PLEASE READ THIS ENTIRE NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE THAT WILL BE ISSUED. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-28.  This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, in conjunction with FAR Part 12, as applicable, and 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.  The solicitation number is RFP-TOTS-09-R-0001 and is issued as a Request for Proposal (RFP).  The associated North American Industrial Classification System (NAICS) code for this procurement is 518210 with a small business size standard of $25 million.  This acquisition is being offered for full and open competition.  It is anticipated that multiple awards may result from this solicitation via the issuance of Indefinite Delivery-Indefinite Quantity (IDIQ), fixed-price contracts as set forth in the attached Statement of Work.  This contract will be for a base year and four Option Years.  The Contractor shall provide services to scan significant volumes of paper records related to the agency's legal, supervisory, and administrative responsibilities.  Cataloging and formatting scanned records for electronic discovery using e-discovery software such as Lexis-Nexis' Concordance is an essential part of this requirement in accordance with the Statement of Work.  Date(s) and place(s) of performance will be specified in individual Task Orders and deliverables shipped FOB Destination.  Offerors shall submit pricing in accordance with the attached sample pricing sheet.  Such pricing shall be pre-priced for the base period and option periods.  Please include all applicable discounts in your offer.  The only work authorized under this contract is work ordered by the Contracting Officer through the issuance of a Task Order.  Responses shall be submitted via electronic submission to Isabel Roman-Cogswell at isabel.romancogswell@ots.treas.gov and be marked as follows:  Proposal in response to TOTS-D-09-R-0001 in the subject line of the e-mail.  All questions regarding this requirement must be submitted to Isabel Roman-Cogswell via e-mail no later than noon on Friday December 12, 2009.

Terms and Conditions:  This RFP incorporates the provisions and clauses that are in effect through Federal Acquisition Regulation Circular 2005-29.  Provision FAR 52.212-1, Instructions to Offerors-Commercial Items (Nov 2007) and addendum are incorporated into this solicitation.  Addendum to 52.212-1, Modify:  (b) Submission of offer(s) is to read as follows:  "Submit proposals electronically to isabel.romancogswell@ots.treas.gov".  Provision 52.212-2, Evaluation-Commercial Items (Jan 1999) is incorporated by reference.  Addendum to 52.212-2, Insert the following factor:  (a) The Government will evaluate information based on the following criteria 1) Technical Approach   (Not to exceed 10 pages)   2) Past Performance, and 3) Price.  These factors are listed in descending order of importance.  Factor one is the most important.  Factor two is more important than three.  Factor three is less important than one and two.  When all non-price factors are combined they are more important than price.  However, cost/price may become a critical factor in source selection in the event that two or more Offerors are determined to be essentially equal following the evaluation of all factors other than cost or price.  In any event, the Government reserves the right to make an award to the Offeror whose proposal provides the best overall value to the Government.  The Technical Approach section requires the offeror to provide a concise summary of its understanding and approach to each tasking area identified in the SOW.  The technical proposal shall enable government personnel to make a thorough evaluation and arrive at a sound determination as to whether or not the proposal will meet the requirements of the government.  To this end, the technical proposal shall be so specific, detailed and complete as to clearly and fully demonstrate that the prospective Contractor has a thorough knowledge and understanding of the requirements and has valid and practical solutions for technical problems.  Offerors must provide at least three references that had the same or similar in scope, complexity, and size as this RFP.  Relevant scope for this RFP includes demonstrated experience with production of e-discovery databases in Concordance or similar database format for law firm or other legal clients.  Past performance information must include updated reference name, company name, phone number, address, project/contract number, period of performance of reference project/contract and description of services provided under the contract, and the total amount of the contract.  Offeror may submit information regarding any problems encountered on the referenced contracts and any corrective actions taken.  Offerors without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance.  Provision 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2007) is incorporated.  Contractors may submit their Online Representations and Certifications Application (ORCA) at the following government portal:  http://orca.bpn.gov.  Clauses 52.212-4, Contract Terms and Conditions--Commercial Items (Feb 2007) and FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Feb 2008), 52.216-18, Ordering (Oct 1995), 52.216-19, Order Limitations, (a) Minimum order.  The minimum guaranteed amount for each award will be $5,000.00.  Orders beyond the minimum will be determined by the user's needs.  The exercise of the option period does not re-establish the contract minimum.  The Government has no obligation to issue task orders to the Contractor beyond the minimum amount specified above.  The maximum cumulative dollar amount that may potentially be awarded is $7.5 million. The following additional clauses under FAR 52.212-5 are applicable:  1) 52.222-19, Child Labor; 2) 52.222-3, Convict Labor; 3) 52.222-21, Prohibition of Segregated Facilities; 4) 52.222-26, Equal Opportunity; 5) 52.222-35, Equal Opportunity for Special Disabled Veterans; 6) 52.222-36, Affirmative Action for Works with Disabilities; 7) 52.222-37, Employment Reports on Special Disabled Veterans; 8) 52.222-50, Combating Trafficking in Persons; 9) 52.225-13, Restrictions on Certain Foreign Purchases; 10) The clause at 52.222-48, Exemption from Application of Service Contract Act Provisions-Contractor Certification applies to this procurement; 11) The clause at 52.217-9, Option to Extend the Term of the Contract, applies to this procurement; 12) There are no additional contract requirements, or terms and conditions applicable to this procurement; 13) The Defense Priorities and Allocations System (DPAS) is not applicable to this procurement; 14) There are no applicable Numbered Notes for this procurement; 15) The Government reserves the right to make award without discussions and to make award based on initial proposals and 16) 52.232-26, Payment by Third Party.  Offerors shall either submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items or ensure that they are current in Online Representations and Certifications Application (ORCA).  Full text of the FAR provisions and clauses can be found at:  http://www.acqnet.gov/far.

Central Contractor Registration:  Prospective awardee shall be registered in the Central Contractor Registration database prior to award.  If a company is not registered in CCR, they may do so by going to the CCR website at:  http://www.ccr.gov.