Justice Management Division...Serving Justice - Securing Results

In the spirit of the Federal Acquisition Streamlining act, the Asset Forfeiture Management Staff and Unisys Corporation entered into a cooperative agreement to further reduce the administrative costs of acquiring commercial items from the General Services Administration (GSA) Federal Supply Schedule Contract GS-35F-0343J and seven other subcontractor GSA/FSS contracts. FSS contract BPAs eliminate contracting and open market costs such as: search for sources; the development of technical documents; solicitations; and the evaluation of bids and offers.

This web site provides procedures for ordering services under the Unisys contract. It details the information which must be submitted to the Asset Forfeiture Management Staff Program Office by Asset Forfeiture Program participants in order to begin the process of acquiring services.

TYPE OF CONTRACT
CONTRACT SCOPE
CONTRACT ADMINISTRATION
ORDERING PROCEDURES
OTHER INFORMATION
UNISYS

POINT OF CONTACT

For further information on this BPA, please contact the Unisys COTR at the following address:

Garland Sharp
US Department of Justice
JMD, Asset Forfeiture Management Staff
20 Massachusetts Avenue NW, Suite 6400
Washington, DC 20530
Telephone: (202)305-7735, Fax: (202)616-8100
Email Address: Garland.S.Sharp@usdoj.gov

TYPE OF CONTRACT

This is a GSA Federal Supply Schedule contract Blanket Purchase Agreement (BPA).
Delivery or Task orders will be issued to define specific work requirements and provide funding.

CONTRACT SCOPE AND STATEMENT OF WORK

The primary purpose of this BPA is to provide support to the Asset Forfeiture Program's Consolidated Asset Tracking System (CATS) through the acquisition of various types of support services such as: help desk operations, engineering services, system development and user support, training, and hardware, as included in the underlying GSA Schedule Contracts. This BPA is available for use to others agencies participating in the Asset Forfeiture Program.

TERM

This BPA is effective from the date of signature through the end of the GSA contract period(s) which are currently as follows:

Contract No.	GSA Contractor Name	Expiration Date
GS-35F-0343J	Unisys Corporation	March 31, 2004
GS-35F-4072D	ASAP Software Express	March 31, 2002
GS-35F-4389G	Comstor	October 22, 2001
GS-35F-5010H	Control Data Corp (CDC)	February 24, 2003
GS-35F-4566G	GMR, Inc. (GMRI)	March 31, 2002
GS-35F-4411G	Learning Tree International	June 30,2002
GS-35F-0140J	New Horizons / Computer Learning Centers, Inc.	December 10, 2003
GS-35F-4251D	SMAC Data Systems	May 19, 2002

If the GSA contract(s) is/are extended beyond that date, OR if a successor GSA contract(s) is/are awarded to the Contractor (or the subcontractors), this BPA may be extended, by mutual written agreement of the parties, through the end of the extension or successor contract period. However, the total duration of this BPA shall not exceed five (5) years from the effective date of award. Contractor performance will be reviewed during annual reviews, the results of which may affect the continued use of this BPA and the awarding of extensions or future BPAs with the Contractor. The Unisys GSA contract must be current in order for the other contracts to be available to DOJ through this BPA. However, the subcontract GSA contract(s) listed may fallout of the BPA (if not extended) without effecting the overall status of the BPA with Unisys or the remaining subcontracts.

ORDERING METHODS

Delivery or Task Orders may be placed against this BPA via Internet means, fax or paper.

8.1 Delivery Orders. The Contractor shall be required to deliver services, equipment or software as specified on the delivery order. "Delivery order(s)" may be placed unilaterally based on the line items and prices contained in the underlying GSA Schedule Contract(s), minus any applicable discounts stated in Section 13 of this BPA. Each delivery order is subject to the underlying GSA Schedule Contract terms and conditions for delivery time and performance.

8.2 Task orders. From time-to-time, the Contractor shall be required to submit a written task order proposal based on a written Statement Of Work (SOW) prepared and forwarded by an authorized Department ordering official(s). The negotiated Task Order(s) resulting from this process will normally be issued on a firm fixed price basis, or when appropriate, on other basis such as time-and-materials or labor hours. Both "completion" and "term" type task orders are authorized when applicable. Each task order will contain the agreed to prices (including any applicable discounts stated in Section 13 of this BPA) and any specific delivery or performance terms and conditions.

Percentage Discounts from GSA Schedule Contract Prices. The principal services of this BPA are the labor hour IT Professional Services (SIN 132-51) from Unisys Corporation, and shall be discounted at 5% from the published Unisys GSA Schedule prices covering the period of time the work will be performed, for the first five Delivery or Task Orders placed during each Government Fiscal Year. For Delivery or Task Orders numbered six and above, the following Unisys 132-51 labor hour discounts shall apply depending on the size of the Delivery or Task order:

5% discount for Orders $4,000,001 or greater;
4% discount for Orders $3,000,001 - $4,000,000;
3% discount for Orders $2,000,001 - $3,000,000;
2% discount for Orders $1,000,001 - $1,000,000; and
1% discount for Orders $0 - $1,000,000.

CONTRACT ADMINISTRATION

NOTE: Customers will maintain direct control over their own projects and will be responsible for taking receipt of any deliverables and paying all task related invoices.

Contracting Officer (CO): The DOJ Contracting Officer has the overall responsibility for the administration of this BPA. Only he/she can amend, modify or deviate from contract terms, conditions, and requirements.

The CO works, as necessary, with the COTR, the Contractor, and AFP participants to ensure that Contractor performance conforms to the terms and conditions as specified in the contract and all task orders issued under the contract.

The CO maintains a file for every task order issued under the contract. The task order file contains a copy of the Statement of Work (SOW), technical and cost proposals submitted by the Contractor, a copy of the task order issued to the Contractor, all task order modifications, monthly progress reports, all task order related documentation, and the customer's evaluation of the Contractor's past performance on the task order at its completion.

The CO for the program is:

Joyce McCoy
US DOJ Justice Management Division
Procurement Services Staff
1331 Pennsylvania Avenue, NW
National Place Building, Suite 1000
Washington, DC 20530
Telephone: (202)307-1972, Fax: (202)307-1933
Email Address: Joyce.B.McCoy@usdoj.gov

Contracting Officer's Technical Representative (COTR): The COTR acts as a liaison between AFP participants, the Contractor, and the Contracting Officer, and coordinates the technical aspects of the contracts.

As necessary, the COTR works with the CO, the Contractor, and AFP participants to ensure that the Contractor's performance conforms to the terms and conditions as specified in the contract and all task orders issued under the contract.

The COTR maintains a file for every task order issued under the contracts in a manner similar to that used by the CO, except that the COTR's file also contains information related to monthly invoice payments and subsequent financial reimbursements from customer organizations. The COTR's file may also contain information related to the Contractor's technical performance activities.

The COTR works very closely with AFP participants and the Contractor to make sure that the AFP participants are satisfied with Contractor performance on each task and that there are no outstanding technical or contractual issues that need to be resolved. The COTR maintains a database that contains information on the status of each task order, the Contractor's expenditures, invoice payments, reimbursements billed to the customer organization, and Contractor past performance.

The COTR for the program is:

Garland S. Sharp
US DOJ, Justice Management Division
Asset Forfeiture Management Staff
20 Massachusetts Avenue NW, Suite 6400
Washington, DC 20530
Telephone: (202)305-7735, Fax: (202)616-8100
Email Address: Garland.S.Sharp@usdoj.gov

When the CO issues an executed (signed) task order which authorizes the Contractor to start working on the task, the Contractor will perform work as described in the SOW of the awarded task order. Contractor performance must conform to all terms and conditions of the contract as well as the task order.

On all task orders, the Contractor must ensure that its personnel do not perform any work which is outside the scope of the SOW, outside the period of performance, and above the authorized budget as stated in the task order. The Contractor will submit monthly progress reports and invoices in a timely manner.

FINANCIAL ADMINISTRATION

Unisys can perform work, submit invoices and be paid only for work that has been authorized by a task order. To initiate a task order, the AFP participating agency first must provide the Contracting Officer with proof that agency funding has been committed to the task.

Obligating Funds: Funds for services to be obtained under a task order are obligated separately for each individual task order. The ACOTR prepares a Requisition/Order for Supplies or Services, Form DOJ-551, to obligate funds for the task, and forwards it to the CO for issuance of a task order.

Paying Contractor Invoices: Each customer Office/Bureau/Division or Agency is responsible for reviewing and certifying invoices for all work performed under this contract. The AFMS will only be responsible for invoices for tasks performed for and managed by the Asset Forfeiture Management Staff.

Electronic Commerce: DOJ intends to use electronic commerce methods to the maximum practical extent in conducting business with Unisys and all customer organizations, including for the following:

To receive Statements of Work (SOWs) from customers;
To issue requests for preparation of technical and cost proposals;
To receive technical and cost proposals from the Contractor;
To receive monthly progress reports and invoices from the Contractor;
To receive customer approval of monthly progress reports, and,
To communicate information among all parties on issuance of task orders and contract/program administration.

OTHER INFORMATION

SECURITY REQUIREMENTS

All services performed under this BPA are subject to the following security requirements:

1. Personnel Escorts. All Contractor personnel visiting any DOJ site must be escorted by DOJ personnel and register with the Security desk if applicable. In the event Contractor personnel are required to remain on-site for extended or indefinite periods of time, and there will be, such personnel will be subject to the formal security clearance application and procedures set forth in (b) below.



2. On-Site Personnel Clearance Procedures, Application, and Related provisions.
   
   See Appendix One to this BPA - Attached.



3. Storage Devices/Media. It may be important for the Contractor to be aware of the following policies. No storage device, e.g., disk drive, magnetic tape, will be released to a maintenance vendor. This includes data dumps that will at any time be in the hands of technicians or others who have not favorably completed security clearance reviews described in paragraph 12(b) above. Any maintenance methodology must take this into consideration. Storage media, e.g. tapes and hard drives, used by the AFMS are never released to maintenance contractors or released as excess property before going through a DOJ authorized degaussing process.

OVERTIME: Overtime is not anticipated as a matter of routine occurence under BPA No.00-F-0274. Therefore, there are no provisions under the BPA that set forth detailed guidance regarding this issue. If a situation arises whereupon overtime is considered as an appropriate option, the Unisys GSA Schedule Contract No. GS-35-F-0343J, upon which the BPA is based, contains provisions addressing the use of overtime.

CONTRACTOR'S TASK ORDER PERFORMANCE EVALUATION: FAR 42.1502 requires Federal agencies to develop a cost-effective way to record and distribute Contractor performance information. In evaluating past performance, factors employed include quality of product or service, timeliness of performance, cost control, business practices, customer agency satisfaction, and key personnel performance.

Pursuant to FAR 42.1503(b), the evaluations must be shared with the Contractor, and the Contractor must be permitted to provide written comments where the Contractor disagrees with the rating.

Appendix One -- On-Site Personnel Clearance Procedures, Application, and Related provisions.

The AFMS has restrictive security requirements for personnel assigned to perform the work under this BPA. It should be noted that the final adjudication of a contractor employee's suitability to meet personnel security requirements is solely that of the AFMS Security Program Manager (SPM). The existence of a "clearance" with another Governmental entity is no guarantee as to acceptability. No Contractor employee will be granted access to National Security Information or granted access to sensitive information unless and until an appropriate background investigation has been conducted and favorably adjudicated. The Contractor shall assure that no Contractor or subcontract employee commences performance hereunder prior to receipt of a written authorization from the COTR.

A. Security Investigation

The Contractor shall assure that all persons utilized in the performance of this BPA shall have submitted to the following required Government performed security investigations prior to assignment hereunder. The intent and purpose of the investigation is to preclude the assignment of any individual who poses a threat to the Government or successful contract completion due to past unlawful or inappropriate behavior. The Contractor shall assure that each prospective contract or subcontract employee furnishes all required data in the form and format determined by the Security Staff or its duly authorized representative. The COTR will notify the Contractor in writing of the results of the investigation.

B. Personnel Security Clearance Requirements - Unclassified Materials

B.1 General.

The Government anticipates that the work to be performed under this contract will involve access to sensitive but unclassified materials (sometimes known as "Limited Official Use") and non-sensitive materials. Sensitive materials may include, but are not limited to: data found within Grand Jury information, informant and witness information, investigative material, tax information, computer systems and information, Privacy Act protected information, and Department of Justice proprietary information. Duplication or disclosure of the data and other information to which the Contractor may have access as a result of this contract is prohibited by Public Law and, in the case of Grand Jury information and tax information, subject to criminal penalties.

In general, services performed by Contractor personnel may fall within three "risk" categories as described below:

High Risk: Those sensitive positions that have the potential for exceptionally serious impact involving duties especially critical to the Department of Justice or a program mission with broad scope of policy or program authority, such as policy development or implementation; higher level management assignments; independent spokespersons or non-management positions with authority for independent action; law enforcement, or significant fiduciary and procurement authority and responsibilities.

Moderate Risk: Those sensitive positions that have the potential for moderate to serious impact involving duties very important to the Department of Justice or program mission with significant program responsibilities and delivery of customer services to the public, such as assistant to policy development and implementation; mid-level management assignments; non-management positions with authority for independent or semi-independent action; or delivery of service positions that demand public confidence or trust.

Low Risk: Those non-sensitive positions that do not fall into any of the above categories.

B.2 Types and number of security clearances required.

• Work performed under this contract will fall within one or more of the risk categories defined above. As a result, the Contractor's personnel must be granted security clearances by the Government at a level commensurate with the risk factor associated with the duties of each position. Prior to award of the contract, the COTR, in consultation with the cognizant SPM, will determine the exact number of clearances required and the level of clearance needed for each Contractor position.
  
  
• During the life of the contract, the Contractor shall ensure that no Contractor or Subcontractor employee commences performance hereunder prior to receipt of a written authorization from the COTR or the SPM.

B.3 Pre-appointment background investigations and waivers.

In order to obtain the requisite number and types of security clearances for Contractor positions, background investigations must be conducted and successfully adjudicated. Where programmatic needs do not permit the Government to wait for completion of the entire background investigation, a pre-appointment background investigation waiver can be granted by the COTR, in consultation with the cognizant SPM. The extent of the background investigation and/or the information needed to waive the background investigation will vary depending upon the Risk Category associated with each position.

B. 4 Required security forms.

As a minimum, the following forms must be completed and submitted by the Contractor for each Contractor or subcontractor employee requiring a security clearance:

1. FD-258 (Applicant Fingerprint Card) - (two sets per applicant)
2. SF-85 (Questionnaire for Non-Sensitive Positions) OR SF-85 P (Questionnaire for Public Trust Positions)
3. INS Form I-9 (Employment Eligibility Verification)
4. Foreign Born or Foreign Citizens Relative Form
5. A statement that the individual has resided in the United States for three out of the five years immediately prior to applying for the position, unless an exception to the residency requirement is requested and approved
6. Verification of U.S. Citizenship

B.5 Procedures for pre-screening applicants and investigation

The Contractor shall be responsible for performing the following pre-screening and investigation duties for all persons proposed for work under this contract who will require a security clearance:

Furnish to each proposed Contractor employee the forms described in paragraph B.4 above and ensure that adequate instructions for completing the forms are provided to each applicant.

Ensure that applicants obtain two (2) complete sets of their fingerprints on the prescribed Form DD-258 from an organization qualified to take fingerprints and approved by the COTR and SPM).

Collect completed forms from each applicant and review all forms for completeness and correctness. Return any incomplete or incorrect form(s) to applicant(s) to be corrected and re-submitted.

Submit completed forms to the COTR.

As directed by the COTR, the Contractor may be required to initiate pre-appointment waivers for certain positions. This may entail performing one or more of the following: credit history checks, or vouchering previous employers.

The Government will be responsible for performing the following pre-screening and investigation duties for all persons proposed for work under this contract who will require a security clearance:

The COTR, in consultation with the SPM, will determine which Contractor employee positions will require clearances and at what risk level.

The COTR will provide the Contractor an adequate supply of forms and instructions for completing the forms.

The COTR will receive from the Contractor all completed security forms. The COTR will coordinate with the cognizant SPM and ensure that these forms are forwarded in accordance with appropriate internal procedures.

The COTR, in coordination with the SPM, will determine whether pre-appointment security clearance waivers will be needed, and if so, which positions will require such waivers. The COTR will notify the Contractor which pre-appointment waivers to initiate.

The SPM will furnish the COTR the results of each proposed Contractor employee's investigation through issuance of a Certificate of Investigation (COI). Upon receipt of the COI and any other pertinent documents from the SPM or the COTR, will determine whether or not each proposed Contractor employee should be granted a security clearance. This decision process is called "adjudication" and will be performed in accordance with current approved DOJ Adjudicative Guidelines.

The COTR will notify the Contractor of the results of background investigations as they are completed and COIs are received. The COTR will notify the Contractor of any applicants who are found ineligible to receive a security clearance so that the Contractor can immediately recruit and initiate paperwork to clear replacement applicants.

C. Security Approval

The Contractor shall assure that no Contractor or subcontract employee commences performance hereunder prior to receipt of a written authorization from the COTR. Permanent placement is dependent upon satisfactory receipt of proper security clearances. No waivers will be granted to Contractor employees who will perform tasks that include temporary custody of property. This contract does not prohibit authorized Contractor or subcontractor personnel from commencing performance pending receipt of final clearance, but this is a decision made by the SPM with the concurrence of the COTR.

C.1 Cost Control

Security investigations are costly to the Government. The Contractor shall take all necessary steps to assure that Contractor or subcontractor personnel who are selected for assignment to this contract are professionally qualified and personally reliable, of reputable background and sound character, and meet all other requirements stipulated herein. The fact that the Government performs security investigations shall not in any manner relieve the Contractor of his responsibility to assure that all personnel furnished are reliable and of reputable background and sound character.

C.2 Monetary Responsibility

Depending on the circumstances, the Contractor may be held monetarily responsible for all reasonable and necessary costs incurred by the Government described as follows:

1. Provide coverage (performance) through assignment of individuals employed by the Government or third parties in those cases where absence of Contractor personnel would cause either a security threat or program disruption.
2. Conduct security investigations in excess of those which would otherwise be required.
3. Security investigations which result in a candidate receiving a clearance, will be conducted at no expense to the Contractor. The Contractor will reimburse the Government for the cost of the security clearance check for each excess candidate who fails the clearance check. Actual reimbursement will be based on the costs incurred for security investigations.

Should the ACO determine that the Contractor has failed to comply with the terms of this paragraph, the Contractor may be held monetarily responsible, as a minimum, for all reasonable and necessary costs incurred by the Government to (a) provide coverage (performance) through assignment of individuals employed by the Government or third parties in those cases where absence of Contractor personnel would cause either a security threat or program disruption and (b) conduct security investigations in excess of those which would otherwise be required.

Nothing in this paragraph shall require the Contractor to bear costs involved in the conduct of security investigations for replacement of an employee who becomes deceased, incapacitated, or severely ill and unable to work for a long period of time.

Nothing in this Section shall require the contractor to bear costs incurred by the Government during the conduct of security investigations for an employee who is found, by the determination of the ACO, to be unacceptable for assignment to this contract for reasons that were beyond the Contractor's capability to strictly comply with the terms of the contract.

C.3 Additional Remedies

Acceptance by the Government of consideration to which the Government may be entitled pursuant to paragraph C.2 above, shall not be construed to establish a course of conduct which will serve to limit the rights and remedies otherwise available to the Government. Under no circumstances shall the Contractor fail to comply with the terms and conditions set forth herein without assuming liability for such failure as may be established pursuant to this Clause. The rights and remedies conferred upon the Government by this paragraph are in addition to all and other rights and remedies specified elsewhere in this contract or established by law.

D. PHYSICAL SECURITY REQUIREMENTS

A favorable background investigation will be required of Contractor personnel before unescorted, recurring access to Government controlled space. Otherwise, contractor personnel must be escorted and observable at all times by Government employees for whom the contractor is providing the service. The Contractor shall be responsible for safeguarding Government information and property under its control.

D.1 Rights of Egress and Ingress

During the life of this BPA, the rights of ingress to and egress from the Government facility for the Contractor's representatives shall be made available as required. During all operations on Government premises, the Contractor's personnel shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The Government reserves the right to require Contractor personnel to "sign-in" upon entry and "sign-out" upon departure from the Government facility.

The Contractor will share most offices with Government personnel. The Contractor will receive COTR approval prior to working in a Government facility when a Government employee is not on-site. This includes weekend and other overtime requirements.

D.2 Building Access Passes

Contract employees shall follow office specific rules for permanent and temporary access to buildings. In most cases, a building access pass will be issued by the Government to the Contractor personnel. Passes shall be subject to periodic review by the Contractor's Supervisor and checked against the employee's personal identification. The Contractor's employees shall present themselves for the issuance of renewed passes when required by the Government as scheduled by the COTR. The Contractor shall notify the COTR when employee passes are lost, and must immediately apply for reissuance of a replacement pass. It is the Contractor's responsibility to return passes to the COTR when a Contractor employee is dismissed, terminated or assigned to duties not within the scope of this contract.

D.3 Access Control

Procedures shall be implemented to ensure that access control devices issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. No device issued to the Contractor shall be duplicated. The planned procedures for device control shall be included in the Contractor's Quality Control Plan. Loss of access devices shall be reported to the COTR within one hour of discovery of the loss, or in accordance with specific office controls.

D.4 Loss or Damage to Contractor Property

The Contractor is responsible for the security of Contractor-owned property left within Government facilities or on Government property. The Government shall not be held liable for any loss or damage to Contractor property when stored within Government facilities unless the loss or damage is due to Government negligence.

D.5 Loss or Damage to Government Property

The Contractor is responsible for the security of the Government-furnished equipment, supplies and materials used in performance of the activities of this contract. The Contractor shall be liable for loss or damage to these supplies, equipment and materials due to negligence, fraud, waste or abuse. These provisions also apply to the loss or damage to Government controlled seized or forfeited property caused by Contractor or subcontractor employees.