part i section b products, services, and costs · wireless network from penetration attacks, rogue...
TRANSCRIPT
PART I
SECTION B
PRODUCTS, SERVICES, AND COSTS
Request for Proposal Title: Wireless Network Security Upgrade
Request for Proposal Issue Date: February 11, 2015Request for Proposal Close Date: February 25, 2015 (5:00 p.m. EST)
B.1. INTRODUCTION
The Tax Court requires the products described in section C.2 (Products) andthe related installation and configuration services described in Section C.3(Services) for the total cost set forth in Section B.2 (Cost). The Tax Court will paya fixed price for these products and related services.
The Tax Court requires that products described in Section C.2 (Products)must be delivered no later than 30 (thirty) days after contract award and theservices described in Section C.3 (Services) must be completed no later than 45(forty-five) days after contract award.
This best value solicitation incorporates provisions and clauses byreference, with the same force and effect as if they were given in full text. The fulltext of each provision and clause may be found at Appendix 1B of Volume 14,Guide to Judiciary Policy, available electronically athttp://www.uscourts.gov/procurement.aspx. In addition, upon request, theContracting Officer will make their full text available. Hereinafter, all referencesto the “Court”, the “Judiciary” or the “Administrative Office of the United StatesCourts” appearing in any provision or clause shall be deemed to refer to the UnitedStates Tax Court. The term “Contractor” refers to the successful offeror awarded acontract under this solicitation.
B.2. COST
The total cost of the products and related services to be provided under thiscontract will be: $__________________ (To be completed by the offeror). Travel costs will not be allowed.
B-1
PART I
SECTION C
SPECIFICATIONS
C.1. BACKGROUND
The Court seeks to upgrade its current wireless infrastructure to protect thewireless network from penetration attacks, rogue wireless devices,denial-of-service attacks, and other wireless threats. The Court’s current wirelessinfrastructure consists of the following devices: (1) Cisco wireless LANcontrollers; (2) Cisco wireless Access Points; (3) Cisco Ironport Web Filters;(4) Cisco firewall; and (5) Cisco Prime. The Contractor must provide the hardwareand software described in Section C.2 (Products) and integrate them with theCourt’s currently deployed wireless infrastructure to provide an enhanced securityplatform. The Contractor will be required to provide the installation andconfiguration services described in Section C.3 (Services). Upon completion, theCourt requires the enhanced security platform to provide the minimum functionsas described in Section C.4 (Functional Requirements).
C.2. PRODUCTS
New products only; no refurbished items.
4 x MSE 3355 Hardware SKU (Cisco Item No. AIR-MSE-3355-K9) or equal
4 x SMARTNET 8X5XNBD MSE 3355 Hardware SKU (Cisco Item No.CON-SNT-MSE3355) or equal
4 x Cisco 3355 Mobility Services Engine SW (Cisco Item No. SWMSE3355K9)or equal
8 x AIR Line Cord North America (Cisco Item No. AIR-PWR-CORD-NA) orequal
4 x Insert Packout - PI-MSE (Cisco Item No. PI-MSE-PRMO-INSRT) or equal
4 x Ethernet Cables (Cisco Item No. AIR-SVR-CAB) or equal
2 x MSE License PAK (E-Delivery) (Cisco Item No. L-MSE-PAK) or equal
C-1
1 x 100 AP Base Location Services licenses (E-Delivery) (Cisco Item No.L-LS-100AP) or equal
1 x 100 AP WIPS Enhanced Local Mode licenses (E-Delivery) (Cisco Item No.L-WIPS-ELM-100AP) or equal
Latest version of Cisco Prime Infrastructure
C.3. SERVICES
In addition to the products identified above, the Court requires thefollowing installation and configuration services:
A. Upgrade the Court’s currently operational Prime Infrastructure to thelatest version.
B. Install the hardware described in Section C.2 (Products) into Court-provided racks.
C. Integrate the hardware and software as described in Section C.2(Products) with the Court’s Prime Infrastructure and network devices.
The above-listed services should be performed in phases as described below. Allwork is to be performed during normal business hours (8:00 AM to 4:30 PM). The Tax Court requires that the services described in this section must becompleted no later than 45 (forty-five) days after contract award.
Phase I: Upgrading of Cisco Prime Infrastructure
The Contractor is required to upgrade the Court’s currently operationalPrime Infrastructure to the latest version. The Court’s current version of CiscoPrime Infrastructure (CPI) is 2.0.0.0.294 and is installed on a Cisco appliance. The latest version (as of December 2014) is 2.2.0.0.158-1. Upon completion, allof Court’s network devices should be running the latest OIS version of CiscoPrime.
C-2
Contractor shall take all necessary steps to ensure current data andfunctionality is not lost during the upgrade process. The Court expects that theupgrade will consist of the following steps:
(1) Contractor will load latest version of Prime Infrastructure onto the currentproduction appliance and verify that there is no loss of functionality or data.
(2) Contractor will update CPI image database to latest versions of Court’sswitches, routers, WAPs, WLCs, and ASAs, then push these updates out tothe devices.
(3) Contractor will load latest Cisco IOS images on all network devices whiletaking steps to ensure that devices will come back online in fullyoperational state. The current network device count is as follows:
a. Wireless Access Points 65b. Switches 38c. Routers 38d. Wireless LAN Controllers 2e. ASA 2
All of the work required by Phase I will be performed at the Tax Courthouse inWashington, D.C. and shall be completed before the related integration activitiesto be performed in Phase Two.
Phase II: Integration of Mobility Services Engines (MSE) and WirelessIntrusion Prevention Systems (WIPS) with Prime Infrastructure
Contractor will be required to install the hardware as described in SectionC.2 (Products) into Court-provided racks, and integrate the hardware and softwareas described in Section C.2 (Products) with the Court’s upgraded PrimeInfrastructure. Upon completion, this will provide the Court with redundantMobility Services Engines (MSE) with a wireless intrusion prevention system(WIPS) that has been integrated with the latest version of Prime Infrastructure andnetwork devices.
C-3
Contractor will use the Cisco Connected Mobile Experiences ConfigurationGuide Release 8.0 and Cisco Wireless Intrusion Prevention System ConfigurationGuide, Release 8.0 for general guidelines. The Contractor will adapt theseguidelines as needed to support the operational environment of the Court’snetwork infrastructure.
Most of the installation and configuration work required by Phase II will beperformed at the Tax Courthouse in Washington, D.C. However, the Contractorwill be required to travel to the Court’s disaster recovery site that is located inHagerstown, Maryland (approximately 77 miles from the Tax Courthouse) toinstall the requisite equipment. The systems will be connected over a MetroEthernet (10 Mbps) between the Tax Courthouse in Washington, DC, and disasterrecovery site. All related network infrastructure is currently operational at thedisaster recovery site.
C.4. FUNCTIONAL REQUIREMENTS
Upon completion, the Court requires the resulting “enhanced securityplatform” to provide the following minimum functions:
(1) Be deployed in a high-availability mode through the use of a physicalappliance.
(2) Be able to capture and consolidate radio frequency interferencesources and then remediate the issue without negatively impacting theperformance of connected mobile devices.
(3) Integrate location information with Microsoft Active Directory-basedapplications and resources.
(4) Support multiple authentication methods, including Microsoft ActiveDirectory-based roles, and userids, MAC address, guest profiles, andFacebook authentication.
(5) Detect and actively protect the wireless network from penetration attacks, rogue wireless devices, denial-of-service attacks, and otherwireless threats.
C-4
(6) Track and locate Wi-Fi devices that are not connected to the wirelessnetwork.
(7) Support the creation of geo-fenced or zone-based alerts.
(8) Display system wide interferer details and correlation.
(9) Visualize interferer zone of impact.
(10) Triangulate signal strength that will be used to determine the locationof a Wi-Fi device using probing signals or data packets emanatingfrom a client device.
(11) Allow management of physical appliances through SNMP v1, v2c,and v3.
(12) Support programming interfaces REST and SOAP/XML APIs.
The resulting appliances must support VMWare ESX\ESXi Version4.1\5.0\5.1\5.5 or higher, Xen server version 6.1 or higher, and Hyper-V version2008\2012 or higher.
C-5
PART I
SECTION D
PACKAGING AND MARKING
CLAUSE(S) INCORPORATED BY REFERENCE
Clause 2-45 Packaging and Marking
[This space intentionally blank.]
D-1
PART I
SECTION E
INSPECTION AND ACCEPTANCE
CLAUSES INCORPORATED BY REFERENCE
Clause 2-5A Inspection of Products
Clause 2-5B Inspection of Services
Clause 2-10 Responsibility of Products
Clause 5-10 Inspection of Professional Services
[This space intentionally blank.]
E-1
PART I
SECTION F
DELIVERY AND PERFORMANCE
F.1. DELIVERY TERMS AND DATE FOR PERFORMANCE
Delivery of the products identified shall be FOB destination. Time is of theessence.
The Court hopes to make an award by March 2, 2015, or as soon aspracticable thereafter. All items must be delivered as soon as practicable andno later than 30 (thirty) days after contract award. The Tax Court requiresthat the services identified in Section C.3 (Services) must be completed nolater than 45 (forty-five) days after contract award.
F.2. PLACE OF DELIVERY
Deliveries should be made to: United States Tax Court 400 2nd Street N.W.Washington, D.C. 20217
Delivery hours are 8:00 a.m. to 4:00 p.m.Please call Facilities at 202.521.4677 to coordinate delivery.
F.3. LIQUIDATED DAMAGES
Clause 2-75, Liquidated Damages
(a) If the contractor fails to complete delivery of the products, or performance ofthe services within the time specified in this contract, or any extension, thecontractor shall, in place of actual damages, pay to the judiciary $1,000.00 forliquidated damages as agreed for each calendar day of delay.
(b) Alternatively, if completion of delivery or performance is delayed beyond thecontract dates, the judiciary may, at its sole discretion, terminate this contractin whole or in part under the Termination for Default clause, and thecontractor shall be liable for the agreed liquidated damages accruing until thetime the judiciary may reasonably obtain delivery or performance of similar
F-1
products or services. The liquidated damages will be in addition to excesscosts of re-procurement.
(c) The contractor will not be charged with liquidated damages when the delay incompletion of delivery or performance arises out of causes beyond the controland without the fault or negligence of the contractor.
F.4. ADDITIONAL CLAUSES
Clause 2-25A Delivery Terms and Contractor’s Responsibilities
Clause 2-35 F.o.b. Destination, Within Court’s Premises
Clause 2-60 Stop-Work Order
Clause 7-200 Tax Court Delay of Work
[This space intentionally blank.]
F-2
PART I
SECTION G
CONTRACT ADMINISTRATION DATA
G.1 CONTRACT ADMINISTRATION OFFICE
This contract will be administered by (see Clause 7-1, ContractAdministration):
Robert Di Trolio, Clerk of the CourtUnited States Tax Court400 Second Street, N.W.Washington, D.C. 20217
G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)
The Contracting Officer’s Representative (COR) for this contract is (seeClause 7-5, Contracting Officer’s Representative):
Scott Goodrick (COR)United States Tax Court400 Second Street, N.W.Washington, D.C. 20217
G.3 CONTRACTOR REPRESENTATIVE
Clause 7-10, Contractor Representative
(a) The contractor’s representative to be contacted for all contract administrationmatters is as follows (contractor complete the information):
Name: ___________________________________Address: _________________________________Telephone: _______________________________ E-mail: __________________________________ Fax: _____________________________________
(b) The contractor’s representative shall act as the central point of contact with
G-1
the Tax Court, shall be responsible for all contract administration issuesrelative to this contract, and shall have full authority to act for and legallybind the contractor on all such issues.
G.4 ADDITIONAL CLAUSES
Clause 6-20 Insurance – Work On or Within a Tax Court Facility
(a) The contractor shall, at its own expense, provide and maintain during theentire performance of this contract, at least the following kinds and minimumamounts of insurance:
(1) Workman’s Compensation and Employee’s Liability Insurance
The contractor shall comply with applicable federal and state workers’compensation and occupational disease statutes. If occupationaldiseases are not compensable under those statutes, they shall becovered under the employer’s liability section of the insurance policy. Employer’s liability coverage of at least $100,000 per incident isrequired.
(2) Automobile Liability Insurance
The contractor shall have coverage at a minimum of $200,000 perperson; $500,000 per occurrence for bodily injury; and $20,000 peroccurrence for property damage.
(3) General Liability Insurance
The contractor shall have coverage at a minimum of $200,000 perperson and $500,000 per occurrence for death or bodily injury and$20,000 per occurrence for property damage.
(4) Self-Insurance
If the contractor has been approved to provide a qualified program ofself insurance, the contractor must submit any proposed changes to theprogram to the contracting officer for approval.
G-2
(b) Prior to beginning performance under this contract, the contractor shallprovide the insurance carrier certification of the above minimum amounts.
(c) The maintenance of insurance coverage as required by this clause is acontinuing obligation, and the lapse or termination of insurance coveragewithout replacement coverage being obtained will be grounds for terminationfor default.
(d) The certification evidencing required insurance shall contain an endorsementto the effect that any cancellation or any material change adversely affectingthe Tax Court’s interest shall not be effective: (1) for such period as the lawsof the state in which this contract is to be performed prescribe; or (2) until 30days after the insurer or the contractor gives written notice to the contractingofficer, whichever period is longer.
(e) The contractor shall insert the substance of this clause, including thisparagraph (e), in subcontracts under this contract that require work in a TaxCourt facility and shall require subcontractors to provide and maintain therequired insurance. The contractor shall maintain a copy of allsubcontractors’ proofs of required insurance, and shall make copies availableto the contracting officer upon request.
Clause 7-1 Contract Administration
Clause 7-5 Contracting Officer’s Representative
Clause 7-125 Invoices
G-3
PART I
SECTION H
SPECIAL CONTRACT REQUIREMENTS
CLAUSE(S) INCORPORATED BY REFERENCE
Clause 1-1 Employment by the Government
Clause 7-45 Travel
The Contractor will be required to travel to the Court’s disaster recovery sitethat is located in Hagerstown, Maryland to install the requisite equipment. Travel costs will not be allowed.
Clause 7-55 Contractor Use of Tax Court Networks
[This space intentionally blank.]
H-1
PART II
SECTION I
ADDITIONAL CONTRACT CLAUSES
Clause B-5 Clauses Incorporated by Reference
This contract incorporates one or more clauses by reference, with the sameforce and effect as if they were given in full text. Upon request, thecontracting officer will make their full text available. Also, the full text of aclause may be accessed electronically at this address:http://www.uscourts.gov/procurement.aspx.
Clause 1-5 Conflict of Interest
Clause 1-10 Gratuities or Gifts
Clause 1-15 Disclosure of Contractor Information to the Public
Clause 2-20A Incorporation of Warranty
Clause 2-20C Warranty of Services
(a) Definition. “Acceptance,” as used in this clause, means the act of anauthorized representative of the Tax Court by which the Tax Court assumesfor itself, or as an agent of another, approves specific services, as partial orcomplete performance of the contract.
(b) Notwithstanding inspection and acceptance by the Tax Court or anyprovision concerning the conclusiveness thereof, the contractor warrantsthat all services performed under this contract will, at the time ofacceptance, be free from defects in workmanship and conform to therequirements of this contract. The contracting officer will give writtennotice of any defect or nonconformance to the contractor within 10 daysfrom the date of acceptance by the Tax Court. This notice will state either
(1) that the contractor shall correct or re-perform any defective or nonconforming services; or
I-1
(2) that the Tax Court does not require correction or re-performance.
(c) If the contractor is required to correct or re-perform, it shall be at no cost tothe Tax Court, and any services corrected or re-performed by the contractorshall be subject to this clause to the same extent as work initially performed.If the contractor fails or refuses to correct or re-perform, the contractingofficer may, by contract or otherwise, correct or replace with similarservices and charge to the contractor the cost occasioned to the Tax Courtthereby, or make an equitable adjustment in the contract price.
(d) If the Tax Court does not require correction or re-performance, thecontracting officer will make an equitable adjustment in the contract price.
Clause 2-50 Continuity of Services
Clause 2-55 Privacy or Security Safeguards
Clause 2-95 Material Requirements
Clause 2-140 Tax Court IT Security Standards
Clause 3-25 Protecting the Tax Court’s Interest When Subcontracting with Contractors Debarred, Suspended, orProposed for Debarment
Clause 3-35 Covenant Against Contingent Fees
Clause 3-40 Restrictions on Subcontractor Sales to the Tax Court
Clause 3-45 Anti-Kickback Procedures
Clause 3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
Clause 3-55 Price or Fee Adjustment for Illegal or Improper Activity
I-2
Clause 3-105 Audit and Records
Clause 3-120 Order of Precedence
Clause 3-140 Notice to the Tax Court of Labor Disputes
Clause 3-205 Protest After Award
Clause 4-5 Ordering
Clause 5-5 Nondisclosure (Professional Services)
Clause 5-20 Records Ownership
Clause 6-40 Federal, State, and Local Taxes
Clause 6-60 Rights in Data (General)
Clause 6-65 Rights in Data--Special Works
Clause 6-70 Work for Hire
Clause 7-15 Observance of Regulations/Standards of Conduct
Clause 7-20 Security Requirements
Clause 7-25 Indemnification
Clause 7-30 Public Use of the Name of the Tax Court
Clause 7-35 Disclosure or Use of Information
Clause 7-40 Tax Court-Contractor Relationships
Clause 7-65 Protection of Tax Court’s Buildings, Equipment, and Vegetation
I-3
Clause 7-75 Subcontracts
(a) Definitions. As used in this clause:
“Approved Purchasing System” means a contractor’s purchasing system thathas been reviewed and approved in writing.
“Consent to Subcontract” means the contracting officer’s written consentfor the contractor to enter into a particular subcontract.
“Subcontract” means any contract entered into by a subcontractor to furnishproducts or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes andmodifications to purchase orders.
(b) This clause does not apply to subcontracts for special test equipment.
(c) When this clause is included in a fixed-price type contract, consent tosubcontract is required only on unpriced contract actions (includingunpriced modifications or unpriced purchase/delivery/task orders), and onlyif required in accordance with paragraph (d) or (e) of this clause.
(d) If the contractor does not have a written approved purchasing system,consent to subcontract is required for any subcontract that:
(1) is of the cost-reimbursement, time-and-materials, or labor-hour type;or
(2) is fixed price and exceeds either the Tax Court’s small purchasethreshold or five percent of the total estimated cost of the contract.
(e) If the contractor has a written approved purchasing system, the contractornevertheless shall obtain the contracting officer’s written consent beforeplacing the following contracts:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
I-4
(f) (1) The contractor shall notify the contracting officer reasonably inadvance of placing any subcontract or modification thereof for whichconsent is required under paragraph (c), (d), or (e) of this clause,including the following information:
(i) a description of the products or services to be subcontracted; (ii) identification of the type of subcontract to be used; (iii) identification of the proposed subcontractor; (iv) the proposed subcontract price; (v) the subcontractor’s detailed cost information, if required by
other contract provisions; (vi) a negotiation memorandum reflecting:
(A) the principal elements of the subcontract pricenegotiations;
(B) the most significant considerations controlling establishment of initial or revised prices;
(C) the reason detailed cost information was or was notrequired;
(D) the extent, if any, to which the contractor did not rely onthe subcontractor’s detailed cost information indetermining the price objective and in negotiating thefinal price;
(E) the extent to which it was recognized in the negotiationthat the subcontractor’s detailed cost information was notaccurate, complete, or current; the action taken by thecontractor and the subcontractor; and the effect of anysuch defective cost information on the total pricenegotiated;
(F) the reasons for any significant difference between thecontractor’s price objective and the price negotiated; and
(G) a complete explanation of the incentive fee or profit planwhen incentives are used. The explanation shall identifyeach critical performance element, managementdecisions used to quantify each incentive element,reasons for the incentives, and a summary of all trade-offpossibilities considered.
I-5
(2) If the contractor has a written approved purchasing system andconsent is not required under paragraph (c), (d), or (e) of this clause,the contractor nevertheless shall notify the contracting officerreasonably in advance of entering into any (i) cost-plus-fixed-feesubcontract, or (ii) fixed-price subcontract that exceeds either thesmall purchases threshold or five percent of the total estimated cost ofthis contract. The notification shall include the information requiredby paragraphs (f)(1)(i) through (f)(1)(iv) of this clause.
(g) Unless the consent or approval specifically provides otherwise, neitherconsent by the contracting officer to any subcontract nor approval of thecontractor’s purchasing system will constitute a determination:
(1) of the acceptability of any subcontract terms or conditions;(2) of the allowability of any cost under this contract; or(3) to relieve the contractor of any responsibility for performing this
contract.
(h) No subcontract or modification thereof placed under this contract shallprovide for payment on a cost-plus-a-percentage-of-cost basis, or any feepayable under cost-reimbursement type subcontracts will not exceed the feelimitations.
(i) The contractor shall give the contracting officer immediate written notice ofany action or suit filed and prompt notice of any claim made against thecontractor by any subcontractor or vendor that, in the opinion of thecontractor, may result in litigation related in any way to this contract, withrespect to which the contractor may be entitled to reimbursement from theTax Court.
(j) The Tax Court reserves the right to review the contractor’s purchasingsystem.
Clause 7-85 Examination of Records
Clause 7-100A Limitation of Liability (Products)
I-6
Clause 7-100B Limitation of Liability (Services)
Clause 7-110 Bankruptcy
Clause 7-130 Interest (Prompt Payment)
Clause 7-135 Payments
Clause 7-140 Discounts for Prompt Payment
Clause 7-150 Extras
Clause 7-175 Assignment of Claims
Clause 7-185 Changes
Clause 7-195 Excusable Delay
Clause 7-215 Notification of Ownership Changes
Clause 7-220 Termination for Convenience of the Tax Court (FixedPrice)
Clause 7-230 Termination for Default (Fixed Price – Products andServices)
Clause 7-235 Disputes
I-7
PART III
SECTION J
LIST OF ATTACHMENTS
NOT APPLICABLE
[This space intentionally blank.]
J-1
PART IV
SECTION K
REPRESENTATIONS, CERTIFICATIONS
AND OTHER STATEMENTS OF OFFEROR
The provisions listed in this section include blocks that must be completed by theofferor and submitted with its offer.
K.1. PROVISION 3-5: TAXPAYER IDENTIFICATION AND OTHER OFFEROR INFORMATION
(a) Definition.
“Taxpayer Identification (TIN),” as used in this provision, means thenumber required by the Internal Revenue Service (IRS) to be used bythe offeror in reporting income tax and other returns. The TIN maybe either a social security number or an employer identificationnumber.
(b) All offerors shall submit the information required in paragraphs (d) and (e)of this provision to comply with debt collection requirements of 31 U.S.C.§§ 7701(c) and 3325(d), reporting requirements of 26 U.S.C. §§ 6041,6041A, and implementing regulations issued by the IRS. If the resultingcontract is subject to the payment reporting requirements, the failure orrefusal by the offeror to furnish the information may result in a 31 percentreduction of payments otherwise due under the contract.
(c) The TIN may be used by the government to collect and report on anydelinquent amounts arising out of the offeror’s relationship with thegovernment (31 U.S.C. § 7701(c)(3)). If the resulting contract is subject topayment recording requirements, the TIN provided hereunder may bematched with IRS records to verify the accuracy of the offeror’s TIN.
(d) Taxpayer Identification Number (TIN): _________________________ [] TIN has been applied for.[] TIN is not required, because: [] Offeror is a nonresident alien, foreign
K-1
corporation or foreign partnership that does nothave income effectively connected with the conduct of a trade or business in the United Statesand does not have an office or place of business ora fiscal paying agent in the United States;[] Offeror is an agency or instrumentality of a foreign government;[] Offeror is an agency or instrumentality of the federal government.
(e) Type of Organization: [] sole proprietorship;[] partnership;[] corporate entity (not tax-exempt);[] corporate entity (tax-exempt);[] government entity (federal, state or local);[] foreign government; [] international organization per 26 CFR 1.6049-4;[] other
(f) Contractor representations. The offeror represents as part of its offer that it is [___], is not [___]51% owned and the management and daily operations are controlledby one or more members of the selected socio-economic group(s)below:
[] Women Owned Business[] Minority Owned Business (if selected then onesub-type is required) [] Black American Owned[] Hispanic American Owned[] Native American Owned (American Indians,Eskimos, Aleuts, or Native Hawaiians)[] Asian-Pacific American Owned (persons withorigins from Burma, Thailand, Malaysia,Indonesia, Singapore, Brunei, Japan, China,Taiwan, Laos, Cambodia (Kampuchea), Vietnam,Korea, The Philippines, U.S. Trust Territory of thePacific Islands (Republic of Palau), Republic ofthe Marshall Islands, Federated States of
K-2
Micronesia, the Commonwealth of the NorthernMariana Islands, Guam, Samoa, Macao, HongKong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)[] Subcontinent Asian (Asian-Indian) AmericanOwned (persons with origins from India, Pakistan,Bangladesh, Sri Lanka, Bhutan, the MaldivesIslands, or Nepal)[] Individual/concern, other than one of the preceding.
K.2. PROVISION 3-20: CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PROPOSED DEBARMENT, AND OTHERRESPONSIBILITY MATTERS
(a) (1) The offeror certifies, to the best of its knowledge and belief, that:
(i) the offeror and/or any of its principals:
(A) are ___ are not ___ presently debarred, suspended, proposedfor debarment, or declared ineligible for the award of contractsby any federal agency;
(B) have ___ have not ___, within the three-year period precedingthis offer, been convicted of or had a civil judgment renderedagainst them for: commission of fraud or a criminal offense inconnection with obtaining, attempting to obtain, or performinga public (federal, state, or local) contract or subcontract;violation of federal or state antitrust statutes relating to thesubmission of offers; or commission of embezzlement, theft,forgery, bribery, falsification or destruction of records, makingfalse statements, tax evasion, violating federal criminal taxlaws, or receiving stolen property;
(C) are ___ are not ___ presently indicted for, or otherwisecriminally or civilly charged by a governmental entity with,commission of any of the offenses enumerated in paragraph(a)(1)(i)(B) of this provision;
K-3
(D) have ___, have not ___, within a three-year period precedingthis offer, been notified of any delinquent federal taxes in anamount that exceeds $3,000 for which the liability remainsunsatisfied.
(1) Federal taxes are considered delinquent if both of thefollowing criteria apply:
(i) The tax liability is finally determined. The liability isfinally determined if it has been assessed. A liability isnot finally determined if there is a pendingadministrative or judicial challenge. In the case of ajudicial challenge to the liability, the liability is notfinally determined until all judicial appeal rights havebeen exhausted.
(ii) The taxpayer is delinquent in making payment. Ataxpayer is delinquent if the taxpayer has failed to paythe tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforcedcollection action is precluded.
(2) Examples.
(i) The taxpayer has received a statutory notice ofdeficiency, under I.R.C. § 6212, which entitles thetaxpayer to seek Tax Court review of a proposedtax deficiency. This is not a delinquent taxbecause it is not a final tax liability. Should thetaxpayer seek Tax Court review, this will not be afinal tax liability until the taxpayer has exercisedall judicial appeal rights.
(ii) The IRS has filed a notice of federal tax lien withrespect to an assessed tax liability, and thetaxpayer has been issued a notice under I.R.C.§ 6320 entitling the taxpayer to request a hearingwith the IRS Office of Appeals contesting the lien
K-4
filing, and to further appeal to the Tax Court if theIRS determines to sustain the lien filing. In thecourse of the hearing, the taxpayer is entitled tocontest the underlying tax liability because thetaxpayer has had no prior opportunity to contestthe liability. This is not a delinquent tax because itis not a final tax liability. Should the taxpayer seekTax Court review, this will not be a final taxliability until the taxpayer has exercised alljudicial appeal rights.
(iii) The taxpayer has entered into an installmentagreement pursuant to I.R.C. § 6159. The taxpayeris making timely payments and is in fullcompliance with the agreement terms. Thetaxpayer is not delinquent because the taxpayer isnot currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforcedcollection action is stayed under 11 U.S.C. 362.
(ii) The offeror ____ has ____ has not, within a three-year periodpreceding this offer, had one or more contracts terminated for defaultby any federal agency.
(2) “Principal,” for the purposes of this certification, means an officer;director; owner; partner or a person having primary management orsupervisory responsibilities within a business entity (e.g., generalmanager; plant manager; head of a division, or business segment, andsimilar positions).
This certification concerns a matter within the jurisdiction of anagency of the United States and the making of a false, fictitious, orfraudulent certification may render the maker subject to prosecutionunder 18 U.S.C. Sec. 1001.
K-5
(b) The offeror shall provide immediate written notice to the contracting officerif, at any time prior to contract award, the offeror learns that its certificationwas erroneous when submitted or has become erroneous by reason ofchanged circumstances.
(c) A certification that any of the items in paragraph (a) of this provision existswill not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with adetermination of the offeror’s responsibility. Failure of the offeror tofurnish a certification or provide such additional information as requestedby the contracting officer may render the offeror nonresponsible.
(d) Nothing contained in the foregoing will be construed to requireestablishment of a system of records in order to render, in good faith, thecertification required by paragraph (a) of this provision. The knowledgeand information of an offeror is not required to exceed that which isnormally possessed by a prudent person in the ordinary course of businessdealings.
(e) The certification in paragraph (a) of this provision is a materialrepresentation of fact upon which reliance was placed when making award. If it is later determined that the offeror knowingly rendered an erroneouscertification, in addition to other remedies available to the Tax Court, thecontracting officer may terminate the contract resulting from thissolicitation for default.
K.3. PROVISION 3-30: CERTIFICATE OF INDEPENDENT PRICE DETERMINATION
(a) The offeror certifies that:
(1) the prices in this offer have been arrived at independently, without,for the purpose of restricting competition, any consultation,communication, or agreement, with any other offeror or with anycompetitor relating to: (A) those prices;
(B) the intention to submit an offer; or(C) the methods or factors used to calculate the prices offered.
K-6
(2) The prices in this offer have not been and will not be knowinglydisclosed by the offeror, directly or indirectly, to any other offeror orcontract award unless otherwise required by law; and
(3) no attempt has been made or will be made by the offeror to induceany other concern to submit or not to submit an offer for the purposeof restricting competition.
(b) Each signature on the offer is considered to be a certification by thesignatory that the signatory –
(1) is the person in the offeror’s organization responsible for determiningthe prices in this offer, and that the signatory has not participated, andwill not participate, in any action contrary to paragraphs (a)(1)through (a)(3) of this provision; or
(2) (i) has been authorized, in writing, to act as agent for thefollowing principals in certifying that those principals have notparticipated, and will not participate, in any action contrary toparagraphs (a)(1) through (a)(3) of this provision________________________ (insert full name of person(s) inthe offeror’s organization responsible for determining theprices in this offer, and the title of his or her position in theofferor’s organization);
(ii) as an authorized agent, does certify that the principals named insubdivision (b)(2)(i) of this provision; have not participated,and will not participate, in any action contrary to paragraphs(a)(1) through (a)(3) of this provision; and
(iii) as an agent, has not personally participated, and will notparticipate, in any action contrary to paragraphs (a)(1) through(a)(3) of this provision.
(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, theofferor shall furnish with its offer a signed statement setting forth in detailthe circumstances of the disclosure.
K-7
K.4. PROVISION 3-130: AUTHORIZED NEGOTIATORS
The offeror represents that the allowing persons are authorized to negotiate on itsbehalf with the Tax Court in connection with this solicitation (offeror lists names,titles, and telephone numbers of the authorized negotiators).
Name: __________________________________________Title: _________________________Telephone: ____________________Fax: _________________________Email: ________________________
K.5. ADDITIONAL PROVISIONS
Provision 3-15 Place of Performance
[This space intentionally blank.]
K-8
SECTION L
INSTRUCTIONS, CONDITIONS, NOTICES TO OFFERORS
L.1. PROVISION 4-1: TYPE OF CONTRACT
The Tax Court plans to award a fixed-price type of contract under this solicitation,and all offers shall be submitted on this basis. Alternate offers based on othercontract types will not be considered.
L.2 OFFERS
(A) All offers must clearly demonstrate that the offeror has a thoroughunderstanding of all of the requirements as outlined in Part I, Section C, and isable, willing, and competent to devote the resources necessary to meet thespecified requirements. Offers must also demonstrate the offeror’s ability to timelysupply the required products identified in Part I, Section C and to manage a time-sensitive, mission-critical technical project while mitigating risk and maintaining aprofessional performance. Offers must show the extent to which the Contractor’semployees are Cisco-certified and may also include resumes of key personneland/or individuals who will provide the services requested. Offers may include nomore than five (5) past performance descriptions and references with respect toprojects undertaken within the past three (3) years that are similar in scope, size,and complexity to the work described herein. (B) Offers must be received by the U.S. Tax Court on or before 5:00 p.m. ESTon February 25, 2015. Offers may be sent via electronic mail [email protected]. Offers may also be mailed to the Office ofInformation Systems, U.S. Tax Court, 400 2nd Street NW, Washington DC 20217. Note that mail sent through the United States Postal Service to Federal buildingsmay be delayed due to special screening procedures.
(C) Modification, Revisions, and Withdrawal of Offers
(1) Offers may be withdrawn by written notice received at any time beforeaward. Withdrawals are effective upon receipt of notice by the contractingofficer.
L-1
(2) Offerors may submit modifications to their offers at any time before thesolicitation closing date and time, and may submit modifications in responseto an amendment, or to correct a mistake at any time before award.
(3) Offerors may submit revised offers only if requested or allowed by thecontracting officer.
(D) Restriction on Disclosure and Use of Data
Offerors that include in their offers data that they do not want disclosed tothe public for any purpose, or used by the Tax Court except for evaluationpurposes, shall:
(1) mark the title page with the following legend:
This offer includes data that shall not be disclosedoutside the Tax Court and shall not be duplicated, used,or disclosed-in whole or in part-for any purpose otherthan to evaluate this offer. If, however, a contract isawarded to this offeror as a result of-or in connectionwith-the submission of this data, the Tax Court shallhave the right to duplicate, use, or disclose the data tothe extent provided in the resulting contract. Thisrestriction does not limit the Tax Court’s right to useinformation contained in this data if it is obtained fromanother source without restriction. The data subject tothis restriction are contained in sheets [insert numbers orother identification of sheets];
and
(2) mark each sheet of data it wishes to restrict with the followinglegend:
Use or disclosure of data contained on this sheet issubject to the restriction on the title page of this offer.
L-2
L.3. LATE OFFERS
Offerors are responsible for submitting proposals, and any modifications orrevisions, so as to reach the Tax Court by 5:00 p.m. EST on February 25, 2015, astime is of the essence. Any offer received after the deadline is “late” and will notbe considered unless it is received before an award is made and the contractingofficer determines that accepting the late offer for consideration would not undulydelay the acquisition.
L.4. AWARD
A written award or acceptance of offer mailed or otherwise furnished to thesuccessful offeror within the time specified in the offer shall result in a bindingcontract without further action by either party.
L.5. OTHER CONSIDERATIONS
The Court intends to award a contract resulting from this solicitation to theresponsible offeror whose proposal represents the best value after evaluation inaccordance with the factors listed in the solicitation.
The Court intends to evaluate proposals and award a contract withoutdiscussions with offererors and therefore the offeror’s initial proposal shouldcontain the best terms from the offeror’s standpoint. However, the Court reservesthe right to conduct discussions if the Contracting Officer determines them to benecessary.
The Court may waive informalities and minor irregularities in proposalsreceived, and it may reject any or all proposals if such action is in the Court’sinterest.
L.6. ADDITIONAL PROVISIONS
Provision B-1 Solicitation Provisions Incorporated by Reference
This solicitation incorporates one or more solicitation provisions by reference,with the same force and effect as if they were given in full text. Upon request, thecontracting officer will make their full text available. The offeror is cautioned that
L-3
the listed provisions may include blocks that must be completed by the offeror andsubmitted with its quotation or offer. In lieu of submitting the full text of thoseprovisions, the offeror may identify the provision by paragraph identifier andprovide the appropriate information with its quotation or offer. Also, the full textof a solicitation provision may be accessed electronically at this address:http://www.uscourts.gov/procurement.aspx.
Provision 2-15 Warranty Information
Provision 2-70 Site Visit
Provision 3-85 Explanation to Prospective Offerors
Any prospective offeror desiring an explanation or interpretation of the solicitationshall submit such questions via email to [email protected] by 5:00p.m. EST on or before February 20, 2015. Telephone inquiries will not beaccepted. Any information given by the contracting officer to a prospectiveofferor concerning a solicitation will be furnished promptly to all otherprospective offerors as an amendment to the solicitation, if that information isdeemed by the contracting officer to be necessary in submitting offers, or if, in thejudgment of the contracting officer, the lack of it would be prejudicial to any otherprospective offerors. Contact with any other Tax Court official except thecontracting officer, or without the contracting officer’s express consent,concerning this solicitation may result in disqualification of the offeror fromconsideration for award.
Provision 3-95 Preparation of Offers
Provision 3-100 Instructions to Offerors
Provision 3-210 Protests
(a) The protestor has a choice of protest forums. It is the policy of theTax Court to encourage parties first to seek resolution of disputeswith the contracting officer. If the dispute cannot be resolved withthe contracting officer, then it is the policy of the Tax Court toencourage parties to seek a resolution with the Chief Judge of the TaxCourt. However, if a party files a formal protest with an external
L-4
forum on a solicitation on which it has filed a protest with the TaxCourt, the Tax Court protest will be dismissed.
(b) Tax Court protests will be considered only if submitted in accordancewith the following time limits and procedures:
(1) any protest shall be filed in writing with the contracting officerdesignated in the solicitation for resolution of the protest. Itshall identify the solicitation or contract protested and set fortha complete statement of the alleged defects or grounds thatmake the solicitation terms or the award or proposed awarddefective. Mere statement of intent to file a protest is not aprotest.
(2) a protest shall be filed not later than ten (10) calendar daysafter the basis of the protest is known, or should have beenknown. A protest based on alleged improprieties in asolicitation which are apparent prior to the closing date forreceipt of offers, shall be filed prior to the closing date forreceipt of offers. The Tax Court, in its discretion, may considerthe merits of any protest which is not timely filed. The officehours of the Administrative Office are 8:30 a.m. to 5:00 p.m.,EST. Time for filing a document expires at 5:00 p.m., EST, onthe last day on which such filing may be made.
(3) the protest shall include the following information: (i) name, address, and fax and telephone numbers of the
protester or its representative;(ii) solicitation or contract number;(iii) detailed statement of the legal and factual grounds for
the protest, to include a description of resulting allegedprejudice to the protester;
(iv) copies of relevant documents;(v) request for a ruling by the Tax Court;(vi) statement as to the form of relief requested;(vii) all information establishing that the protester is an
interested party for the purpose of filing a protest; and(viii) all information establishing the timeliness of the protest.
L-5
(c) Unless stated otherwise elsewhere in this solicitation, protests that arefiled directly with the Tax Court, and copies of any protests that arefiled with an external forum, shall be served on the contracting officerat the Issuing Office address on the standard form, if any, or asprovided elsewhere in this solicitation. Written and datedacknowledgment of receipt must be obtained from the ContractingOfficer issuing this solicitation, or authorized designee.
(d) The copy of any protest shall be received in the office designatedabove within one day of filing a protest with an external forum.
Provision 7-60 Judiciary-Furnished Property or Services
L-6
SECTION MEVALUATION FACTORS FOR AWARD
Offers must be realistic in both technical approach and total price. Offers that areunrealistic in terms of technical approach or unrealistically low in price will beconsidered indicative of a lack of understanding of the complexity and risk in thecontract requirements. Unrealistic offers will not be considered for award.
The award will be made on a competitive best-value basis, using “tradeoff”between price and non-price factors. The following three factors will beconsidered in the evaluation of offers:
M.1. TECHNICAL SKILL - 40%
Offers will be evaluated based on the extent to which they demonstrate that the offeror has an understanding of the products and services that are required, andthe institutional capability to provide them. Technical capability may bedemonstrated by, among other things:
(1) the offeror’s knowledge and experience regarding the products andservices described herein;
(2) the offeror’s ability to timely supply the required products identified inPart I, Section C and to manage a time-sensitive, mission-critical technical projectwhile mitigating risk and maintaining a professional performance; and
(3) the certifications, qualifications, and resumes of the individuals that theofferor plans to use to provide the services that may be requested.
M.2. PAST PERFORMANCE - 30%
Each offeror’s past performance will be evaluated as part of the Court’soverall evaluation of best value. At a minimum, this evaluation will take intoaccount the extent to which the offer demonstrate that the offeror has experiencesuccessfully and efficiently providing services similar in size, scope andcomplexity to the services requested by the solicitation.
M-1
M.3. PRICE - 30%
Offers will be evaluated based on the total fixed-price submitted by theofferor for all products and services contemplated by this solicitation. While priceis a factor to be considered, it is not the most important factor. All evaluationfactors other than price, when combined, are significantly more important thanprice. The Court may make an award to an offeror that demonstrates superiortechnical skill and past performance, even if such award results in a higher cost tothe Court.
M.4. EVALUATION FACTORS
The evaluation will be based on a complete assessment of each offer. Offers shallbe evaluated on the following three factors, as identified above, weighted asfollows:
Technical Skill - 40%Past Performance - 30%Price - 30%
M.5. ADDITIONAL PROVISIONS
Provision 3-70 Determination of Responsibility
M-2