Combined_Synopsis_Solicitation_-_Westlaw_Final.pdf
PDF 678 KB Posted
- Solicitation number
- W15QKN17R0B39
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Westlaw_Questions_and_Answers_1-3_posting.pdf | ||
| Attachment_0001_-_JA_OGC_Westlaw_REDACTED.PDF |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Combined Synopsis/Solicitation for W15QKN-17-R-0B39
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in
Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
The solicitation number W15QKN-17-R-0B39 is being issued as a Request for Proposal (RFP).
This solicitation document and incorporated provisions and clauses are those in effect through Federal
Acquisition Circular (FAC) 2005-80.
This procurement is 100% sole source to West Publishing Corporation, doing business as (DBA)
Thomson Reuters. This acquisition is a brand name requirement for Westlaw for Government Portfolio and West LegalEdcenter and shall be issued under the authority of FAR 6.302-1, Only One Responsible
Source and No Other Supplies or Services Will Satisfy Agency Requirements. As per FAR 5.102(a)(6), the justification and approval for other than full and open competition for this brand name specification is attached. The applicable NAICS Code for this procurement is 519130: Internet Publishing and
Broadcasting and Web Search Portals with a Small Business Size Standard of 1,000.
The U.S. Army Contracting Command – New Jersey, Close Combat Systems Center at Picatinny Arsenal, NJ is issuing this combined synopsis/solicitation to provide the automated legal research platforms, Westlaw for Government Portfolio and West LegalEdcenter and its associated support to the Office of the
General Counsel (OGC).
The Contractor shall provide OGC with Westlaw for Government Portfolio and West LegalEdcenter and its associated support as detailed in the Statement of Work. These platforms shall include database content sets for federal and state case law, administrative decisions, statutes, regulations, treaties, law reviews, specialty publications, international law libraries and patent law. The platforms shall include on-line access to news/journals/business, financial, public records and related information databases as well as full-text search and retrieval capability within individual databases and across multiple databases.
Offerors responding to this RFP shall submit a Firm Fixed Price (FFP) proposal for the listed Line Items.
The period of performance for the base award is twelve (12) months from the date of award. Three (3) twelve (12) month Option periods may be exercised by the Government as listed in the Line Items.
Offerors must be able to provide all of the line items meeting the specifications and requirements provided in the RFP, Statement of Work (SOW) and RFP Provisions & Clauses within the specified delivery time.
Issuing Office Information and Points of Contact for the effort:
Issuing Office:
U.S. Army Contracting Command – New Jersey
Office Symbol: ACC-NJ-CC
10 Phipps Road
Picatinny Arsenal, NJ 07806-5000
Points of Contact:
Laura Burgos-Magidson, laura.e.burgos-magidson.civ@mail.mil
Laura Mackie, laura.a.mackie.civ@mail.mil mailto:laura.e.burgos-magidson.civ@mail.mil mailto:laura.a.mackie.civ@mail.mil
PROPOSAL RESPONSE DEADLINE: Proposals shall be provided by 3:00PM EDT 15 September
2017 via electronic mail to the Contract Specialist, Laura Burgos-Magidson at laura.e.burgos-magidson.civ@mail.mil and the Procuring Contracting Officer (PCO), Laura A. Mackie at laura.a.mackie.civ@mail.mil. The response shall clearly be marked with solicitation number W15QKN-
17-R-0B39 and all proposals must be valid for a minimum of thirty (30) days.
Responses must set forth full, accurate and complete information as required by this solicitation and shall be submitted in English. Examine the entire solicitation carefully. The penalty for making false statement is prescribed in 18 U.S.C. 1001. Responses must be plainly marked with the solicitation number and the date and local time set forth for receipt of proposal in the solicitation document.
A response to this solicitation shall include the completion of Contract Line Item Numbers (CLINs), fill-in clauses, and be accompanied by a proposal on company letterhead. Additionally, a detailed proposal supporting the proposed prices shall be included. The response to solicitation should also include completed FAR 52.212-3, Offeror Representations and Certifications representations; as outlined in the provision, the offeror shall complete only paragraph (b) if they have completed the annual representations and certifications electronically in the System for Award Management
(SAM); if these are not complete in SAM, paragraphs (c) through (u) of the provision shall be completed.
Electronic Mail Submission Requirement
Size Restriction: There is a size restriction on electronic submission of proposals submitted to addresses at Picatinny Arsenal via e-mail; the maximum file size that can be accommodated in the e-mail system is
15 MB.
Acceptable Format: All material must be submitted in Microsoft Office format: the proposal must be in
Word format (Windows Platform); pricing/cost information must be in Excel format with all formulas intact (Windows Platform). Please identify the format in your transmittal.
Large files need to be compressed using the utility called WinZip (). Due to the large number of infected messages with ZIP attachments, all ZIP attachments will be blocked by ARDEC mail server. You need to rename the file extension for all your submissions so the files will get through our mail server. You also need to provide instructions on how to convert your modified file extensions back to their original format in the same message.
In addition, ARDEC's Internet E-mail Attachment Policy restricts distribution of the following types of e-mail attachments: *.ADE, *.ADP, *.BAT, *.B64, *.BAS, *.BHX, *.CEO, *.CE0, *.CHM, *.CMD, *.COM, *.CPL, *.CRT, *.DBX, *.DLL, *.DOT, *.EML, *.EXE, *.HQX, *.HTA, *.INF, *.INS, *.ISP, *.JS, *.JSE, *.LNK, *.MDE, *.MIM, *.MSC, *.MSI, *.MSP, *.NCH, *.OCX, *.PCD, *.PI, *.PIF, *.REG, *.SCR, *.SCT, *.SHB, *.SHS, *.UU, *.UUE, *.VB, *.VBE, *.VBS, *.WSC, *.WSF, *.WSH, *.XXE, *.ZIP
If you need to send us attachments with the above mentioned file types, you will need to rename the file extension for all your submissions, so that these files will get through our mail server. You will also need to provide detailed instructions on how to convert your modified file extensions back to their original format. In addition, it is required that electronic submissions are scanned with the most up-to-date virus definition, with antivirus software of your choice. ARDEC mail server will block all messages that are infected with a virus. Non-electronic submission requirement: Any proposal that is submitted via U.S.
mailto:laura.e.burgos-magidson.civ@mail.mil mailto:laura.e.burgos-magidson.civ@mail.mil mailto:laura.a.mackie.civ@mail.mil
Mail or commercial courier must be digitized on a Compact Disc (CD) or, Digital Versatile Disc/ Digital
Video Disc (DVD), and labeled with the file names and format(s) (Word, Excel, etc). It is not necessary to zip material submitted via non-electronic channel.
Special Notice to Offerors: Offerors are responsible for obtaining a receipt confirmation, via separate
Email, with the corresponding PCO and/or Contract Specialist to ensure that the electronic proposal submission has been received by the closing date/time set forth in the Combined Synopsis/Solicitation for
“receipt of offers”.
SUPPLIES OR SERVICES AND PRICES/COSTS
CLIN 0001: Base Year WESTLAW FOR GOVERNMENT PORTFOLIO (WESTLAW CORE
PLAN)
The contractor shall perform and deliver the required platform in accordance with (IAW) the Statement of
Work (SOW) and Contract Requirements. This subscription to an on-line legal research engine and is considered a supply/product.
Quantity: 60
Unit: EA
Period of Performance: Twelve (12) months from date of award.
UNIT PRICE: ______________________________________ (OFFEROR TO COMPLETE)
AMOUNT: ______________________________________ (OFFEROR TO COMPLETE)
FOB: DESTINATION
PSC: D317
CLIN 0002: Base Year WEST LEGALEDCENTER (A PROFESSIONAL DEVELOPMENT
PLATFORM)
The contractor shall perform and deliver the required platform IAW the SOW and Contract
Requirements. This subscription to an on-line legal research engine and is considered a supply/product.
Period of Performance: Twelve (12) months from date of award.
UNIT PRICE: ______________________________________ (OFFEROR TO COMPLETE)
AMOUNT: ______________________________________ (OFFEROR TO COMPLETE)
CLIN 0003: Option Year 1 WESTLAW FOR GOVERNMENT PORTFOLIO (WESTLAW CORE
Requirements. This subscription to an on-line legal research engine and is considered a supply/product.
Period of Performance: Twelve (12) months from the end of the base year.
UNIT PRICE: ______________________________________ (OFFEROR TO COMPLETE)
AMOUNT: ______________________________________ (OFFEROR TO COMPLETE)
CLIN 0004: Option Year 1 WEST LEGALEDCENTER (A PROFESSIONAL DEVELOPMENT
Requirements. This subscription to an on-line legal research engine and is considered a supply/product.
Period of Performance: Twelve (12) months from the end of the base year.
UNIT PRICE: ______________________________________ (OFFEROR TO COMPLETE)
AMOUNT: ______________________________________ (OFFEROR TO COMPLETE)
CLIN 0005: Option Year 2 WESTLAW FOR GOVERNMENT PORTFOLIO (WESTLAW CORE
The contractor shall perform and deliver the required platform in IAW the SOW and Contract
Requirements. This subscription to an on-line legal research engine and is considered a supply/product.
Period of Performance: Twelve (12) months from the end of Option Year 1.
UNIT PRICE: ______________________________________ (OFFEROR TO COMPLETE)
AMOUNT: ______________________________________ (OFFEROR TO COMPLETE)
CLIN 0006: Option Year 2 WEST LEGALEDCENTER (A PROFESSIONAL DEVELOPMENT
Requirements. This subscription to an on-line legal research engine and is considered a supply/product.
Period of Performance: Twelve (12) months from the end of Option Year 1.
UNIT PRICE: ______________________________________ (OFFEROR TO COMPLETE)
AMOUNT: ______________________________________ (OFFEROR TO COMPLETE)
CLIN 0007: Option Year 3 WESTLAW FOR GOVERNMENT PORTFOLIO (WESTLAW CORE
Requirements. This subscription to an on-line legal research engine and is considered a supply/product.
Period of Performance: Twelve (12) months from the end of Option Year 2.
UNIT PRICE: ______________________________________ (OFFEROR TO COMPLETE)
AMOUNT: ______________________________________ (OFFEROR TO COMPLETE)
CLIN 0008: Option Year 3 WEST LEGALEDCENTER (A PROFESSIONAL DEVELOPMENT
Requirements. This subscription to an on-line legal research engine and is considered a supply/product.
Period of Performance: Twelve (12) months from the end of Option Year 2.
UNIT PRICE: ______________________________________ (OFFEROR TO COMPLETE)
AMOUNT: ______________________________________ (OFFEROR TO COMPLETE)
DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK
STATEMENT OF WORK
FOR ONLINE LEGAL RESEARCH PLATFORM
1. INTRODUCTION
The purpose of this requirement is to obtain an automated legal research platform that provides the
Department of the Army, Office of the General Counsel (OGC) with the legal research capabilities essential to successfully accomplish its mission.
2. OBJECTIVE
2.1. Essentially all legal research conducted by attorneys is done using Computer Assisted Legal
Research (CALR) or checked by using CALR to ensure the case, regulation, treaty, congressional action, committee report, or other source cited in the research has not been overruled or modified by a subsequent ruling, finding or change. This contract will provide OGC with CALR capabilities from
West Law via on-line access to the Westlaw for Government Portfolio (Westlaw Core Plan) and West
LegalEdcenter (a Professional Development Platform).
2.2. These platforms include the following databases: Primary Law, Keycite, State Analytical
Collections, News, Forms, Regulatory, Law Reviews, Legislative Materials, and Administrative
Materials. The database content sets shall include federal and state case law, administrative decisions, statutes, regulations, treatises, law reviews, specialty publications, international law libraries and patent law. Databases shall be updated regularly and within a reasonable time as defined by commercial practices to ensure the inclusion of all published, unpublished and slip opinion decisions, statutory and regulatory changes and treatise updates.
2.2. The platforms shall include on-line access to news/journals/business, financial, public records and related information databases.
2.3. The platforms shall have full-text search and retrieval capability within individual databases and across multiple databases.
2.4. Platforms shall include associated support services.
3. SCOPE
3.1. The contractor shall provide unlimited on-line access to in depth legal and law-related databases;
factual databases; public record, business and news sources; a variety of research capabilities with primary emphasis on search and retrieval including citation checking software; access to a secure and responsive system, and other related support services. Unlimited access and subscriptions shall be granted to sixty (60) authorized users for both theWestlaw for Government Portfolio and West
LegalEdcenter. An authorized user list will be provided to the Contractor by the OGC. Authorized user lists will be updated by OGC periodically to reflect personnel turnover, to ensure only users approved by the agency have access to the databases. OGC users shall be able to access the
Contractor's online system using existing OGC and standard Department of the Army equipment and telecommunications capabilities.
3.2. The Contractor shall provide unrestricted and unlimited access to full-text search and retrieval for all contractor provided database libraries, including federal trial and appellate court decisions and rules; state appellate court decisions and state court rules; annotated United States Code; Federal
Register and Code of Federal Regulations; state statutory codes and administrative codes; legislative history including the Congressional Record; Federal administrative agency decisions including those of the Comptroller General and the Boards of Contract Appeals; Opinions of the U.S. Attorney
General and the Office of Legal Counsel; state attorney general opinions; law reviews; international agreements; legal citations, and secondary sources such as treatises, legal encyclopedias, law reviews, and commentaries. The contractor shall provide access to West LegalEdcenter (Professional
Development platform). The databases covered shall include, at a minimum, those described in
Exhibit A. The contractor shall incorporates any changes/updates to the databases on a continuous basis.
3.3. Functionality:
At a minimum the following functions shall be provided:
3.3.1. Citation Checking Functions
The Contractor shall provide full-service citatory for case-law, statutes and regulations databases.
The citation checking functions shall permit the user to request a history display for a single displayed document by entering the citation of the desired document. The Contractor's system shall be capable of hyper linking and displaying the full text of a document referenced in the history display if that document is available in the Contractor’s database. The Contractor-provided citation checking functions shall include, at a minimum:
A "citation checking" function that provides a current case history and status and, where applicable, verifies the accuracy of citation information. The case history shall include the most recent court action available.
A "general citator" that provides a comprehensive list of references to a document whenever it is referenced in other documents (including court opinions, law reviews, and other applicable publications). For documents that are referenced in a volume/page format, the page number on which the primary reference occurs shall be presented.
A function that automates the citation checking process by comparing citations in a user's word processing document with the appropriate and most recent citation in the online databases and provides a report identifying any discrepancies, compatible with word processing software used by OGC, such as Microsoft Word.
Software or online cite checking function to compare a quotation in a user's word processing document with the same quotation in a full text version of a document available in a database provided by the Contractor (to be used in conjunction with cited quotations).
3.3.2. Search and Retrieval Function
The Contractor shall provide an online, interactive text "search and retrieval" function for all databases. The search and retrieval function provided shall, at a minimum, contain the following features:
3.3.2.1. Search Features which allow the user to:
o select a database or combination of databases at initial log-on and easily switch to new databases during a research session o restrict the search to terms within a sentence or paragraph or within a certain number of words of each other (proximity searching) o restrict word search to specific segments/fields o restrict search to a specific date o restrict search to a specific year or years, and /or range of specific dates o restrict search to specific document o provide root and wild-card searching o search multiple databases/libraries in the same search o restrict search to a specific court or combination of courts (for case-law databases) o restrict search to a specific judge (for case-law databases) o restrict search to case name (for case-law databases) o use natural language searching o recall the previous search request entered by the user and provide the ability to modify the request o create search that can be run repeatedly at designated time intervals o perform a search on the subset of documents retrieved through a prior query o maintain history trail of search requests o display a list of all records retrieved by the search.
3.3.2.2. Display Features
The Contractor shall provide a “display and retrieval” function for all databases. The display and retrieval function provided shall, at a minimum, contain the following features:
3.3.2.2.1. Display features which allow the user to:
o retrieve and display a specific document based on its citation o list all citations for documents that meet the search criteria o easily display a particular document from the list of citations o page forward and backward o skip over one or more retrieved items o highlight search terms anywhere they occur in the retrieved documents o display a portion of the text surrounding the search words, without having to display full text (key word in context).
3.3.2.2.2. This function shall allow for printing and downloading to user's computer hard drive, other media, including CD or mobile device, and perform dual column printing. The platform shall provide: the ability to download and print, as a single operation, one or more selected documents to a printer connected (either directly or as a shared network device) to the user's workstation; the ability to download one or more selected documents to the user's workstation and store the documents in a user-specified disk file for later printing or manipulation through a word processing program; and he
Contractor shall provide unlimited printing and downloading of retrieved documents, including all available PDF formats, subject to copyright and licensing restrictions in the final contract.
Downloading formats shall, at a minimum, include formatted word processing (e.g. Microsoft Word, and ASCII text).
3.3.2.2.3. This function shall allow for search results be e-mailed to users.
3.3.2.2.4. This function shall provide internal pagination to print versions of documents for case law databases (and all other databases as available).
3.3.2.3. Processing Features
The Contractor shall provide processing functions for all databases. The processing function provided shall, at a minimum, contain the following features:
3.3.2.3.1. Processing features which allow for:
o multi-user environment o interactive processing o command stacking capability o capability of storing search results o retrieve most recent documents first o display of clear and meaningful error messages o hyper linking capability in all documents, as provided to commercial customers.
4. AVAILABILITY
The Contractor's web-based legal, business and news research system shall normally be available to all OGC users on a twenty-four hours per day, seven days per week, three-hundred sixty five days per year (24/7/365) basis. The contractor shall notify OGC 48 hours in advance of any scheduled maintenance that will impact that availability of the platform.
5. DOCUMENTATION
The Contractor shall provide documentation on use of the database retrieval service, e.g., manuals, reference guides, and database descriptions.
6. PLATFORM SUPPORT
The Contractor shall provide the following support, which is part of the Westlaw on-line legal research platform subscription.
6.1 Training
The Contractor shall provide a training program to instruct users in the use of the platform’s capabilities. At a minimum, the Contractor's training program shall:
a. be available to every user;
b. be compatible with each individual user's information processing resources;
c. be adaptable to accommodate personnel with disabilities and provided by trainers knowledgeable in appropriate assistive technology for disabled users, including specialized training materials for the sight-disadvantaged, physically disabled, and hearing impaired users; and,
d. be adaptable to a range of skill levels from introductory to advanced training
e. include refresher training which provides training on new access methods and procedures, new/additional database information, and any enhancements to the platform’s functionality.
As part of Training Program, the Contractor shall provide:
(1) individual (one-on-one) and group on-site training at the Pentagon;
(2) self-training with printed training aids and student manuals;
(3) telephone training;
(4) online training, including but not limited to online tutorials and online-teleconference combined or hybrid training methods; and
(5) instructors experienced with the databases and services, Contractor's web sites and services, furnished under this contract. Contractor's instructors shall receive a briefing on the work and needs of OGC from the Contractor's project manager or a designee prior to providing training to OGC users.
6.2 Telephone Support/User Assistance
The Contractor shall provide telephone support and troubleshooting assistance to the users. Technical support shall be available by toll-free telephone to provide technical assistance and answer questions about research strategies, database structures, software usage, and other types of information related to the use of the service. Telephone support and user assistance shall be available to all users on a continuous basis.
7. ACCESSIBILITY FOR USERS WITH DISABILITIES
The Contractor's web sites shall be accessible to users with disabilities in accordance with the requirements of §504 & §508 of the Rehabilitation Act of 1973 (as amended).
8. DATABASE MANAGEMENT
The Contractor shall continually ensure the quality, reliability, and availability of databases, workstation software, search and retrieval systems, products, and support provided.
Exhibit A – Required Databases
Category Database
Federal Case law
Published and
Unpublished
Opinions of the U.S. Supreme Court; Opinions of the U.S. Courts of Appeals; Circuit Courts; Opinions of the U.S. Court of
Appeals for the Armed Forces; Opinions of the U.S. District
Courts; Opinions of the U.S. Claims Court; U.S. Court of Claims;
Court of Federal Claims; Opinions of the U.S. Bankruptcy Court;
Opinions of the U.S. Tax Court; Tax Court of the U.S.; Board of
Tax Appeals; U.S. Tax Court Memorandum Decisions
Briefs Amicus, Parties
Including, but not limited to: U.S. Supreme Court
Legislative Including, but not limited to: Congressional Record Including
Bills, Resolutions and Committee Reports; United States Code
(annotated and updated); Public Laws
Regulatory and
Administrative
Including, but not limited to: Opinions of the U.S. Attorney
General; Opinions of the Office of the General Counsel; U.S.
Department of Defense; Opinions of the Office of Legal
Counsel; Comptroller General Decisions; Unreported
Comptroller General Decisions; Code of Federal Regulations;
Federal Register; Decisions of the Boards of Contract Appeals;
Department of Agriculture; Armed Services; Army Corps of
Engineers; Department of Energy; General Services
Administration; Housing and Urban Development; Department of Interior (including Board of Indian Appeals); Department of
Labor; National Aeronautics and Space; Administration; Postal
Service; Department of Transportation; Veterans
Administration; Government Printing Office; Civil Rights
Reviewing Authority Decisions; Department of Education
Administrative Decisions; Office of Hearings and Appeals
Decisions; EEOC Administrative Decisions; EEOC Federal
Sector Court Cases; EEOC Professional Currency; Federal
Communications Commission Decisions; Federal Labor
Relations Authority; Decisions; Negotiable Determinations;
Administrative Law Judge Decisions; Court Cases;
Professional Currency; Policy Guidance; Compliance
Newsletter; Federal Labor Relations Council Decisions;
Federal Service Impasses Panel Decisions; Merit Systems
Protection Board ; Initial Decisions; Decisions; Court Cases;
Professional Currency; Compliance Newsletter; Rights and
Remedies; National Labor Relations Board Administrative
Decisions; Freedom of Information Act Guide; Department of
Labor (including the Occupational Safety and Health
Administration) Decisions; Department of Justice (including
Board of Immigration Appeals and Executive Office of
Immigration Review) Decisions; General Services
Administration Decisions; Office of Personnel Management
Decisions; General Accountability Office Decisions; Library of
Congress, U.S. Copyright Office Decisions; BNA Unpublished
Arbitration Decisions; Combined Labor Arbitration Decisions;
Department of HHS Office of Hearings and Appeals Decisions;
Arbitrator’s Court Cases and Decisions; Federal Human
Resources; Administrative Procedures Handbook; Civilian
Personnel Law Manual; Center for Partnership and Labor;
Management Relations; Department of Interior Materials;
Department of Justice Materials; Department of Labor
Materials; Department of State Materials; Department of
Transportation Materials; Office of Personnel Management;
Digest of Significant Classification; Decisions; Field
Advisory Services Reference Guide; Federal Wage System Job
Grading; System; Guide of Personnel Data Standards;
Department of Health and Human; Services Materials; Office of Compliance Decisions; Office of Personnel Management;
Materials; OPM Compensation and Leave; Decisions;
OPM Operating Manual; Social Security Administration;
Materials; Department of Treasury Material; Federal Labor and
Employment; Labor Agreements; Assistant Secretary of Labor for Labor; Management Relations Decisions; Employees’
Compensation Appeals; Board Decisions; Federal Employees
Compensation Act Practice Guide
State Materials Including, but not limited to: State court and administrative decisions, including the District of Columbia
State codes, statutes, regulations and administrative codes
News and
Information
General and Business News – National & International news wires, newspapers, and magazines
Legal News – newsletters, newspapers and magazines pertaining to the legal profession
Public Records and
Information, e.g.:
Real and Personal property ownership records;
Tax, judgment, and UCC filings; Professional and driver’s licenses; Company Profiles Business/Financial/Public
Record Filings including Secretary of State; Corporation
Affiliations;
Corporate, partnership, and DBA filings; Bankruptcy filings;
Professional Licenses; People and Business locators, finders and directories
Criminal
Records
Federal, State and local
Specialized
Material
Legal Encyclopedia (e.g., American Jurisprudence and CJS);
Annotated Reports (e.g., American Law Reports); American
Lawyer Media; Comprehensive Index of Lawyers; Labor
Arbitration Information System; EEOC Enforcement
Guidance & Related Documents ; EEOC Compliance
Manual; EEOC Compliance Newsletter; EEO Management
Bulletins; EEO Management Directives; Restatement of Law
Library; Full-Text Law Reviews and Indices to law reviews;
Law Journals; Medical Journals; Legal Treatises and Texts:
Practice Area Materials:
Administrative Law
Bankruptcy
Business Organizations
Corporations
Evidence
Commercial Law
Contract Law
Government Contracts
Federal Grant Law
Military Law
International Law
Education
Civil Procedures
Constitutional Law;
Military Law Review; National Disability Law Reporter;
Public Contract Law Journal; Public Procurement Law
Review; The Procurement Lawyer; The Army Lawyer; The
Clause (published by the Board of Contract Appeals Bar
Association); Individuals with Disabilities Education Law
Report (IDELR); Chronicle of Higher Education; Harvard
Civil Rights Project (Harvard Civil Rights – Civil Liberties
Law Review); Disability Law Compliance Manual;
Disability Law Compliance Report; Federal Information
Disclosure, Americans with Disabilities Practice &
Compliance Manual; Federal Rules of Civil Procedures, Criminal Procedure, Bankruptcy Procedure, and Appellate
Procedure; Evidence and Federal Local Court Rules; Law and Regulatory Compliance Newsletter; Manual on
Employment Discrimination and Civil Rights Actions in
Federal Court
INSPECTION AND ACCEPTANCE
This effort will be Inspected/Accepted by the Government at F.O.B. Destination.
52.246-4000 ACCEPTANCE, OCT/2010
[ ] Acceptance will be at the Contractor's plant.
[X] Acceptance will be at destination.
52.246-4001 GOVERNMENT PROCUREMENT QUALITY ASSURANCE ACTIONS, OCT/2010
Government Procurement Quality Assurance (PQA) actions will be accomplished by the Government
Quality Assurance Representative (QAR) at:
[ ] Contractor Plant
[X] Destination
[ ] Other: The Contractor’s plant except for tests conducted at a Government Facility or Pricing Ground.
DELIVERIES OR PERFORMANCE
Delivery of platform subscriptions and support shall be handled electronically and within (5) business days of award to:
Office of the Army General Counsel
Attn: Joyce Maple
104 Army Pentagon, Room 2E724
Washington, DC 20310-0104
Email: joyce.a.maple.civ@mail.mil
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION, MAR/2016
(a) Definitions. As used in this clause--
"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
"Concatenated unique item identifier" means
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.
"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200
(ECC200) specification found within International Standards Organization (ISO)/International
Electrotechnical Commission (IEC) 16022.
"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.
"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine- readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
"Enterprise" means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items. "Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.
"Governments unit acquisition cost" means
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractors estimated fully burdened unit cost to the Government at the time of delivery; and http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html
(3) For items produced under a time-and-materials contract, the Contractors estimated fully burdened unit cost to the Government at the time of delivery.
"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.
"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier. "Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
"Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.
"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.
http://www.aimglobal.org/?Reg_Authority15459 http://www.aimglobal.org/?Reg_Authority15459 http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items: Contract Line, Subline, or
Exhibit Line Item Number Item Description
__N/A_____ __N/A_____
(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the
Schedule or the following table:
Exhibit Line Item Number Item Description
__N/A_____ __N/A_____
Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in
Attachment Number N/A.
(i) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment
Number N/A.
(ii) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.
(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.
(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology--International symbology specification--Data matrix; ECC200 data matrix specification.
(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--
(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC
Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application
Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and
Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and
(D) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC
International Standard 15434, Information Technology-Transfer Syntax for High Capacity Automatic
Data Capture Media.
(5) Unique item identifier.
(i) The Contractor shall--
(A) Determine whether to--
(1) Serialize within the enterprise identifier;
(2) Serialize within the part, lot, or batch number; or
(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number);
and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;
(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and
(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.
(ii) The issuing agency code--
(A) Shall not be placed on the item; and
(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the
Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).
(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government’s unit acquisition cost.
(11) Unit of measure.
(12) Type designation of the item as specified in the contract schedule, if any.
(13) Whether the item is an item of Special Tooling or Special Test Equipment.
(14) Whether the item is covered by a warranty.
(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph
(c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item identifier is used).**
(5) Enterprise identifier (if concatenated unique item identifier is used).**
(6) Original part number (if there is serialization within the original part number).**
(7) Lot or batch number (if there is serialization within the lot or batch number).**
(8) Current part number (optional and only if not the same as the original part number).**
(9) Current part number effective date (optional and only if current part number is used).**
(10) Serial number (if concatenated unique item identifier is used).**
(11) Description.
** Once per item.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.
(2) Embedded items shall be reported by one of the following methods--
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number -7-, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
(g) Subcontracts. If the Contractor acquires by contract any items for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.
CONTRACT ADMINISTRATION DATA
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS, MAY/2013
(a) Definitions. As used in this clause--
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide
Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--http://dodprocurementtoolbox.com/site/uidregistry/ http://dodprocurementtoolbox.com/site/uidregistry/ http://dodprocurementtoolbox.com/site/uidregistry/%3B http://dodprocurementtoolbox.com/site/uidregistry/%3B
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic
Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Invoice and Receiving Report (COMBO)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
W81NL5
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC HQ0490
Issue By DoDAAC W15QKN
Admin DoDAAC W15QKN
Inspect By DoDAAC W81NL5
Ship To Code W81NL5
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) N/A
Accept at Other DoDAAC W81NL5
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS
Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send
Additional Email Notifications" field of WAWF once a document is submitted in the system.
Inspector/Acceptor: joyce.a.maple.civ@mail.mil
Contract Specialist: laura.e.burgos-magidson.civ@mail.mil
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
800-553-0527 or 315-709-6001
(2) For technical WAWF help, contact the WAWF helpdesk at 866- 618-5988.
CONTRACT PROVISIONS/CLAUSES
Additionally, the following provisions/clauses are applicable to this acquisition.
1 52.203-3 GRATUITIES APR/1984
2 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS
OCT/2010
3 52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT/2016
4 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE
REPORTING
JUL/2016
5 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
OCT/2016
6 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
JUL/2016
7 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL
ITEMS
JAN/2017
8 52.217-5 EVALUATION OF OPTIONS JUL/1990
9 52.222-20
10 52.232-1
CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES,
AND EQUIPMENT EXCEEDING $15,000
PAYMENTS
MAY/2014
APR/1984
11 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED
OBLIGATIONS
JUN/2013
12 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
DEC/2013
13 52.247-34 FOB DESTINATION NOV/1991
14 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF
FORMER DOD OFFICIALS
SEP/2011
15 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF
WHISTLEBLOWER RIGHTS
SEP/2013
16 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK
PRODUCT
APR/1992
17 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT FEB/2014
18 252.204-7006 BILLING INSTRUCTIONS OCT/2005
19 252.204-7012…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .