Biam Solicitation.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

1. REQUEST NO.

FLSDCLERK21-0025

2. DATE ISSUED

08/17/2021

3. REQUISITION/PURCHASE REQUEST NO.

FLSDCLERK21-0859

NOT USED

Luis Perez-Nelson, 3055235648 U.S. District Court Miami Wilkie D. Ferguson, Jr. U.S. Courthouse 400 N. Miami Ave Mail Room - Clerk Miami, FL 33128

5a. ISSUED BY 6. DELIVER BY (date) See Line Items

7. DELIVERY

OTHER

(See Schedule)FOB DESTINATION X

9. DESTINATION

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

U.S. District Court Miami Wilkie D. Ferguson, Jr. U.S. Courthouse 400 N. Miami Ave Mail Room - Clerk Miami, FL 33128

NAME

Luis Perez-Nelson

TELEPHONE NUMBER

AREA CODE

NUMBER

5235648 Ext.:

8. TO:

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

08/31/2021 17:00:00

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

CLIN NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

0001 WDF Biamp Sound System upgrade - 10 Courtrooms 10 Each

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations [ ] are [ X ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

FLSDCLERK21-0025 - Page 1 of 36

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0001 WDF Biamp Sound System upgrade - 10

Courtrooms

Original :

Change:

Total: 10

Each

C-1 Statement of Work

The Florida Southern District Court is soliciting bids to upgrade our existing Biamp Audia DSP’s with new Biamp Tesira DSP’s in 10 courtrooms of the Wilkie D. Ferguson Building in Miami, Fl. This will require the replacement of the Biamp Audia DSP with the installation of Biamp Tesira DSP hardware, expanders, and con-nections in the equipment closet of each courtroom. In addition, each courtroom will require programming for the Biamp DSP and updates to the Crestron control processors software/modules to control the new Tesira DSP. All existing inputs, outputs, presets, and volume controls will be maintained; no new inputs/outputs will be added. We do not anticipate any new wire pulls, however interconnect wiring in the rack should be anticip-ated and considered in your quote. We will include a sample of an existing system design for your reference in the same building. We will also include a copy of one of the Biamp Audia DSP programs which contain all of the input, output, presets, and volume controls that we will like duplicated for the new Biamp Tesira software/ hardware. The following table is a list of the new equipment to be installed.

1014 DSP Digital Signal Pro-cessor, Card Frame w/ AVB Interface

Biamp Tesira Server-IO w/

AVB

1015 DSP Configurable DSP Card, 64x64 Channels of DANTE Audio

Biamp Tesira DAN-1 1

1016 DSP Digital Signal Pro-cessor, 4-channel In-put Card w/ Echo Cancellation and Noise Cancellation

Biamp Tesira SEC-4 5

1017 DSP Digital Signal Pro-cessor, 4-Channel Mic/Line Input Card

Biamp Tesira SIC-4 1

1018 DSP Digital Signal Pro-cessor, 4-Channel Line Output Card

Biamp Tesira SOC-4 5

1019 DSP Digital Signal Pro-cessor, Fixed I/O, 12 AEC In x 8 Out, w/ VoIP Interface

Biamp TesiraForte AVB VT 1

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

FLSDCLERK21-0025 /0002 - Page 2 of 36

Clause Title Date

3-300 Registration in the System for Award Management (SAM) APR 2013

B-5 Clauses Incorporated by Reference OCT 2010

This procurement incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.uscourts.gov/procurement.aspx.

(END)

B-20 Computer Generated Forms JAN 2003

(a) Any data required to be submitted on a Standard or Optional form may be submitted on a computer gener-ated version of the form, provided there is no change to the name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional form number and edition date.

(b) Unless prohibited by the contracting officer, any data required to be submitted on a judiciary unique form may be submitted on a computer generated version of the form provided there is no change to the name, con-tent, or sequence of the data elements on the form and provided the form carries the judiciary form number and edition date.

(c) If the contractor submits a computer generated version of a form that is different than the required form, then the rights and obligations of the parties will be determined based on the content of the required form.

(END)

CT-3 Judiciary Open Market Clauses (Products) NOV 2014

This award incorporates the following Judiciary clauses:

Clause B-5, Clauses Incorporated by Reference (SEP 2010) (DEVIATION)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were giv-en in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.uscourts.gov/procurement.aspx. The follow-ing clauses apply as indicated:

Clause No. Title Date [ ] Clause 2-35 F.o.b. Destination, Within Judiciary's Premises JAN 2003 [ ] Clause 2-130 Energy Efficiency in Energy-Consuming Products APR 2013 [ ] Clause 2-135 IEEE Standard for the Environmental Assessment of Personal Computer Products APR 2013 [ X ] Clause 3-3 Provisions, Clauses, Terms and Conditions - Small Purchases JUN 2014 [ X ] Clause 3-300 Registration in the System for Award Management (SAM) APR 2013 [ X ] Clause 3-305 Payment by Electronic Funds Transfer – System for

Award Management (SAM) Registration APR 2013 [ X ] Clause 3-310 Payment by Electronic Funds Transfer – Other Than

System for Award Management (SAM) Registration APR 2013 (applies if Clauses 3-300 and 3-305 do not apply)

[ ] Clause 6-85 Commercial Computer Software License APR 2013 [ ] Clause 6-105 California E-Waste Fee APR 2013 [ ] Clause 7-65 Protection of Judiciary Buildings, Equipment and Vegetation APR 2013 [ ] Clause 7-115 Availability of Funds JAN 2003

FLSDCLERK21-0025 /0002 - Page 3 of 36

(end)

1-10 Gratuities or Gifts JAN 2010

(a) The right of the contractor to proceed may be terminated by written notice if, after notice and hearing, the Procurement Executive or designee determines - at a level above the contracting officer - that the contractor, its agent or other representative:

(1) offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official or employee of the judiciary;

and

(2) intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the judiciary is entitled to pursue the same remedies as in a breach of contract.

(d) The rights and remedies of the judiciary provided by this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(END)

1-15 Disclosure of Contractor Information to the Public AUG 2004

(a) The judiciary reserves the right to disclose information provided by the contractor, in response to a request by a member of the general public. Upon receipt of a written request, the judiciary will disclose information which would constitute public records in an agency covered by the Freedom of Information Act. In the event the requested information consists of or includes commercial or financial information, including unit prices, the contractor shall be notified of the request and provided with an opportunity to comment.

(b) The contractor will thereafter be notified as to whether the information requested will be released. The con-tractor understands and agrees that unit and/or aggregate prices contained in the contract may be subject to dis-closure without consent.

(END)

2-5A Inspection of Products APR 2013

The contractor shall use and maintain a written inspection or quality control system acceptable to the judiciary for the products under this contract. The contractor shall tender to the judiciary for acceptance only products which have been inspected in accordance with the acceptable inspection system and have been found by the contractor to be in conformity with contract requirements. As part of the system, the contractor shall prepare re-cords evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the judiciary during contract performance and for at least three years after acceptance.

The judiciary has the right to evaluate the acceptability and effectiveness of the contractor's inspection system before award and during contract performance. This evaluation may be used to determine the extent of judiciary inspection and testing, but this does not waive its right to inspect and test all items. The right of review, whether exercised or not, does not relieve the contractor of the obligations under the contract.

(b) The judiciary has the right to inspect and test all products provided under this contract, to the extent practic-able, at all times and places, including the period of manufacture, and in any event before acceptance. The judi-ciary will perform inspections and tests in a manner that will not unduly delay the work. The judiciary assumes no contractual obligation to perform any inspection and test for the benefit of the contractor unless specifically set forth elsewhere in this contract.

(c) If requested by the judiciary, the contractor shall provide, all reasonable facilities and assistance to the judi-ciary inspectors. If the judiciary performs inspections or tests on the premises of the contractor or a subcontract-or, the contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the judiciary shall bear the expense of judiciary inspections or tests made at other than the contractor's or subcontractor's premises; provided, that in case of rejection, the judiciary shall not be liable for any reduction in the value of inspection or test samples.

(d) The judiciary may require the contractor to correct or replace any products that fail to comply with the re-quirements of this contract. Products are nonconforming when they are defective in material or workmanship or

FLSDCLERK21-0025 /0002 - Page 4 of 36 are otherwise not in conformity with contract requirements. The judiciary may reject nonconforming supplies with or without disposition instructions. Upon determining that the products are nonconforming, the judiciary may at its discetion:

(1) require replacement or correction of the defective products;

(2) acquire replacement products from another source, and charge the contractor for any costs incurred by the judiciary; or

(3) accept the nonconforming products at a reduced price.

(e) The contractor shall remove supplies rejected or required to be corrected. However, the contracting officer may require or permit correction in place, promptly after notice, by and at the expense of the contractor. Correc-ted or replaced products may not be tendered again unless the former tender and the requirement for correction or replacement are disclosed.

(f) If the contractor fails to proceed with reasonable promptness to remove, replace or correct rejected products, , the judiciary may:

(1) by contract, or otherwise, remove, replace, or correct the products and charge the cost to the contractor; or

(2) terminate this contract for default.

(g) If the contractor does not correct or replace the products within the contract delivery schedule, the contract-ing officer may require an equitable price reduction as consideration for late delivery.

(h) Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(i) The contracting officer may require a price reduction for consideration for any judiciary costs incurred for:

(1) the total time, including round-trip travel time, lost by judiciary representatives when the contractor is not ready for inspection at the time inspection and testing is requested by the judiciary;

(2) the total time, including round-trip travel time, required by judiciary representatives for reinspection and retesting necessitated by rejection.

(END)

2-10 Responsibility for Products JAN 2010

(a) Title to products furnished under this contract shall pass to the judiciary upon formal acceptance, regardless of when or where the judiciary takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to products shall remain with the contractor until, and shall pass to the judiciary upon:

(1) delivery of the products to a carrier, if transportation is F.o.b. origin; or

(2) acceptance by the judiciary or delivery of the products to the judiciary at the destination specified in the contract whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this clause shall not apply to products that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming products remains with the con-tractor until cure or acceptance. After cure or acceptance, paragraph (b) of this clause shall apply.

(d) Under paragraph (b) of this clause, the contractor shall not be liable for loss of or damage to products caused by the negligence of officers, agents, or employees of the judiciary acting within the scope of their em-ployment.

(END)

2-20A Incorporation of Warranty JAN 2003

Notwithstanding the contractor's standard commercial warranty, if offered and accepted by the judiciary, any dispute thereunder will be resolved under the Disputes clause of this contract, notwithstanding any disputes pro-cedure that may be specified in the warranty.

(END)

2-20B Contractor Warranty (Products) JAN 2010

(a) The contractor warrants that all products furnished under this contract, including packaging and markings, will be free from defects in material or workmanship and will conform with the specifications and all other re-

FLSDCLERK21-0025 /0002 - Page 5 of 36 quirements of this contract.

(b) The contracting officer will give written notice to the contractor of any breach of warranty and either:

(1) require the prompt correction or replacement of any defective or nonconforming products; or

(2) retain them, reducing the contract price by an amount equitable under the circumstances.

(c) When return for correction or replacement is required, the contractor is responsible for all costs of transport-ation and for risk of loss in transit. If the contractor fails or refuses to correct or replace the defective or noncon-forming products, the contracting officer may correct or replace them with similar products and charge the con-tractor for any cost to the judiciary. In addition, the contracting officer may dispose of the nonconforming products, with reimbursement from the contractor or from the proceeds for excess costs. Any products corrected or furnished in replacement are subject to this clause.

(d) The rights and remedies of the judiciary provided in this clause are in addition to, and do not limit, any rights afforded to the judiciary by any other clause of the contract.

(END)

2-25A Delivery Terms and Contractor's Responsibilities JAN 2003

(a) The judiciary reserves the right to specify the mode of transportation and routing to be employed.

(b) Destination - If the contract specifies "F.o.b. destination," the following apply:

(1) "F.o.b. destination" means delivery to a destination specified in the purchase document by the consignor or seller (unless the contract provides otherwise). This includes within the doors of the specified building, includ-ing delivery to specific rooms within the building when specified. The cost of shipping and risk of loss are borne by the seller or consignor. Title to the products passes to the judiciary when deliverables arrive at the con-tract's stated destination.

(2) The contractor shall:

(i) pack and mark shipments to comply with contract specifications or, in their absence, prepare shipments in accordance with carrier requirements;

(ii) prepare and distribute commercial bills of lading;

(iii) deliver the shipment in good order and condition to the point of delivery specified in the contract;

(iv) be responsible for loss or damage occurring before receipt at the specified point of delivery;

(v) furnish a delivery schedule and designate the mode of delivery;

(vi) pay and bear all delivery costs to the specified point of delivery.

(c) Origin - If the contract specifies "F.o.b. origin" the following apply:

(1) "F.o.b. origin" means delivery, free of expense to the judiciary to the carrier or shipment facility as follows:

(i) delivery on board the indicated type of conveyance of the carrier (or of the judiciary, if specified), to the spe-cified point from which the shipment will be made and from which line haul transportation service (as distin-guished from switching, local drayage, or other terminal service) begins;

(ii) to a U.S. Postal Service facility; or

(iii) delivered by the contractor, to any judiciary designated point located within the same commercial zone (as prescribed by the Interstate Commerce Commission) as the F.o.b. point named in the contract.

(2) The contractor shall:

(i) pack and mark shipments to comply with contract specifications or, in their absence, prepare the shipment in accordance with carrier requirements and good commercial practices and secure the lowest applicable transport-ation charge.

(ii) order specified carrier equipment when requested by the judiciary. Otherwise, order appropriate carrier equipment not in excess of capacity to accommodate the shipment.

(iii) deliver the shipment in good order and condition to the carrier, when loaded by the contractor, load, stow, trim, block, and/or brace shipments as required by the carrier's rules and regulations.

(iv) be responsible for loss or damage occurring before delivery to the carrier; and for loss or damage due to im-proper packing/marking and, when loaded by the contractor, from improper loading, stowing, trimming, block-ing, and/or bracing of the shipment;

(v) prepare a commercial bill of lading or other transportation receipt, to show:

(A) a description of the shipment in terms of the governing freight classification or tariff(or government rate tender) under which the lowest freight rates are applicable;

(B) the seals affixed to the conveyance, including the serial number on them, or other identification;

FLSDCLERK21-0025 /0002 - Page 6 of 36

(C) the length and capacity of cars or trucks ordered and furnished;

(D) other pertinent information required to effect prompt delivery to the consignee, including name delivery ad-dress, postal address and ZIP code of consignee, routing, etc.;

(E) special instructions or annotations requested by the judiciary for commercial bills of lading (for example, "This shipment is the property of, and the freight charges paid to the carrier will be reimbursed by, the judi-ciary"); and

(F) the signature of carrier's agent and the date the shipment is received by the carrier.

(vi) distribute the copies of the bill of lading, or other transportation receipt, as directed by the judiciary.

(vii) supply with each invoice a memorandum copy of the bill of lading, clearly indicating the signature of the carrier's agent, date of pickup, and the weight accepted by the carrier. If the weight is determined by the carrier after pickup, it shall be annotated on the memorandum copy of the bill of lading along with the following:

"I certify that the weight information is that obtained from the carrier. Signed: "

(3) If the judiciary has not specified otherwise, the contractor shall ship on commercial bills of lading.

(4) If the judiciary specifies that shipment is to be made on endorsed commercial bills of lading for transporta-tion charges up to $100, the contractor shall be required to prepay all transportation charges, not to exceed $100, per shipment.

(5) The contractor shall annotate the commercial bill of lading as follows: "Property of the United States Judi-ciary".

(6) The actual transportation costs, not to exceed $100 per shipment, will be added to the contractor's invoice as a separate item. The costs shall be based on the lowest published rate on file with the Interstate Commerce Commission or any state regulatory body. They shall be supported by freight or express receipts marked "pre-paid."

(END)

2-40A Variation in Quantity JAN 2003

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

__________Percent increase __________Percent decrease This increase or decrease shall apply to _____________________________________________*

(END)

2-45 Packaging and Marking AUG 2004

(a) Unless otherwise specified, preservation, packaging, and marking for all items delivered hereunder shall be in accordance with commercial practice and adequate to insure acceptance by common carrier and safe arrival at destination. The contractor shall place the contract number and delivery order number, or purchase order, as applicable, on or adjacent to the exterior shipping label or include them on the internal packing slip. For any magnetic media provided, the contractor shall provide extra markings for protection against exposure to mag-netic fields or temperature extremes.

(b) All documentation, reports, and other deliverables shall be clearly marked with the project title, contract number, and delivery order number (when applicable). Unless otherwise specified, all items shall be packaged and packed in accordance with normal commercial practices - e.g., if magnetic media is involved, extra marking shall be considered for protection against exposure to magnetic fields or temperature.

(END)

2-60 Stop-Work Order JAN 2010

(a) The contracting officer may, at any time, by written order to the contractor, require the contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the con-tractor, and for any further period to which the parties may agree. The order will be specifically identified as a

FLSDCLERK21-0025 /0002 - Page 7 of 36 stop-work order issued under this clause. Upon receipt of the order, the contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work order is delivered to the contractor, or within any extension of that period to which the parties shall have agreed, the contracting of-ficer will either:

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the default, or the Termination for Convenience, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the contractor shall resume work. The contracting officer will make an equitable adjustment in the de-livery schedule or contract price, or both, and the contract will be modified, in writing, accordingly, if:

(1) the stop-work order results in an increase in the time required for, or in the contractor's cost properly alloc-able to, the performance of any part of this contract; and

(2) the contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the contracting officer decides the facts justify the action, the contracting officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the judiciary, the contracting officer will allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the con-tracting officer will allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(END)

2-90A Option for Increased Quantity APR 2013

The judiciary may increase the quantity of products called for in this contract by requiring the delivery of the numbered line item(s) identified as an option item, in the quantity and at the price set forth in the line item(s).

The contracting officer may exercise this option, at any time within the period specified in the contract, by giv-ing written notice to the contractor. Delivery of the items added by the exercise of this option will continue im-mediately after, and at the same rate as, delivery of like items called for under this contract, unless the parties otherwise agree.

(END)

2-90B Option for Increased Quantity-Separately Priced Line Item APR 2013

The judiciary may require the delivery of the numbered line item, identified as an option item, in the quantity and at the price stated in the line item. The contracting officer may exercise the option by written notice to the contractor within [insert in the clause the period of time in which the contracting officer has to exercise the op-tion]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(end)

2-90D Option to Extend the Term of the Contract APR 2013

(a) The judiciary may extend the term of this contract by written notice to the contractor no later than [insert the period of time within which the contracting officer may exercise the option] calendar days prior to the contract's current expiration date; provided that the judiciary gives the contractor a preliminary written notice of its intent to extend at least [Contracting Officer fill-in] calendar days [60 days unless a different number of days is inser-ted] before the contract expires. The preliminary notice does not commit the judiciary to an extension.

(b) If the judiciary exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed [Contracting Officer insert duration (months) (years)].

(END)

FLSDCLERK21-0025 /0002 - Page 8 of 36

2-95 Material Requirements JAN 2003

(a) As used in this clause:

(1) "new" means composed of previously unused components, whether manufactured from virgin material, re-covered material in the form of raw material, or materials and by-products generated from, and reused within, an original manufacturing process; provided that the products meet contract requirements, including but not limited to, performance, reliability, and life expectancy.

(2) "reconditioned" means restored to the original normal operating condition by readjustments and material re-placement.

(3) "recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process.

(4) "re-manufactured" means factory rebuilt to original specifications.

(5) "virgin material" means:

(i) previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore; or

(ii) any undeveloped resource that is, or with new technology will become, a source of raw materials.

(b) Unless this contract otherwise requires virgin material or products composed of or manufactured from virgin material, the contractor shall provide products that are new, reconditioned, or re-manufactured, as defined in this clause.

(c) An offer to provide unused former government surplus property shall include a complete description of the material, the quantity, the name of the government agency from which acquired, and the date of procurement.

(d) An offer to provide used, reconditioned, or re-manufactured products shall include a detailed description of such products and shall be submitted to the contracting officer for written approval.

(e) Used, reconditioned, or re-manufactured products, or unused former government surplus property, may be used in performance if the contractor has proposed the use of such products, and the contracting officer has au-thorized their use.

(END)

2-120 Submission of Invoice OCT 2006

Upon satisfactory completion of the first month of performance under this contract and approval by the con-tracting officer, the contractor may invoice and receive payment for a maximum of twelve months of perform-ance.

(end)

3-25 Protecting the Judiciary's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

MAR 2019

(a) The government (including the judiciary) suspends or debars contractors to protect the government's in-terests. The contractor shall not enter into any subcontract in excess of $35,000 with a contractor that is de-barred, suspended, or proposed for debarment unless there is a compelling reason to do so.

(b) The contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed $35,000, to disclose to the contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the federal government.

(c) A corporate officer or a designee of the contractor shall notify the contracting officer, in writing, before en-tering into a subcontract with a party that is debarred, suspended, or proposed for debarment. The notice shall include the following:

(1) the name of the subcontractor;

(2) the contractor's knowledge of the reasons for the subcontractor being on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs;

(3) the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the List of Parties Excluded From Federal Procurement and Nonprocurement Programs; and

(4) the systems and procedures the contractor has established to ensure that it is fully protecting the judiciary's

FLSDCLERK21-0025 /0002 - Page 9 of 36 interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspen-sion, or proposed debarment.

(d) Subcontracts. Unless this is a contract for commercial items, the contractor shall include the requirements of this clause, including this paragraph (d) (appropriately modified for the identification of the parties), in each subcontract that exceeds $35,000 in value, and is not a subcontract for commercially available off-the-shelf items.

(END)

3-35 Covenant Against Contingent Fees JAN 2003

(a) The contractor warrants that no person or agency has been employed or retained to solicit or obtain this con-tract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the judiciary will have the right to annul or terminate this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) Definitions "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain judiciary contracts nor holds itself out as being able to obtain any judiciary contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the con-tractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain judiciary contracts nor holds out as being able to obtain any judi-ciary contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is con-tingent upon the success that a person or concern has in securing a judiciary contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a judiciary em-ployee or officer to give consideration or to act regarding ajudiciary contract on any basis other than the merits of the matter.

(END)

3-40 Restrictions on Subcontractor Sales to the Judiciary JUN 2014

(a) Except as provided in (b) of this clause, the contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the judiciary of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcon-tracts under this contract which exceed the judiciary's small purchase threshold.

(END)

3-45 Anti-Kickback Procedures JUN 2012

(a) Definitions "Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding fa-vorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States

FLSDCLERK21-0025 /0002 - Page 10 of 36 for the purpose of obtaining products, materials, equipment, or services of any kind.

"Prime contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining products, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime contractor, who offers to fur-nish or furnishes any products, materials, equipment, or services of any kind under a prime contract or a sub-contract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general products to the prime contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcon-tractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. §§ 8701-8707) (the Act), prohibits any person from:

(1) providing or attempting to provide or offering to provide any kickback;

(2) soliciting, accepting, or attempting to accept any kickback; or

(3) including, directly or indirectly, the amount of any kickback in the contract price charged by a prime con-tractor to the United States or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor.

(c) (1) The contractor shall have in place and follow reasonable procedures designed to prevent and detect pos-sible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting office, the head of the contracting office if it does not have an inspector general, or the Department of Justice.

(3) The contractor shall cooperate fully with any federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The contracting officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the prime contractor withhold from sums owed a subcon-tractor under the prime contract the amount of the kickback. The contracting officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the prime contractor shall notify the contracting officer when the monies are withheld.

(5) The contractor agrees to incorporate the substance of this clause, including paragraph (c)(5) but excepting paragraph (c)(1), in all subcontracts under this contract which exceed the judiciary's small purchase threshold.

(END)

3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JUN 2012

(a) If the judiciary receives information that a contractor or a person has engaged in conduct constituting a viol-ation of subsection (a), (b), (c), or (d) of section 27 of the Office of Federal Procurement Policy Act (41 U.S.C.

§§ 2101-2107) (the Act), as amended by section 4304 of the National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), the judiciary may:

(1) cancel the solicitation, if the contract has not yet been awarded or issued; or

(2) rescind the contract with respect to which:

(i) the contractor or someone acting for the contractor has been convicted for an offense where the conduct con-stitutes a violation of subsection 27(a) or

(b) of the Act for the purpose of either:

(A) exchanging the information covered by such subsections for anything of value; or

(B) obtaining or giving anyone a competitive advantage in the award of a judiciary procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the contractor or someone acting for the contractor has engaged in conduct constituting an offense punishable under subsection 27(e)(1) of the Act.

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(b) If the judiciary rescinds the contract under paragraph (a) of this clause, the judiciary is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the judiciary specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

(END)

3-55 Price or Fee Adjustment for Illegal or Improper Activity JUN 2012

(a) The judiciary, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or designee determines that there was a violation of subsection 27(a), (b), or

(c) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. §§ 2101-2107).

(b) The price or fee reduction referred to in paragraph (a) of this clause will be:

(1) for cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award;

(2) for cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwith-standing any minimum fee or "fee floor" specified in the contract;

(3) for cost-plus-award-fee contracts:

(i) the base fee established in the contract at the time of contract award;

(ii) if no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the contractor for each award fee evaluation period or at each award fee determination point.

(4) for fixed-price-incentive contracts, the judiciary may:

(i) reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or

(ii) if an immediate adjustment to the contract target price and contract target profit would have a significant ad-verse impact on the incentive price revision relationship under the contract, or adversely affect the contract fin-ancing provisions, the contracting officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract will be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price will be the total final contract price.

(5) for firm-fixed-price contracts, by 10 percent of the initial contract price or a profit amount determined by the contracting officer from records or documents in existence prior to the date of the contract award.

(c) The judiciary may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the Act by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced.

(d) In addition to the remedies in paragraphs (a) and (c) of this clause, the judiciary may terminate this contract for default. The rights and remedies of the judiciary specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

(END)

3-105 Audit and Records APR 2011

(a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price re-determinable contract, or any combination of these, the contractor shall maintain and the contracting officer, or an authorized representative of the contracting officer, will have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination will include inspection at all reasonable times of the contractor's plants, or parts of them, engaged in performing the contract.

(c) Detailed cost information. If the contractor has been required to submit detailed cost information in connec-tion with any pricing action relating to this contract, the contracting officer, or an authorized representative of the contracting officer, will have the right to examine and audit all of the contractor's records, including compu-tations and projections, related to:

(1) the offer for the contract, subcontract, or modification;

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(2) the discussions conducted on the offer(s), including those related to negotiating;

(3) pricing of the contract, subcontract, or modification; or

(4) performance of the contract, subcontract or modification.

(d) Comptroller General

(1) The Comptroller General of the United States, or an authorized representative, will have access to and the right to examine any of the contractor's directly pertinent records involving transactions related to this contract or a subcontract hereunder.

(2) This paragraph may not be construed to require the contractor or subcontractor to create or maintain any re-cord that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the contractor is required to furnish cost, funding, or performance reports, the contracting officer or an authorized representative of the contracting officer will have the right to examine and audit the supporting records and materials, for the purpose of evaluating:

(1) the effectiveness of the contractor's policies and procedures to produce data compatible with the objectives of these reports; and

(2) the data reported.

(f) Availability. The contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or re-production, until 3 years after final payment under this contract, or for any shorter or longer period required by statute or by other clauses of this contract. In addition:

(1) if this contract is completely or partially terminated, the contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) the contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are fi-nally resolved.

(g) The contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the judiciary's small purchase threshold, and:

(1) that are cost-reimbursement, incentive, time-and-materials, labor-hour, or price re-determinable type or any combination of these;

(2) for which detailed cost information is required; or

(3) that require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the contracting parties and the contracting of-ficer under the judiciary prime contract.

(END)

3-140 Notice to the Judiciary of Labor Disputes JAN 2003

If the contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately give notice, including all relevant informa-tion, to the contracting officer.

(END)

4-35 Execution and Commencement of Work (Letter Contract) JAN 2003

The contractor shall indicate acceptance of this letter contract by signing three copies of the contract and return-ing them to the contracting officer not later than [contracting officer insert date]. Upon acceptance by both parties, the contractor shall proceed with performance of the work, including purchase of necessary materials.

(END)

4-40 Limitation of Judiciary Liability (Letter Contract) JAN 2003

(a) In performing this contract, the contractor is not authorized to make expenditures or to incur obligations ex-ceeding $ [contracting officer inserts limit].

(b) The maximum amount for which the judiciary will be liable if this contract is terminated is $ [contracting officer inserts maximum liability].

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4-45 Contract Definitization (Letter Contract) JAN 2003

(a) A [contracting officer inserts type of contract] definitive contract is contemplated. The contractor agrees to begin promptly negotiating with the contracting officer the terms of a definitive contract that will include:

(1) all judiciary clauses required on the date of execution of the letter contract;

(2) all clauses required by law on the date of execution of the definitive contract; and

(3) any other mutually agreeable clauses, terms, and conditions. The contractor agrees to submit a [insert specif-ic type of offer; e.g., fixed-price or cost-and-fee] offer and cost or pricing data supporting its offer.

(b) The schedule for definitizing this contract is:

(1) Definitization target date [insert date]

(2) Offer submission date [insert date]

(3) Beginning of negotiations date [insert date]

(4) Other appropriate dates [Contracting officer define as appropriate]

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in para-graph (b) of this section, or within any extension of it granted by the contracting officer, the contracting officer may, with the prior written approval of the judiciary Procurement Executive, determine a reasonable price or fee, subject to contractor appeal as provided in the Disputes clause.