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.
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.
of Contract | Contract Scope | Contract Adminstration | Ordering Procedures | Other Information
information on this BPA, please contact the Unisys COTR at the following
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
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.
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.
is effective from the date of signature through the end of the GSA contract
period(s) which are currently as follows:
Data Corp (CDC)
Horizons / Computer Learning Centers, Inc.
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.
or Task Orders may be placed against this BPA via Internet means, fax
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
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.
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:
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.
Customers will maintain direct control over their own projects and will
be responsible for taking receipt of any deliverables and paying all task
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:
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
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.
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.
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
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.
for the program is:
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
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.
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.
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.
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.
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:
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.
performed under this BPA are subject to the following security requirements:
- 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.
- On-Site Personnel Clearance Procedures, Application, and Related
See Appendix One to this BPA - Attached.
- 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
Overtime: Overtime is not anticipated as a matter of routine occurrence 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.
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.
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.
One -- On-Site Personnel Clearance Procedures, Application, and Related
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.
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.
Security Clearance Requirements - Unclassified Materials
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.
services performed by Contractor personnel may fall within three "risk"
categories as described below:
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.
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
Risk: Those non-sensitive positions that do not fall into any of
the above categories.
and number of security clearances required.
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.
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.
background investigations and waivers.
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
As a minimum,
the following forms must be completed and submitted by the Contractor
for each Contractor or subcontractor employee requiring a security clearance:
- FD-258 (Applicant Fingerprint Card) - (two sets per applicant)
- SF-85 (Questionnaire for Non-Sensitive Positions) OR SF-85 P (Questionnaire
for Public Trust Positions)
- INS Form I-9 (Employment Eligibility Verification)
- Foreign Born or Foreign Citizens Relative Form
- 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
- Verification of U.S. Citizenship
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:
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.
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).
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.
completed forms to the COTR.
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:
in consultation with the SPM, will determine which Contractor employee
positions will require clearances and at what risk level.
will provide the Contractor an adequate supply of forms and instructions
for completing the forms.
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.
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.
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.
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.
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.
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.
on the circumstances, the Contractor may be held monetarily responsible
for all reasonable and necessary costs incurred by the Government described
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.
security investigations in excess of those which would otherwise be
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.
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.
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.
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.
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.
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.
of Egress and Ingress
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.
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
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.
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
or Damage to Contractor Property
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
or Damage to Government Property
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.