IT resources. The CaTR will notify the contractor immediately when the judiciary has determined that an employee is unsuitable or unfit to be permitted access to a judiciary facility following the completion of any of the security checks/investigations listed in (b) above, or as a result of new information obtained at any time during the contractor's performance. The contractor shall immediately notify such employee that he/she no longer has access to any judiciary facility and/or judiciary IT resources, remove the employee from any such facility that he/she may be in, and provide a suitable replacement who must comply with the requirements of this and other applicable clauses. In addition, the Contracting afficer may require the contractor to prohibit

Page I 20 USDCAZ.2012.330 20 individuals from access to judiciary facilities or IT resources if the judiciary deems their initial or continued access contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may be required to have routine physical access to a judiciary facility or routine access to a Judiciary IT resource.

(g) The judiciary reserves the right to refuse to grant facility access for any contractor employee who has been convicted of a felony.

(end)

H.2 Judiciary IT Security Standards (FEB 2012)

(a) Policy.

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

(b) The contractor shall:

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

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

(3) develop, maintain, and periodically provide to the COTR a master asset inventory list that reflects all assets, government furnished equipment (GFE) or non-GFE that were used to process judiciary information. The initial version shall be provided to the COTR within six months of contract award and updated versions shall be provided at the end of

Page I 21 USDCAZ.2012.330 21 each six month period thereafter (or a period mutually agreed upon between the COTR and the contractor, not to exceed 12 months).

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

(5) ensure that rules of behavior are signed by all contractor employees assigned to work on the judiciary contract, which address at a minimum: authorized and official use;

prohibition against unauthorized users; and protection of sensitive data and personally identifiable information and be approved by the COTR.

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

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

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

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

Page I 22 USDCAZ.2012.330 22

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

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

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

(13) have in place configuration management and change control processes to prevent unauthorized modifications or additions to the information system and…