PRESOL | D | Subject Matter Expert - CaseSoft and Nexidia - Attachment A

FBO DAILY ISSUE OF FEBRUARY 26, 2012 FBO #3746
SOLICITATION NOTICE

D -- Subject Matter Expert - CaseSoft and Nexidia - Attachment A

Notice Date: 2/24/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 541519 — Other Computer Related Services
Contracting Office: Commodity Futures Trading Commission, Office of Financial Management-Procurement, Procurement Operations and Policy, Three Lafayette Centre, 1155 21st Street, N.W., Washington, District of Columbia, 20581
ZIP Code: 20581
Solicitation Number: CFIT-12-SO-0081
Archive Date: 3/27/2012
Point of Contact: Nicholas Graham, Phone: (202) 418-5191
E-Mail Address: ngraham@cftc.gov
(ngraham@cftc.gov)
Small Business Set-Aside: N/A
Description: Attachment A This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Offers are being requested and a written solicitation will not be issued. This is a Request for Proposals (RFP) and the solicitation number is CFIT-12-SO-0081. This solicitation is also issued under FAR Part 15. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-55 effective February 2, 2012. The following FAR clauses are applicable to this solicitation and are incorporated by reference: FAR 52.212-4. Contract Terms and Conditions-Commercial Items, with Alternate I; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders - Commercial Items; FAR 52.203-6, Restrictions on Subcontractor Sales to the Government; FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards; FAR 52.219-28, Post Award Small Business Program Representation; FAR 52.222-3, Convict Labor; FAR 52.222-19, Child Labor - Cooperation with Authorities and Remedies; FAR 52.222-26, Equal Opportunity; FAR 52.222-35, Equal Opportunity for Veterans; FAR 52.222-36, Affirmative Action for Workers with Disabilities; FAR 52.222-37, Employment Reports on Veterans; FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving; FAR 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts; and FAR 52.232-33, and Payment by Electronic Funds Transfer - Central Contractor Registration. The following FAR Provisions are applicable to this solicitation and are incorporated by reference: FAR 52.212-1, Instruction to Offerors - Commercial Items; FAR 52.209-7, Information Regarding Responsibility Matters; and FAR 52.212-3, Offeror Representations and Certifications - Commercial Items. This solicitation is a 100% set-aside for small business. The NAIC Code is 541519 and the size standard is $25 million. CFTC anticipates one award pursuant to this solicitation. The anticipated contract will be time-and-materials and will include one base year and four option years. The anticipated award date is April 1, 2012. BACKGROUND The Commodity Futures Trading Commission (CFTC) is responsible for regulating commodity futures and options markets in the United States. Congress created the CFTC in 1974 as an independent agency and has renewed and expanded the agency's mandate several times since then. The CFTC's mission is to protect market users and the public from fraud, manipulation, and abusive practices related to the sale of commodity and financial futures and options and to foster open, competitive and financially sound futures and options markets. The CFTC's headquarters is located at 1155 21st Street, NW in Washington, DC. The CFTC also maintains regional offices in New York, NY, Chicago, IL and Kansas City, MO. The Commission's Office of Data and Technology (ODT) has the responsibility for management of an automated litigation support program called eLaw. To fulfill its mission in a more cost effective manner, the CFTC established Project eLaw for the creation of an automated law office that seamlessly integrates technology and work processes to support Commission managers and staff in their investigative, trial, and appellate work. To support the CFTC staff in the use of these applications, the eLaw program uses Subject Matter Experts (SMEs). A SME in CaseSoft Application Suite and Nexidia ESI is now required to support the eLaw Program. The CaseSoft Suite (CaseMap, TimeMap, TextMap, and NoteMap) provides functionality that supports matter knowledge organization and evidence analysis. CaseMap, for example, is an investigation and matter analysis tool that allows the user to select key records or passages and analyze them with filters and visual timelines. The CaseSoft Suite is used to convert transcripts, unstructured notes and memos into a matter blueprint with outlines, timelines, issue lists, a roster of people in the matter, and short descriptions of evidence "objects" (a document, an event, or a statement). The information is placed in a database that multiple people can access simultaneously from different locations in preparation for depositions, settlement discussion, and trial. Nexidia ESI is audio and speech analytics software that phonetically searches voice recordings for key words and phrases. It can search across many thousands of hours of audio recordings and find critical case evidence in a matter of seconds. Nexidia plays the retrieved audio files at the point at which the search term or phrase is heard in the recording. Audio files and associated metadata must be ingested (imported and indexed) by Nexidia ESI in order to make the files searchable. The normalization of metadata to fit Nexidia import requirements is an important step in the ingest process. CFTC's Nexidia configuration consists of one application server, one database server, one ingest server, two indexing servers and two search servers. SCOPE Except as provided in this contract, the contractor shall provide all services, equipment, materials, supplies and facilities, and do all things necessary for and incidental to performance of the scope of work. The Contractor shall be responsible for providing consulting services and technical assistance in the use of the CaseSoft Applications and Nexidia, including maintaining data integrity; expanding the application to other offices within CFTC; custom report preparation; consultation on new requirements; adapting the system to meet additional requirements; workflow development; and business process consulting. TASKS AND DELIVERABLES 1. Conduct training sessions in CaseMap, TimeMap and TextMap. 2. Conduct training sessions in Nexidia. 3. Prepare 20 Minute training sessions focusing on the use of CaseMap, TimeMap, TextMap and Nexidia. 4. Provide technical consulting regarding best practices in using the CaseSoft Applications 5. Provide technical consulting regarding best practices in using Nexidia. 6. Evaluate CaseSoft Applications upgrades for potential implementation. 7. Prepare the Change Request Form for submission to the Change Control Board for the implementation of upgrades to any of the CaseSoft Applications. 8. Prepare the upgrade instructions for upgrades to any of the CaseSoft Applications. 9. Prepare written documentation on the use of the CaseSoft Applications and/or Nexidia as requested. Documentation to be provided to CFTC in the electronic format in which it was originally created or in a form mutually agreed upon. 10. Prepare and submit weekly status reports to include status of all assigned activities and billable hours. 11. Provide other support as needed. Support may include performing database searches, creating attorney review sessions as a result of the searches, reviewing production data for adherence to the data delivery standards, and copying production data to the network. PERSONNEL QUALIFICATIONS The SME - CaseSoft Applications and Nexidia shall preferably have at least ten (10) years of in-depth technical experience with a variety of litigation support software packages with demonstrated skill in the use and management of the CaseSoft Application Suite and at least 2 (2) years of technical and administrative support in the use and management of Nexidia Enterprise Speech Intelligence (ESI). The SME - CaseSoft Applications and Nexidia will also provide support, as needed to users of other eLaw applications. Experience performing multiple tasks such as those defined in the Scope of Work must be demonstrated. Experience using legal technology and applying automated litigation support principles and methods is also required. LEVEL OF EFFORT The contractor shall provide the following level of effort for the base year and four option years: Base Year - 1,860 hours Option Year 1 - 1,860 hours Option Year 2 - 1,860 hours Option Year 3 - 1,860 hours Option Year 4 - 1,860 hours TIME, DATE AND PLACE PROPOSALS ARE DUE Offers are due no later than 4:00 p.m. local (Washington, DC) time on March 12, 2012, and must be submitted by email to ngraham@cftc.gov. Offers must also reference solicitation Number CFIT-12-SO-0081. QUOTATION PREPARATION INSTRUCTIONS Offers must include the following information: 1) A completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items. 2) Provide a resume for the proposed candidate for the position described in this solicitation. The resume should include a description of work history and other skills and qualifications that demonstrate capability to successfully perform the scope of work for this RFP. 3) Provide a brief description of up to three (3) past projects completed or substantially performed during the past three years for which your firm performed services similar to those required by this solicitation. Include reference name, email, and telephone number for each project. 4) Offer fully burdened fixed hourly rates for the base year and for each of the four option years using the Government estimate of 1,860 labor hours per year. The fixed rates must include salary, fringe benefits, overhead, general and administrative expense, profit, and all other indirect costs. The Offeror must also identify and provide a cost estimate for travel and any other proposed direct costs including markup if any for the base and each option year. Offerors are advised that travel costs should include an estimate for travel to each of the CFTC regional offices shown below. Assume three trips annually to each location with a stay of three full business days during each trip. New York Office, 140 Broadway Chicago Office, 525 West Monroe Street Kansas City Office, 4900 Main Street: The offer must include a total cost for the base year and each option year, and a grand total for all years. ORAL PRESENTATIONS - After initial review of proposals, CFTC may request oral presentations. If requested, oral presentations will be requested of all vendors determined to have a likelihood of receiving an award. Oral presentations will be provided by the proposed candidates who will be asked to elaborate on their understanding of the scope of work and aspects of their background and qualifications that would contribute to successful performance. The presentation will be allotted up to 30 minutes after which CFTC may also ask questions of the candidates. Oral presentations will be conducted at CFTC offices at 1155 21st Street, NW, Washington, DC. EVALUATION CRITERIA Award will be made to the offeror whose offer is deemed to provide the best value to the Government, considering both price and technical evaluation criteria. In considering which offer represents the best value, CFTC will consider the following criteria, which are listed in descending order of importance: (1) Personnel Qualifications - the Government will evaluate information provided in the resumes and, if requested, oral presentations, on the extent to which they demonstrate the likelihood of successful performance of the contract. (2) Past Performance and Experience - the Government will evaluate the description of past projects and past performance information from references on the extent to which it demonstrates the likelihood of successful performance of the contract. (3) Price - The evaluated price will be the total proposed cost for the base and four option years. From the standpoint of the relative importance of price to the technical criteria, the technical criteria, when combined, are significantly more important than price. However, as the merit of technical factors in competing offers approaches equality, price will become increasingly more significant as an evaluation factor. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). The Government intends to evaluate offers and award a contract without discussions. Therefore, offers should contain the best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if the Contracting Officer later determines them to be desirable. ADDITIONAL TERMS AND CONDITIONS 1. PLACE OF PERFORMANCE The effort required for this Contract shall primarily be performed on-site at CFTC's facilities but may also be performed in part at the Contractor's facility. For work performed on-site, the primary place of performance shall be CFTC headquarters located at 1155 21st Street, NW, Washington, DC. It is anticipated that the Contractor will be required to work on-site at the Washington, DC location at least three weeks of each month. 2. GOVERNMENT FURNISHED PROPERTY For work performed on-site at CFTC, the Government will provide all required facilities, equipment and supplies required to perform the scope of work. This includes workstation, computer, telephone and other normal office supplies. The Contractor staff shall comply with the Commission's Information Technology Rules of Behavior and certify in writing their commitment to do so. 3. TRAVEL COSTS Costs for transportation, lodging, meals and incidental expenses incurred by contractor personnel on official business are allowable subject to FAR 31.205-46, Travel Costs. These costs will be considered reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations. CFTC will not provide reimbursement for local travel costs (i.e., to and from CFTC's Headquarters building) for contractors that are located within the Washington, DC metropolitan area. All travel must be approved in writing and in advance by the Contracting Officer's Representative (COR). 4. WORK HOURS The Contractor shall schedule its personnel to ensure that the eLaw Program is sufficiently staffed between regular business hours, typically 8:30am to 5:00pm Monday through Friday, except Federal holidays and emergency closings. It is recognized that some adjustment in work hours will be required from time-to-time to mitigate unforeseen problems, when and if they arise. Contractor personnel shall adhere to a business-casual attire dress code during working hours. Since the Contractor's personnel will have direct contact with CFTC employees at all levels, the Contractor employees must be customer-focused, congenial, and present a pleasant and professional demeanor at all times. 5. CONTRACTING OFFICER'S REPRESENTATIVE The Contracting Officer's Representative (COR) for the overall contract shall be: (to be identified at time of award). 6. TECHNICAL DIRECTION AND SURVEILLANCE (a) Performance of work under this contract shall be subject to the surveillance and written technical direction of the COR. The term "technical direction" is defined to include: (1) Directions to the Contractor that provide clarification of the requirements described in the scope of work. (2) Inspection and acceptance of deliverables completed by the Contractor under this contract. (b) The COR does not have authority to, and may not, issue any technical direction which: (1) Assigns additional work outside the scope of work; (2) In any manner causes an increase or decrease in the contract price or the time required for performance; (3) Changes any of the expressed terms, conditions or specifications of the contract; or (5) Interferes with the Contractor's right to perform the terms and conditions of the contract. (c) All technical direction shall be issued in writing by the COR. The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed in this clause and within his/her authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR would increase or decrease the cost of the contract or result in work outside the scope of the contract, the Contractor shall not proceed but shall immediately notify the Contracting Officer in writing. It is anticipated that within 30 days of receiving the notification from the Contractor, the Contracting Officer will either issue an appropriate contract modification or advise the Contractor in writing that: (1) The technical direction is rescinded in its entirety; (2) The technical direction is within the scope of the contract and that the Contractor should continue with the performance of the technical direction. (d) A failure of the Contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto, shall be subject to the "Disputes" provisions of the contract. (e) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COR whom the Contracting Officer shall appoint shall be at the Contractor's risk. 7. PAYMENT TO CONTRACTOR For purposes of the Prompt Payment Act, P.L. 97-177, payments under this contract will be due on the 30th calendar day after the later of: (1) the date of actual receipt of a proper invoice in the office designated to receive, (2) the date the supplies or services are accepted by the Government, or (3) the date contained in the payment schedule (if applicable) included in the contract. For purposes of determining the due date for payment and for no other purpose, acceptance will be deemed to occur on the seventh calendar day after the delivery of the supplies or services in accordance with the terms of the contract. The Contractor shall submit monthly invoices to the designated billing office specified herein. A proper invoice must include the information listed in items 1-8 below. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within seven days after receipt of the invoice in the billing office. a) Name and address of the Contractor. b) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.) c) CFTC contract number. d) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. e) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. f) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). g) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. h) Taxpayer Identification Number (TIN). Payment will be in accordance with the clause at FAR 52.232-33 "Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)". Invoices may be submitted by mail or e-mail to the following billing office: U.S. DOT - Mike Monroney Aeronautical Center Financial Operations Division CFTC Accounts Payable Branch AMZ-150 PO Box 25710 Oklahoma City, OK 73125 E-Mail: 9-AMC-AMZ-CFTC@faa.gov 8. KEY PERSONNEL The Contractor employees performing work under this contract shall be considered key personnel. Any replacement of key personnel must be supported by a resume, submitted to the Contracting Officer, prior to the date the individual starts work under the contract. The resume must demonstrate that the replacement is qualified to perform the work for which he or she is proposed and has experience and skills at least comparable to the replaced key person. Any replacement is subject to disapproval by the CFTC Contracting Officer. In the event a replacement candidate is disapproved, the Contractor shall take immediate action to locate and propose another candidate. The Contractor shall also replace any or all of its key personnel, if directed by the Contracting Officer. In those cases, the replacement procedures established by this clause shall be followed. 9. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION (a) As used in this clause, "confidential information" means information obtained during performance under the contract that is private in nature, and which is not meant for public disclosure. Examples of "confidential information" include, but are not limited to, investigatory materials, sensitive or proprietary business information, software and related documentation provided for the purpose of performance under the contract, and financial or personal information, including but not limited to information that would separately disclose the business transactions or market positions of any person or trade secret or names of customers, as defined in the Commission Regulation 1.3(k) (17 C.F.R. Section 1.3(k)). (b) Pursuant to the Commodity Exchange Act, as amended (7 U.S.C. d 1, et. seq.), other laws and the terms and conditions of this contract, the Contractor agrees to use confidential information only for the purposes of performing work under this contract, and to otherwise hold such information confidential. The Contractor shall not directly or indirectly use or allow the use of confidential information for any purpose other than that directly associated with officially assigned duties, and shall not, either by direct action or by counsel, discussion, recommendation, or suggestion to any third party, reveal the nature or content of any confidential information. (c) The Contractor shall obtain from each employee permitted access a written agreement (see Attachment B), that he/she will not disclose any such confidential information to any third party except those persons within the Contractor's organization or the Government directly concerned with the performance under the contract. The completed form shall be furnished to the Contracting Officer prior to each employee beginning work on under this contract. (d) If disclosure of confidential information to a third party is determined to be necessary by the Commission, the Contractor shall first obtain written authorization from the Contracting Officer prior to disclosing the confidential information. The Contractor shall continue to comply with this clause after expiration of this contract. (e) The Contractor shall comply with the Privacy Act of 1974, 5 U.S.C. § 552a, and the Federal Information Security Management Act (FISMA), 44 U.S.C. §§ 3541 et seq., and related regulations, shall use administrative, technical and physical security measures to protect CFTC confidential information from unauthorized access, disclosure and misuse. The Contractor's staff with access to confidential information shall comply with CFTC policies, procedures and guidelines related to information security and privacy, including but not limited to Safeguarding Personally Identifiable Information and the IT Rules of Behavior. The Contractor staff with access to PII shall annually attend the Commission's mandatory privacy and security training program and participate in other CFTC training programs as requested. (f) In the event of an incident involving the loss, compromise or unauthorized disclosure, real or potential, of PII, the Contractor shall report the incident to the COR immediately and no later than one (1) hour upon discovery of the incident, and if the COR cannot be immediately reached, to the CFTC Chief Information Security Officer and Chief Privacy Officer. The Contractor shall cooperate with CFTC personnel in handling any investigation of the incident and mitigating risks of similar future incidents. 10. PERSONNEL SECURITY A. Personnel suitability/security checks are required only for Contractor staff who will need access to CFTC-controlled information systems, or will need access to CFTC premises and will be unescorted while on CFTC's premises. B. Contractor staff who are expected to be employed on this contract for six months or less and who will require access to CFTC-controlled information systems and/or unescorted access to CFTC facilities shall be subject to a Special Agreement Check (hereinafter referred to as a "SAC" or "Check"). To initiate this Check, the Contractor shall ensure that such staff complete an OFI Form 86C (Special Agreement Check), an Authorization for Release of Information, and a release authorizing CFTC to obtain a credit report. This Check must be favorably adjudicated for the staff to obtain employment in this capacity. C. Contractor staff who are expected to be employed on this contract for greater than six months and who will require access to CFTC-controlled information systems and/or unescorted access to CFTC facilities will be required, at a minimum, to undergo a SAC and a National Agency Check and Inquiries (NACI). The SAC must be favorably adjudicated for the staff to obtain employment in this capacity. The NACI must be favorably adjudicated post-employment for the staff to continue employment in this capacity. Depending upon the duties assigned, CFTC may require a higher level investigation, such as a Minimum Background Investigation (MBI), a Limited Background Investigation (LBI), a Background Investigation (BI), or a Single Scope Background Investigation (SSBI). (NACI and higher level investigations are hereinafter referred to as "Investigations.") Any higher level Investigations must be favorably adjudicated for the staff to continue employment in this capacity. D. The Check and Investigations cited in paragraphs B and C above will not be required if: (1) Contractor staff possess a valid current Federal identity credential that is verified by the individual's former department or agency to the satisfaction of the CFTC; and (2) the individual has undergone the required Check and/or Investigations at another agency and has been favorably adjudicated. If the completed NACI occurred 15 or more years ago, the CFTC has the discretion to determine whether a new Investigation is needed and whether a higher level investigation is warranted. The Contractor shall comply with this determination and shall ensure that contractor staff complete and submit the necessary documents within the time frame established by the CFTC or risk its staff being rendered ineligible to perform under the contract with the CFTC. E.1. In the event Contractor staff referred to in paragraph D above meet the requirements of that paragraph, Contractor shall provide to the COR the candidates' name, social security number, date of birth, and city and state of birth for verification purposes. E.2. If Contractor staff do not have current clearances or a favorably-adjudicated Check and Investigation prior to working at CFTC or gaining access to federally-controlled information systems, Contractor shall ensure that the required background investigation forms, as defined by a CFTC Personnel Security Representative, are submitted to the CFTC Personnel Security Representative as follows. Forms required under paragraph B above shall be submitted to the CFTC Personnel Security Representative not later than five days after the effective date of this contract. Forms required under paragraph C and D above shall be submitted not later than five days after they are identified by CFTC. F. Contractor staff described in paragraph B above who remain on site at CFTC for greater than six months shall be subject to the requirements of paragraph C above. G. All investigation forms are available on the Internet at http://www.opm.gov/Forms/html/sf.asp or from the CFTC Personnel Security Representative at the following address: CFTC Personnel Security Representative Office of Management Operations, Room 4025 Commodity Futures Trading Commission 1155 21st Street, N.W. Washington, D.C. 20581 H. Completed investigation forms shall be submitted to the CFTC Personnel Security Representative at the address cited above. The Personnel Security Representative will arrange for fingerprinting of candidates and submit completed applications and fingerprints to the Office of Personnel Management (OPM) for investigation. I. For Contractor staff as described in paragraph C above, the SAC will serve as a pre-screening measure and will meet interim clearance needs. The subject Contractor staff may be allowed to commence work with a favorable finding on the SAC. Continuation of work for CFTC depends upon favorable adjudication by the CFTC Personnel Security Director of the NACI. If required by the contractor staff's work, the agency may require an investigation higher than a NACI after the contractor staff is on board. Any subsequent Investigation must be favorably adjudicated by the CFTC Personnel Security Director in order for the contractor staff to continue to work at CFTC. J. The Contractor shall ensure that its staff maintains valid clearances as necessary while performing work for CFTC under this contract. However, should clearances from another agency expire during the period of performance under the contract, the Contractor shall immediately notify the COR. The Personnel Security Representative will determine if the Contractor needs to renew its staff's clearance. If so, CFTC may initiate the necessary Checks and Investigations. K. In addition to the security requirements cited above, prior to fingerprinting and upon commencement of work at the Commission, all staff described in paragraphs B and C above must show the Personal Security Representative two forms of original identification. One such identification must be a valid state or federal government issued picture identification; the second must be from the list of acceptable documentation contained in Form I-9 (Revision 05/31/05). Identification verification is required before CFTC will issue a personal identification verification card to the Contractor staff. 11. GOVERNMENT RIGHTS IN DATA The Government shall have unrestricted rights in all documentation and other data developed by the Contractor under this contract, as described in FAR Clause 52.227-14, Rights in Data-General (December 2007), which is incorporated herein by reference. 12. USE OF GOVERNMENT PROPERTY Government property [see FAR 45.101(a)] shall be used only for performing work under this contract, unless otherwise approved in writing by the Contracting Officer. The Contractor shall be responsible and accountable for all Government property provided under the contract. The Contractor shall be liable for shortages, loss, damages, or destruction of Government property in its possession or control. The Contractor shall investigate and report to the Contracting Officer or the COR all cases of loss, damage, or destruction of Government property in its possession or control as soon as the facts become known or when requested by the Contracting Officer or the COR. For work required to be performed at CFTC's facility, CFTC will furnish appropriate workspace, including general furnishings, telephone, and personal computer. 13. LIABILITY This clause addresses liability arising beyond that which is specific to Government property. Liability for shortages, loss, damages or destruction of Government property is addressed in the "Use of Government Property" clause of this contract. The Contractor shall be responsible for all liabilities which result from willful misconduct, gross negligence, or lack of good faith on the part of any of its officers and employees. Such liability is not restricted by any dollar limitations. 14. KEY CONTROL, ID BADGES AND ACCESS CARD (a) The Government will provide the necessary building passes, access cards, and keys (as appropriate) to contractor employees. These passes, cards, and keys shall be returned within one (1) day to the COR upon an employee's termination of employment with the Contractor and/or reassignment. Also, all passes, cards, and keys shall be returned to the COR at the conclusion of the performance period of each task order. (b) All Contractor personnel working on CFTC premises shall adhere to all security and identification badge requirements. Identification badges shall be visible at all times. Exceptions apply when doing so would present a physical hazard, such as while working near or with certain equipment or machinery. (c) The Contractor shall establish and implement methods of ensuring that all keys, badges, and access cards issued to the Contractor's employees by the Government are not lost or misplaced, and are not used by unauthorized persons. No passes, cards or keys issued to the Contractor by the Government shall be duplicated. (d) The contractor shall immediately report the occurrence of a lost key, badge, or access card to the COR. If the COR cannot be immediately reached, the contractor shall immediately report the loss to the CFTC Chief of Security. The Contractor may be required to replace lost keys, or reimburse the Government for replacement of locks and/or keys. In the event a master key is lost or duplicated, the Government will replace all locks and keys for that system. Any costs related to replacing the locks and keys, due to a master key being lost or duplicated, shall be borne solely by the Contractor. 15. COMPUTER SECURITY The Contractor shall obtain, read, understand, and comply with the policy and procedures of the Commission's computer security program and limited personal use policy prior to being granted access to the internal network. Access to CFTC computer systems is requested and granted only on an as-needed basis to perform official CFTC business. Computer systems and hardware may not be modified by the Contractor without express written consent from the COR. The downloading of computer games and/or their operation is prohibited. 16. PERFORMANCE BASED SERVICE CONTRACTING Performance based service contracting (PBSC) emphasizes that all aspects of an acquisition be structured around the purpose of the work to be performed as opposed to the manner in which the work is to be performed or broad, imprecise statements of work which preclude an objective assessment of contractor performance. It is designed to ensure that contractors are given freedom to determine how to meet the Government's performance objectives. Incentives are used to motivate the Contractor to consistently achieve appropriate performance quality levels. CFTC has developed the performance metrics specified in Attachment A to the RFP, which will be used to evaluate and incentivize the Contractor's performance.
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Place of Performance: Address: 1155 21st Street, NW, Washington, District of Columbia, 20581, United States; Zip Code: 20581
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D -- Subject Matter Expert - CaseSoft and Nexidia - Attachment A