News Column

Combine Solicitation - Data Network

September 4, 2014



Notice Type: Combine Solicitation

Posted Date: 03-SEP-14

Office Address: United States Tax Court; Facilities Management; Contracts Section; 400 Second Street, N.W., Rm. G-45 Washington DC 20217

Subject: Data Network

Classification Code: D - Information technology services, including telecommunications services

Solicitation Number: 090314

Contact: Richard L. Simms, Procurement Supervisor, Phone 202-521-4668, Fax 202-273-4971, Email rsimms@ustaxcourt.gov - Byron L. Tindall, Senior Purchasing Agent, Phone 202-521-4669, Fax 202-521-4717, Email btindall@ustaxcourt.gov

Setaside: N/AN/A

Place of Performance (address): United States Tax Court400 Second Street N.W.Washington, DC

Place of Performance (zipcode): 20217

Place of Performance Country: US

Description: United States Tax Court

Facilities Management

Contracts Section

PART I SECTION B SERVICES AND COSTS

B.1. INTRODUCTION

The offeror proposes to perform the work described in Section C (Statement of Work) for the fee set forth in Section B.2, on a fixed-rate basis. The successful offeror receiving an award will be required to enter into a formal written contract.

This solicitation incorporates one or more provisions and/or clauses by reference, with the same force and effect as if they were given in full text. The parties agree to abide by the specified provisions and clauses of the Guide to Judiciary Policy, Volume 14: Procurement, formerly known as the Judiciary Procurement Program Procedures. The full text of a provision or clause may be found at Appendix 1B of Volume 14, or accessed electronically at http://www.uscourts.gov/procurement.aspx. Upon request, the Contracting Officer will make their full text available. Hereinafter, all references to the "Judiciary" or the "Administrative Office of the United States Courts" appearing in any provision or clause incorporated by reference shall be deemed to refer to the United States Tax Court. The term "contractor" refers to the successful offeror awarded a contract under this solicitation.

B.2. COST The total fee to be paid upon completion of the project is $________. PART I SECTION C STATEMENT OF WORK

The United States Tax Court is a national court. Tax Court judges travel to and conduct trial sessions in 74 cities throughout the United States. The judges and support staff are headquartered in Washington, D.C. The Court maintains a local area data network (Data Network) which supports approximately 300 computer users. It was first implemented in the early 1990s as a way to provide the Court's Judges and employees access to Blackstone, the Court's customized case and document management system. At the time, the Data Network also provided users with access to email and the ability to share printers and documents within a Judge's chambers or a Court office. The Data Network has grown in complexity over the years and now supports Internet connections, web servers, and a soon-to-be-functioning disaster recovery site. The Data Network hardware platform is almost exclusively running on HP servers using Microsoft Windows 2008 and Cisco switches and routers. The Data Network has, for the past five years, been administered pursuant to a managed services contract scheduled to expire in December 2014.

The Court presently uses employees to service a VoIP network for its telephone and security operations (VoIP Network). The VoIP Network is comprised of a local area network (LAN) in the D.C. headquarters and a wide area network (WAN) to support telephones in 37 remote Court facilities. The VoIP Network runs on Cisco switches and routers separate from the Data Network. The VoIP WAN has evolved from a DSL-based network to a private cloud. All aspects and related components of the Data Network and VoIP LAN/ WAN networks currently operate as two independent networks.

The Court is in the process of obtaining compilations of usage data for both the VoIP Network and Data Network using the WhatsUpGold software program. The Court expects to be able to provide that compiled usage data to the successful offeror as soon as an award is made.

Due to the unmanned nature of the 37 facilities included in the Court's VoIP Network, maintaining operational reliability for that network is an ongoing challenge. Court employees travel to and from these facilities with some regularity to maintain the network hubs. Current Court employee resources are insufficient to sustain the VoIP Network at the reliability level required by the Court.

By this solicitation, the Court seeks a report setting forth and discussing the merits of various options for the Court to obtain the services that are currently being used to maintain the Court's VoIP Network, including alternatives to the Court continuing to use its own employees to support the 37 unmanned sites. The report should include a specific recommendation as to the Court's best option in terms of network reliability, efficiency, and cost. The report should analyze at least the following options:

1. Combining the Data Network and VoIP Network into one network under the administration of a single service provider.

2. Keeping the Data Network and VoIP Network operationally separate with one service provider for the Data Network, and the Court, with additional staff, continuing to administer the VoIP Network.

3. Keeping the Data Network and VoIP Network operationally separate and the Court contracting with two separate service providers for their administration. 4. Keeping the Data Network and VoIP Network operationally separate and the Court contracting with one service provider to administer both of them.

5. Keeping the Data Network and VoIP Network operationally separate and using a third party network connection to support the VoIP Network. PART I SECTION D PACKAGING AND MARKING NOT APPLICABLE PART I SECTION E INSPECTION AND ACCEPTANCE CLAUSES TO BE INCORPORATED BY REFERENCE

Clause 2-5B Inspection of Services.

Clause 20-20C Warranty of Services.

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the judiciary by which the judiciary assumes for itself, or as an agent of another, approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the judiciary or any provision concerning the conclusiveness thereof, the contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The contracting officer will give written notice of any defect or nonconformance to the contractor within 10 days from the date of acceptance by the judiciary. This notice will state either

(1) that the contractor shall correct or re-perform any defective or nonconforming services; or (2) that the judiciary does not require correction or re-performance.

(c) If the contractor is required to correct or re-perform, it shall be at no cost to the judiciary, and any services corrected or re-performed by the contractor shall 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 contracting officer may, by contract or otherwise, correct or replace with similar services and charge to the contractor the cost occasioned to the judiciary thereby, or make an equitable adjustment in the contract price.

(d) If the judiciary does not require correction or re-performance, the contracting officer will make an equitable adjustment in the contract price.

PART I SECTION F PERFORMANCE

F.1. DATE FOR PERFORMANCE

The Tax Court requires that the report described in Part I, Section C, Statement of Work, be delivered to the Tax Court no later than 30 days after contract award. Delivery is to be made to the COTR, see Part I, section G.2., in both electronic (Word or WordPerfect in addition to pdf) and paper format. The Court hopes to make the award by Friday, September 26, 2014, or as soon as practicable thereafter.

F.2. ADDITIONAL CLAUSES TO BE INCORPORATED BY REFERENCE

Clause 2-60 Stop-Work Order.

Clause 3-140 Notice to the Tax Court of Labor Disputes. PART I SECTION G CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION OFFICE

This contract will be administered by:

Robert Di Trolio, Clerk of the Court United States Tax Court 400 Second Street, N.W. Washington, D.C. 20217

G.2. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)

The Contracting Officer's Technical Representative (COTR) for this contract is listed below. See Clause 7-5, Contracting Officer's Technical Representative.

Scott Goodrick (COTR) 202.521.4550 United States Tax Court 400 Second Street, N.W. Washington, D.C. 20217

G.3. OFFEROR'S REPRESENTATIVE AND AUTHORIZED NEGOTIATOR(S)

The offeror represents that the following persons are authorized to negotiate on its behalf with the Tax Court in connection with this solicitation (offeror lists names, titles, and telephone numbers of the authorized negotiators).

Name(s): _______________________________________________

Title(s): _______________________________________________

Tel./Fax: _______________________________________________

E-mail: _______________________________________________

G.4. ADDITIONAL CLAUSES TO BE INCORPORATED BY REFERENCE

Clause 7-1 Contract Administration. PART 1 SECTION H SPECIAL CONTRACT REQUIREMENTS

NOT APPLICABLE PART II SECTION I ADDITIONAL CONTRACT CLAUSES TO BE INCORPORATED BY REFERENCE

Clause 1-1 Employment by the Government. Clause 1-5 Conflict of Interest. Clause 1-10 Gratuities or Gifts. Clause 1-15 Disclosure of Contractor Information to the Public. Clause 2-55 Privacy or Security Safeguards. Clause 2-70 Site Visit. Clause 3-25 Protecting the Court's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. Clause 3-35 Covenant Against Contingent Fees. Clause 3-40 Restrictions on Subcontractor Sales to the 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. Clause 3-105 Audit and Records. Clause 3-120 Order of Precedence. Clause 3-205 Protest After Award. Clause 5-1 Payments under Personal and Professional Services Contracts. Clause 5-5 Nondisclosure (Professional Services). Clause 5-10 Inspection of 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'pecial 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 United States Tax Court. Clause 7-35 Disclosure or Use of Information. Clause 7-40 Judiciary-Contractor Relationships. Clause 7-55 Contractor Use of Judiciary Networks. Clause 7-65 Protection of Court's Buildings, Equipment, Vegetation. Clause 7-85 Examination of Records. Clause 7-100B Limitation of Liability (Services). Clause 7-110 Bankruptcy. Clause 7-125 Invoices. Clause 7-130 Interest (Prompt Payment). Clause 7-135 Payments. Clause 7-140 Discounts for Prompt Payment. Clause 7-150 Extras. Clause 7-185 Changes. Clause 7-195 Excusable Delays. Clause 7-200 Judiciary Delay of Work. Clause 7-210 Payment for Emergency Closures. Clause 7-215 Notification of Ownership Changes. Clause 7-220 Termination for Convenience of the Court (Fixed Price). Clause 7-230 Termination for Default-Fixed Price (Products and Services). Clause 7-235 Disputes.

PART III SECTION J LIST OF ATTACHMENTS

NOT APPLICABLE

PART IV SECTION K REPRESENTATIONS AND CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K.1. PROVISION 3-5: TAXPAYER IDENTIFICATION AND OTHER OFFEROR INFORMATION

(a) Definitions.

"Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its federal income tax returns on a consolidated basis, and of which the offeror is a member.

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

(b) All offerors shall submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. [Section][Section] 7701(c) and 3325(d), reporting requirements of 26 U.S.C. [Section][Section] 6041, 6041A and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

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

(d) Taxpayer Identification Number (TIN): ______________________________ [ ] TIN has been applied for. [ ] TIN is not required, because: [ ] Offeror is a nonresident alien, foreign corporation or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the federal government.

(e) Type of Organization [ ] sole proprietorship; [ ] partnership; [ ] corporate entity (not tax-exempt); [ ] corporate entity (tax-exempt); [ ] government entity (federal, state or local); [ ] foreign government; [ ] international organization per 26 CFR 1.6049-4; [ ] other ________________________.

(f) Common Parent [ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. Name and TIN of common parent Name _______________________ TIN _______________________

(g) Contractor representations. Definitions. As used in this provision-

"Women-owned business concern" means a business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) whose management and daily business operations are controlled by one or more women.

"Minority-owned business concern" means a business concern (1) which is at least 51 percent owned by one or more individuals within one or more of the categories listed below; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more individuals within one or more of the categories listed below; and (2) whose management and daily business operations are controlled by one or more individuals within one or more of the categories listed below: Black American Hispanic American Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians) Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru) Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal) Representations

The offeror represents as part of its offer that it [__] is, [__] is not minority-owned business concern.

The offeror represents as part of its offer that it [__] is, [__]is not a women-owned business concern.

K.2. PROVISION 3-20: CERTIFICATION REGARDING DEBARMENT, SUSPENSIOJ, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY 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, proposed for debarment, or declared ineligible for the award of contracts by any federal agency;

(B) have ___ have not ___, within the three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property;

(C) are ___ are not ___ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

ii. The offeror ___ has ___ has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any federal agency.

(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

(3) This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. [Section] 1001. (b) The offeror shall provide immediate written notice to the contracting officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the offeror's responsibility. Failure of the offeror to furnish a certification or provide such additional information as requested by the contracting officer may render the offeror nonresponsible.

(d) Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the judiciary, the contracting officer may terminate the contract resulting from this solicitation for default.

PART IV SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICE TO OFFERORS

L.1. DATE AND TIME FOR RESPONSES

Submissions are due by 5:00 p.m. EDT on Monday, September 15, 2014. Submissions must be both (1) emailed to procurement@ustaxcourt.gov and (2) delivered in paper format, arriving at the Court or postmarked no later than Monday, September 15, 2014. Late submissions will not be considered.

L.2. ADDITIONAL PROVISIONS

Provision 3-10 Data Universal Numbering System (DUNS) Number.

Provision 3-15 Place of Performance.

Provision 3-60 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

Provision 3-70 Determination of Responsibility.

Provision 3-85 Explanation to Prospective Offerors.

Provision 3-90 Late Submissions, Modifications and Withdrawals of Offers.

Provision 3-95 Preparation of Offers.

Provision 3-100 Instructions to Offeror (N.B.: Section M.1.D., infra).

Provision 3-125 Acknowledgment of Solicitation Amendment.

PART IV SECTION M EVALUATION FACTORS FOR AWARD

M.1. BEST VALUE AWARD

The Tax Court plans to award a fixed price services contract under this solicitation, and all offers shall be submitted on this basis. Alternate offers based on other contract types will not be considered

The contract will be awarded on a best-value basis, using a trade-off between price and non-price factors. Offers will be evaluated on the basis of cost, quality of technical proposal, and past performance.

A. The offeror's proposed pricing will be evaluated for reasonableness, and offers that contain unreasonable prices will not be considered for award. Price will be less important than the quality of the technical proposal and past performance.

B. Technical proposals should clearly and convincingly demonstrate the offeror's experience and ability to perform the analysis and successfully provide the requested report. General statements that the offeror can or will comply with the requirements of any contract awarded, that standard procedures will be used, or mere paraphrases of the statement of work in whole or in part may not be considered responsive to this solicitation.

C. The offeror's past performance and past experience will be evaluated to assess the offeror's ability to successfully perform similar work required by this solicitation. In particular, the offeror's experience will be evaluated to ascertain the breadth of experience as it relates to the requirements of this solicitation. At a minimum, the offeror shall provide descriptions of three (3) previous government or commercial projects/contracts performed within five (5) years of proposal submission. The offeror shall demonstrate that these projects/contracts were for comparable services of a similar size, scope and complexity. References may be called.

D. Any offeror may be asked to make an oral presentation after written submissions have been considered but before award. M.2. PROTESTS

(a) The protestor has a choice of protest forums. It is the policy of the judiciary to encourage parties first to seek resolution of disputes with the contracting officer. If the dispute cannot be resolved with the contracting officer, then it is the policy of the judiciary to encourage parties to seek a judiciary resolution of disputes with the Administrative Office of the United States Courts. However, if a party files a formal protest with an external forum on a solicitation on which it has filed a protest with the judiciary, the judiciary protest will be dismissed.

(b) Judiciary protests will be considered only if submitted in accordance with the following time limits and procedures:

(1) any protest shall be filed in writing with the contracting officer designated in the solicitation for resolution of the protest. It shall identify the solicitation or contract protested and set forth a complete statement of the alleged defects or grounds that make the solicitation terms or the award or proposed award defective. Mere statement of intent to file a protest is not a protest. (2) a protest shall be filed not later than ten (10) calendar days after the basis of the protest is known, or should have been known. A protest based on alleged improprieties in a solicitation which are apparent prior to the closing date for receipt of offers, shall be filed prior to the closing date for receipt of offers. The judiciary, in its discretion, may consider the merits of any protest which is not timely filed. The office hours of the Administrative Office are 8:30 a.m. to 5:00 p.m., eastern time. Time for filing a document expires at 5:00 p.m., eastern time, on the 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 alleged prejudice to the protester; (iv) copies of relevant documents; (v) request for a ruling by the judiciary; (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.

(c) Unless stated otherwise elsewhere in this solicitation, protests that are filed directly with the judiciary, and copies of any protests that are filed with an external forum, shall be served on the contracting officer at the Issuing Office address on the standard form, if any, or elsewhere in this solicitation. Written and dated acknowledgment of receipt must be obtained from the Contracting Officer issuing this solicitation, or authorized designee.

(d) The copy of any protest shall be received in the office designated above within one day of filing a protest with an external forum.

M.3. ADDITIONAL PROVISIONS

Provision 3-30 Certificate of Independent Price Determination.

Link/URL: https://www.fbo.gov/spg/USTC/USTCFM/USTCFMCS/090314/listing.html


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