SOLICITATIONNoCSP-08-026-ArmoredCarandCashReplenishmentServices(

DISTRICT OF COLUMBIA COURTS

SOLICITATION, OFFER AND AWARD

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: March 24, 2008

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH OPENING DATE: ____________

616 H STREET, N.W., ROOM 622 OPENING TIME: ____________

WASHINGTON, D.C. 20001

SOLICITATION NUMBER: CSP-08-026 CLOSING DATE: April 7, 2008

CLOSING TIME: 3:00 P.M.

OFFER/BID FOR: Armored Car and ATM Cash Replenishment Services MARKET TYPE: Open

TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE (X) SEC. DESCRIPTION PAGE

X A Solicitation/Offer/Award Form 1 X H Special Contract Requirements 25 X B Supplies or Services & Price /Cost 6 X I Contract Clauses 27 X C Description/Specs. Work Statement 13 X J List of Attachments 30 X D Packaging and Marking 18 X K Representation Certificates 31 X E Inspection and Acceptance 19 X L Instructions, Conditions, Notices 34 X F Deliveries and Performance 20 X M Evaluation Factors for Award 45 X G Contract Administration Data 22

OFFER (TO BE COMPLETED BY OFFEROR) Note: In sealed bid solicitations “Offer” and Offeror” mean Bid” and Bidder.”

The undersigned offers and agrees that, with respect to all terms and conditions accepted by the Courts under “AWARD” below, this offer and the provisions of the RFP/IFB will constitute a Formal Contract.

OFFEROR

Name and title of Person Authorized to Sign Offer:

(Type or Print)

Name:

Street:

City, State:

Zip Code:

Signature

(Seal)

Date:

Area Code & Telephone Number:

Impress Corporate Seal

Corporate (Seal)

(Secretary) _____________________________________ (Attest)

AWARD (To be completed by the District of Columbia Courts)

CONTRACT NO._________________________________________________AWARD AMOUNT $____________________________

ACCEPTED AS TO THE FOLLOWING ITEMS:

DISTRICT OF COLUMBIA COURTS

BY:______________________________________

CONTRACTING OFFICER

CONTRACT PERIOD: __________________________________________ _________________________________________

AWARD DATE

All written communications regarding this solicitation should be addressed to the Contracting Officer and should be directed by e-mail to Reginald Ramdat, Contract Specialist at ramdatrn@dcsc.gov

This solicitation is an OPEN MARKET procurement.

REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

1. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of Addenda to the solicitation and related documents numbered and dated as follows:

AMENDMENT

NO.

DATE

AMENDMENT

NO.

DATE

NOTE: Offeror may acknowledge addendum here or on addendum or both.

2. WALSH-HEALY ACT

If your offer is $10,000 or more, the following information MUST be furnished:

(a) Regular Dealer

( ) The Offeror is a Regular Dealer pursuant to Clause 28 of the District of Columbia Courts General Contract Provisions.

( ) The Offeror is not a Regular Dealer pursuant to Clause 28 of the District of Columbia Courts General Contract Provisions.

(b) Manufacturer

( ) The Offeror is a Manufacturer pursuant to Clause 28 of the District of mailto:ramdatrn@dcsc.gov

( ) The Offeror is not a Manufacturer pursuant to Clause 28 of the District of

3. BUY AMERICAN CERTIFICATION

The Offeror hereby certifies that each end product, except the end products listed below, is a domestic end product (as defined in Clause 28 of the District of Columbia Courts General Contract Provisions ), and that components of unknown origin are considered to have been mined, produced, or manufactured outside the United States.

EXCLUDED END PRODUCTS COUNTRY OR ORIGIN

4. OFFICERS NOT TO BENEFIT CERTIFICATION

Each Offeror shall check one of the following:

____ (a) No person listed in Clause 21 of the District of Columbia Courts General Contract Provisions will benefit from this contract.

____ (b) The following person(s) listed in Clause 21 of the District of Columbia

Courts General Contract Provisions may benefit from this contract. For each person listed, attach the affidavit required by Clause 21 of the District of Columbia Courts General Contract Provisions.

5. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

(a) Each signature on the offer is considered to be a certification by the signatory that:

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offer;

(2) The prices in this offer have not been and will not be knowingly disclosed by the Offeror, directly or indirectly, to any other offeror or competitor before offer opening unless otherwise required by law; and

(3) No attempt has been made or will be made by the Offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory;

(1) Is the person in the Offeror’s organization responsible for determining the prices being offered in this offer, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)

(1) through (a) (3) above:

(insert full name or person(s) in the organization responsible for determining the prices offered in this offer and the title of his or her position in the Offeror’s organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b) (2) (1) above have not participated, and will not participate, in any action contrary to subparagraphs (a) (1) through

(a) (3) above; and

(iii) As an agent, has not participated, and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above.

(c) If Offeror deletes or modifies subparagraph (a) (2) above, the Offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

4. TYPE OF BUSINESS ORGANIZATION

Offeror operates as ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, ( ) a corporation, incorporated under the laws of the State of ___________________, ( ) a joint venture, ( ) other.

5. PAYMENT IDENTIFICATION NO.

The District of Columbia Courts utilizes an automated vendor database. All firms are required to submit their Federal Tax Identification Number. Individuals must submit their social security numbers.

Please list below applicable vendor information:

Federal Tax Identification Number:

Or

Social Security Number: ____________________________________________

Dun and Bradstreet Number: _____________________________________________

Legal Name of Entity Assigned this Number: ___________________________________

Street Address and/or Mailing Address: _______________________________________

City, State, and Zip Code: __________________________________________________

Type of Business: _________________________________________________________

Telephone Number: _______________________________________________________

Fax Number: _______________________________________________________

PAYMENTS UNDER TERMS OF ANY CONTRACT RESULTING FROM THIS

SOLICITATION WILL BE HELD IN ABEYANCE PENDING RECEIPT OF A VALID

FEDERAL TAX IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER.

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

B.1 The District of Columbia Courts are seeking a qualified Contractor to provide Armored Car and ATM Cash Replenishment services at the locations specified below.

B.2 The offeror shall submit a price for the Base Year and all Option Years for the services specified below and in accordance with Section C, Scope of Services, of this Request for Proposals (RFP).

B.3 BASE YEAR CONTRACT PRICE:

Location Frequency Monthly Rate Annual Rate

Clin 001 Family/Criminal Finance Mon-Fri $ $ Branch, Room 4203 500 Indiana Avenue, NW Room 4203

Washington, DC 20001

Clin 002 Family Central Intake Mon-Fri $ $ Room JM 250 500 Indiana Avenue, NW Washington, DC 20001

Clin 003 Civil Action Mon-Fri $ $ Room JM170 500 Indiana Avenue, N.W.

Washington, DC 20001

Clin 004 Landlord & Tenant Mon-Fri $ $ Room 120 409 E Street, N.W.

Clin 005 Small Claims Mon-Fri $ $ Room 110

Clin 006 Probate Division Mon-Fri $ $ Room 314

515 5th Street, N.W.

Clin 007 ATM Services Mon $ $ (Cash Replenishment every Monday only) 500 Indiana Avenue, NW 3rd Floor (Close to Room 3100)

Clin 008 ATM Services Mon $ $ Cash Replenishment every Monday only) 500 Indiana Avenue, NW 3rd floor (Close to Room 3130)

Clin 009 One time total Transition Cost $

GRAND TOTAL $

B.4 OPTION YEAR 1 CONTRACT PRICE

500 Indiana Avenue, NW

500 Indiana Avenue, NW Washington, DC 20001

Clin 003 Civil Action Mon-Fri $ $ Room JM170 500 Indiana Avenue, N.W.

Washington, DC 20001

Clin 004 Landlord & Tenant Mon-Fri $ $ Room 120 every Monday only) 500 Indiana Avenue, NW every Monday only) 500 Indiana Avenue, NW

B.5 OPTION YEAR 2 CONTRACT PRICE

500 Indiana Avenue, NW

500 Indiana Avenue, NW Washington, DC 20001

Clin 003 Civil Action Mon-Fri $ $ Room JM170 500 Indiana Avenue, N.W.

Washington, DC 20001

Clin 004 Landlord & Tenant Mon-Fri $ $ Room 120 every Monday only) 500 Indiana Avenue, NW every Monday only) 500 Indiana Avenue, NW

B.5 OPTION YEAR 3CONTRACT PRICE

500 Indiana Avenue, NW

500 Indiana Avenue, NW Washington, DC 20001

Clin 003 Civil Action Mon-Fri $ $ Room JM170 500 Indiana Avenue, N.W.

Washington, DC 20001

Clin 004 Landlord & Tenant Mon-Fri $ $ Room 120

Clin 005 Small Claims Mon-Fri every Monday only) 500 Indiana Avenue, NW every Monday only) 500 Indiana Avenue, NW

B.7 OPTION YEAR 4 CONTRACT PRICE

500 Indiana Avenue, NW

500 Indiana Avenue, NW Washington, DC 20001

Clin 003 Civil Action Mon-Fri $ $ Room JM170 500 Indiana Avenue, N.W.

Washington, DC 20001

Clin 004 Landlord & Tenant Mon-Fri $ $ Room 120

515 5th Street, N.W.

Washington, DC 20001

Clin 007 ATM Services Mon $ $ (Cash Replenishment every Monday only) 500 Indiana Avenue, NW every Monday only) 500 Indiana Avenue, NW 3rd floor (Close to Room 3130)

B.8 BACKGROUND

B.8.1 The District of Columbia Courts (“DC Courts”) consisting of the Court of

Appeals, the Superior Court, and the Court System, constitute the Judicial Branch of the District of Columbia Government, and are separate and distinct from the Executive and Legislative Branches. The organization and operation of the District of Columbia Courts, a completely unified court system, are described in detail in the District of Columbia Court Reform and Criminal Procedure Act of 1970, which also established the policy-making body of the DC Courts, the Joint Committee on Judicial Administration.

B.8.2 The mission of the DC Courts is to provide fair, swift, and accessible justice;

enhance public safety; and to promote trust and confidence in the justice system.

Effective October 1, 1997, the “National Capital Revitalization and Self Government Improvement Act of 1997” (Revitalization Act) effected major changes in the funding process for the DC Courts. Under the Revitalization Act, the Federal Government assumed responsibility for the funding of the DC Courts directly. However, for financial statement purposes, the Courts must comply with pronouncements of the Governmental Accounting Standards Board (GASB), which promotes accounting standards for state and local governments.

B.8.3 The Courts collect fees, fines, forfeitures, escrow monies from customers, and receive grant funds from the District of Columbia and Federal governments. The funds are deposited in the Courts’ bank accounts.

B.8.4 The Courts are soliciting proposals for armored car services and products that are described in the scope of services. The Courts are interested in examining the prospective armored car industry pickup services and associated costs. Offerors are encouraged to attach pricing for each service to be provided.

B.8.5 In addition, the Courts are especially interested in various technological advances and pilots that could improve our banking and customer service capabilities, particularly in the areas of account reconciliations, efficient and effective processing of monies picked up from our various locations.

B.8.6 The Courts seek an armored car company that demonstrates a strong commitment to customer service by its pickup services and products in addition to cost savings.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 The Contractor shall provide Armored Car and Cash Replenishment Services at the locations specified in PART 1, SECTION B, Clause B.3.

C.2 TAB A – Armored Car Cash Pickup Services

C.2.1 The Contractor shall pickup monies on Mondays through Fridays from the six (6) locations specified in PART 1, SECTION B, Clause B.3 and securely transport it to the Courts’ designated banking institution located in the District of Columbia.

Additional pickup locations may be added in the near future.

C.2.2 The Offeror shall describe the following in its response:

a. How would the offeror service these locations to allow for timely pickup of monies and at what time will pickup occur?

b. What type of document would the offeror provide to Courts’ staff at each location when monies are picked up to indicate receipt by the offeror?

c. What type of document do you expect to receive from the bank to indicate that the bank has assumed custody of the money bags?

d. When will monies picked up arrive at the bank and custody changed from you to the bank?

C.3 TAB – B Cash Replenishment (ATM) Services

C.3.1 The Contractor shall replenish the cash on Mondays through Fridays for the Courts two (2) Automated Teller Machines (ATM) at the locations specified in PART 1, SECTION B, Clause B.3. Additional cash replenishment locations may be added in the near future The Courts will arrange for withdrawals of currency every two weeks from the Courts’ Juror Fees bank account and the currency will be delivered and used to replenish the two Juror ATM machines located at the District of Columbia Courts. The pickup and replenishing of the ATM will be performed by the armored car services company. The armored car services company shall provide reports confirming all replenishments, including reports to verify any and withdrawals and deposits made from/to the ATM machines.

C.3.2 The Offeror shall describe the following in its response:

a. Describe any previous and current experience in cash replenishment of automated systems such as the ATM.

a. At what time will currency be picked up at the bank and at what time will it arrive at the Courts?

b. How long will it take to replenish the ATM when the currency arrives at the Courts?

c. What types of documentations are used to confirm withdrawals from and/or deposits made to ATMs by the armored car service.

C.4 TAB C – Understanding the Requirements

C.4.1 The offeror shall describe its understanding of the work to be performed and why the offeror is the best qualified to perform the services required.

C.5 TAB D – Company Profile

C.5.1 The Offeror shall describe the following in its response:

a. Armored Car Company Overview. General overview of the armored car company’s customer service philosophy and identification of the primary office or branch that the Courts will be assigned to.

b. Experience. The armored car’s direct experience in servicing public sector clients. The armored car company’s knowledge of and adherence to the District of Columbia Government code and applicable laws.

c. Disaster Recovery Plan. Describe the armored car company’s disaster recovery plan in place in the event of a system’s failure.

C.6 TAB E – Transition Plan

C.6.1 The Courts require a smooth and low-cost transition plan to a new armored car services provider. The Offeror shall describe the following in its response:

a. Describe an overall plan to ensure a smooth transition from the current armored car service provider.

b. Detail all costs and responsible party (Courts or armored car company) in connection with the transition. State a specific dollar amount or identify those supplies, products, or services included or not included.

c. Discuss any training program required to ensure smooth transition. How is this structured?

d. Provide a time table for the transition period.

C.7 TAB – F Change Order Service

C.7.1 The Courts occasionally needs to replenish its change fund to be able to provide change to customer.

C.7.2 The Offeror shall describe the following in its response:

a. Do you provide change order services?

b. What is your process for providing change delivery for an organization that operates multiple locations?

C.8 TAB –G Reconciliation

C.8.1 The Courts performs reconciliation of the ATM withdrawals and replenishments and would require certain information from the bank and the armored car provider to accomplish the task.

C.8.2 The Courts also maintains pickup and delivery logs of monies picked up and delivered to the bank and would require certain information from the armored car provider to accomplish the task.

C.8.3 The Offeror shall describe the following in its response:

a. The armored car provider’s policy for meeting the Courts’ reconciliation and record keeping needs?

b. What type of data or statistical reports would the Armored Car provider furnish the Courts to enable it meet this need?

C.9 TAB H – Web Access or equivalent

C.9.1 The Courts are interested in further automating its banking and money pickup process by utilizing any available technology to accomplish this goal.

C.9.2 The Offeror shall describe the following in its response:

a. In detail any modern technology that you now utilize that could enable the Courts to quickly access pickup and deliver reports of the armored car services.

C.10 TAB I – Liability Insurance and Bonding

C.10.1 The Courts require that the armored car provider be bonded and carry sufficient amount of liability insurance to cover loses.

C.10.2 The Offeror shall describe the following in its response:

a. In detail and provide evidence of bonding and liability insurance subscribed to.

b. The process or reporting mechanism through which the armored car service company will provide proof of current insurance limits.

C.11 TAB J – Problems and Resolutions

C.11.1 The Offeror shall describe the following in its response:

a. The Armored Car provider’s policy in resolving issues/problems with its clients and or the bank in regards to the following:

1. Money not picked up as scheduled.

2. Late arrival at the client’s location or at the bank

3. Customer service complaints.

C.12 TAB K – Required Exhibits

C.12.1 The offeror shall include the following exhibits with its response:

a. Exhibit 1: Provide a sample of the daily manifest used when money is picked up and delivered to the bank or to the Courts.

b. Exhibit 2: Provide a sample of a weekly or monthly report for replenishing ATMs.

C.13 TAB L – Minimum Qualification Requirements

C.13.1 To be considered for selection, the offeror must meet the following qualifications:

a. Be a Federal or District of Columbia chartered company with full permission to do business in the District of Columbia. (Offeror shall provide documentation/proof with their response).

b. Be bonded with adequate liability insurance coverage. (Offeror shall provide documentation/proof with their response).

PART 1

SECTION D - PACKAGING AND MARKING

This section is not applicable to this solicitation.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.1.1 DEFINITIONS: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

E.1.2 The Contractor shall provide and maintain an inspection system acceptable to the

District of Columbia Courts covering the services furnished under this contract.

Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Courts during contract performance and for as long as the contract requires.

E.1.3 The District of Columbia Courts have the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The District of Columbia Courts shall perform inspections and test in a manner that will not unduly delay the work.

E.1.4 If the District of Columbia Courts perform inspections or test on the premises of the Contractor or subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in the contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

E.1.5 If any of the services do not conform with the contract requirements, the District of Columbia Courts may require the Contractor to perform the services again in conformity with the contract requirements, at no increase in the contract amount.

When the defects in services cannot be corrected by reperformance, the Courts may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

E.1.6 If the Contractor fails to promptly perform the services again or take the necessary action to ensure future performance in conformity with the contract requirements, the District of Columbia Courts may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the District of Columbia Courts that is directly related to the performance of such service or

(2) terminate the contract for default.

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Term of Contract.

F.1.1 The term of the contract shall be for one (1) year from the date of award. The date of award shall be the date the Contracting Officer signs the contract document.

F.1.2 Commencement of Work.

The Contractor shall commence work on the contract award date.

F.1.3 Option Period:

The District of Columbia Courts may, in its sole discretion, extend the term of this contract for an additional four (4) one (1) year period or, or a fraction, or multiple fractions thereof.

F.1.3.1 Option to Extend the Term of the Contract:

The District of Columbia Courts may extend the term of this contract for four (4) one (1) year period, or a fraction, or multiple fractions thereof, by written notice to the Contractor before the expiration of the contract; provided that the District of Columbia Courts shall give the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the District of Columbia Courts to an extension. The exercise of this option is subject to the availability of funds at the time of the exercise of this option. The Contractor may waive the 30 day preliminary notice requirement by providing a written waiver to the Contracting Officer prior to expiration of the contract.

If the District of Columbia Courts exercise this option, the extended contract shall be considered to include this option provision. The exercise of any option under this contract is contingent upon the appropriation of funds for the respective option period. However, the availability of funds does not obligate the District of Columbia Courts to exercise this option year.

The offeror shall include in its price proposal, the price for the base year and all option years. Failure to submit price for base year and all option years may cause the Courts to exclude your offer from further consideration.

The total duration of this contract including the exercise of any options under this clause, shall not exceed five years.

F.4 Deliverables.

All Deliverables shall be in a form and manner acceptable to the Courts. The

Contractor shall provide to the Contracting Officer’s Technical Representative (COTR) the deliverables specified below within the designated time frames:

(a) Manifest detailing pickup time, amount, bag number and name of armored car personnel who picked up the bag. The manifest shall be submitted to the Courts at the time of each pick-up.

(b) Report stating when monies reached the bank and who signed for it shall be submitted to the Courts by the next business day after each transaction.

(c) Report detailing how much fund was refilled or removed from the ATM machines shall be submitted to the Courts within two (2) business day after each transaction.

SECTION G -CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices.

The Contractor shall be compensated at the established unit price. The Contractor shall invoice the Courts on a monthly basis at the established unit. The Contractor shall prepare invoices in duplicate and submit them to the Contracting Officer’s Technical Representative (COTR) within thirty (30) days after the end of each month. The COTR shall review each invoice for certification of receipt of satisfactory services prior to authorization of payment.

Payments shall be made within 30 days after receipt and approval of invoices.

G.1.2 At a minimum, to constitute a proper invoice, the Contractor's invoice shall include the following information:

a. Name and address of the Contractor;

b. The contract number and Contract Order number;

c. Invoice date;

d. Description, quantity, unit of measure, and extended price of the services of supplies actually rendered;

e. Date the services or supplies were rendered;

f. Shipping & payment terms;

g. Name and address of the Contractor official to whom payment is to be sent;

h. Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice;

i. The Contractor’s Electronic Fund Transfer (EFT) routing identification

(bank name and code, account number) or the Contractor's complete remittance or check mailing address, including the name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent; and

j. Signature of a person so authorized to certify that the services or supplies were provided as stated.

G.1.3 The Contractor shall submit final invoices within thirty (30) days after the expiration of this contract.

G.1.4 In addition, the Contractor shall complete Attachment J.9 - District of

Columbia Courts Release of Claims form and submit to the Contracting Officer.

G.2. Payment Office.

G.2.1 The Contractor shall prepare and submit invoices to:

Accounting Supervisor Financial Operations Division D.C. Superior Court 616 H Street, N.W., Suite 600 Washington, D.C. 20001

202-879-2813

G.3 Billing/Payment.

G.3.1 Payment to the Contractor for services satisfactorily performed shall be made by the Courts once the Contractor’s certified invoice has been approved by the Contract Administrator, or in the case of a dispute, subject to final determination by the Contracting Officer.

G.4 Audits.

G.4.1 At any time or times before final payment and three (3) years thereafter, the

Contracting Officer may have the Contractor’s invoices or vouchers and statements of costs audited. Any payment may be reduced by amounts found by the Contracting Officer not to constitute allowable costs as adjusted for prior overpayment or underpayment. In the event that all payments have been made to the Contractor by the Courts and a discrepancy of overpayment is found, the Courts shall be reimbursed for said overpayment within thirty (30) days after written notification.

G.5 Contracting Officer and Contracting Officer’s Technical Representative

(COTR).

G.5.1 Contracting Officer. The District of Columbia Superior Court Contracting Officer who has the appropriate contracting authority is the only Courts official authorized to contractually bind the Courts through signing contract documents.

All correspondence to the Contracting Officer shall be forwarded to:

Louis W. Parker Administrative Officer

Administrative Services Division District of Columbia Courts 616 H Street, N.W., Suite 622 Washington, D.C. 20001 Telephone Number: (202) 879-2803

Facsimile Number: (202) 879-2835

G.5.2 Contracting Officer’s Technical Representative (COTR): The COTR is responsible for general administration of the contract and advising the Contracting Officer as to the Contractor’s performance or non-performance of the contract requirements. In addition, the COTR is responsible for the day-to-day monitoring and supervision of the contract. The COTR shall be:

Cyril Erugo

Superior Court of the District of Columbia 500 Indiana Ave, NW, Room. 4203

202.879.1043

G.6 Authorized Representative of the Contracting Officer.

G.6.1 The COTR will have the responsibility of ensuring that the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in this contract. It is understood and agreed that the COTR shall not have authority to make changes in the scope or terms and conditions of the contract.

G.6.2 THE RESULTANT CONTRACTOR IS HEREBY FOREWARNED THAT

ABSENT THE REQUISITE AUTHORITY OF THE CONTRACT

ADMINISTRATOR TO MAKE ANY SUCH CHANGES, CONTRACTOR

MAY BE HELD FULLY RESPONSIBLE FOR ANY CHANGES NOT

AUTHORIZED IN ADVANCE, IN WRITING, BY THE CONTRACTING

OFFICER, MAY BE DENIED COMPENSATION OR OTHER RELIEF

FOR ANY ADDITIONAL WORK PERFORMED THAT IS NOT SO

AUTHORIZED, AND MAY BE ALSO BE REQUIRED, AT NO

ADDITIONAL COST TO THE COURTS, TO TAKE ALL CORRECTIVE

ACTION NECESSITATED BY REASON OF THE UNAUTHORIZED

CHANGES.

SECTION H - SPECIAL CONTRACTS REQUIREMENTS

H.1 Other Contractors.

The Contractor shall not commit or permit any act which will interfere with the performance of work done by any other Courts Contractor or by any Courts employee. If another contractor is awarded a future contract for performance of the required services, the original contractor shall cooperate fully with the Courts and the new contractor in any transition activities which the Contracting Officer deems necessary during the term of the contract.

H.2 Disclosure of Information.

H.2.1 Any information made available by the District of Columbia Courts shall be used only for the purposes of carrying out the provisions of this contract, and shall not be divulged nor made known in any manner to any person except as may be necessary in the performance of the contract.

H.2.2. In performance of this Contract, the Contractor agrees to assume responsibility for protection of the confidentiality of Courts records and that all work shall be performed under the supervision of the Contractor or the Contractor’s responsible employees.

H.2.3 Each office or employee of the Contractor to whom information may be available or disclosed shall be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions.

H.2.4 No information regarding the Contractor’s performance of the contract shall be disclosed by the Contractor to anyone other than the District of Columbia Courts officials unless written approval is obtained in advance from the Contracting

H.3 Rights in Data.

H.3.1 "Data" as used herein, means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost and pricing, or management information.

H.3.2 The term "Technical Data" as used herein, means recorded information regardless of form or characteristic. It may, for example, document research, experimental, developmental work, or be used to define a design or process to produce, support, maintain, or update material or documentation. The data may be character, graphic or pictorial delineation in media such as drawings or photographs, text, or related design or performance type documentation. Examples of technical data include research data, documentation drafts, lists, specifications, profiles, standards, process sheets, manuals, and technical reports.

H.3.3 The term "Computer Software" as used herein, means all computer programs and relational computer databases, "Computer Programs" as used herein are defined as a series of instructions or statements in a form acceptable to a computer, designed to cause the computer to execute an operation or operations. Computer programs include operating systems, assemblers, compilers, interpreters, database management systems, utility programs, sort/merge programs, and automatic data processing equipment (ADPE) maintenance diagnostic programs.

H.3.4 All data first produced in the performance of any contract resulting from this solicitation process shall be the sole property of the District of Columbia Courts.

The offeror hereby acknowledges that all data, including, without limitation, produced by the offeror for the process, are works made for hire and are the sole property of the District of Columbia Courts; but, to the extent any such data may not, by operation of law, be works made for hire, the Contractor shall transfer and assign to the Courts the ownership of copyright in works, whether published or unpublished. Further, the Contractor agrees to give the Courts all assistance reasonably necessary to perfect such rights, including but not limited to the works and supporting documentation and the execution of any instrument required to register copyrights. The Contractor agrees not to assert any rights at common law or in equity in such data. The Contractor shall not publish or reproduce such data in whole or in any manner or form, authorize others to do so, without written consent of the District of Columbia Courts until such time as the Courts may release such data to the public domain. The Courts shall not unreasonably withhold consent to the offeror's request to publish or reproduce data in professional or public relations trade publications.

H.4 Security Clearance.

The Contractor’s personnel shall be subject to the Courts’ security clearance process.

PART II

SECTION I - CONTRACT CLAUSES

I.1 Applicability of General Provisions Applicable to the D.C. Courts Contracts.

The General Provisions Applicable to D.C. Courts Contracts (Attachment J. 1) shall be applicable to the contract resulting from this solicitation.

I.2 Restriction On Disclosure and Use of Data.

Offerors who include in their proposals data that they do not want disclosed to the public or used by the Courts except for use in the procurement process shall so state in their proposal.

I.3 Ethics in Public Contracting.

The Offeror shall familiarize itself with the Court's policy entitled "Ethics In Public Contracting". The offeror shall abide by such provisions in submission of its proposal and performance of any contract awarded. See Attachment J.3.

I.4 Disputes.

Any dispute arising under or out of this contract is subject to the provisions of Chapter 8 of the Procurement Guidelines of the District of Columbia Courts.

I.5 Laws and Regulations.

All applicable laws, Courts rules, procurement guidelines and regulations shall apply to the contract throughout, and they will be considered to be included in the contract the same as though herein written out in full.

I.6 Non-Discrimination.

The Contractor agrees that it will comply with the nondiscrimination requirements set forth in D.C. Code, Section 2-1402.11( Supp. 2006) which will be incorporated into any contract awarded. The Contractor agrees to comply with requests from the Courts to support the Contractor's adherence to this section.

I.7 Examination of Books and Records.

The Contracting Officer or any of the Contracting Officer’s duly authorized representatives shall, until three years after final payment, have the right to examine any directly pertinent books, documents, papers and record of the Contractor involving transactions related to the contract.

I.8 Record Keeping.

The Contractor shall be expected to maintain complete and accurate records justifying all actual and accrued expenditures. The Contractor’s records shall be subject to periodic audit by the Court.

I.9 Subcontracts.

None of the Contractor’s work or services hereunder may be subcontracted by the Contractor to any subcontractor without the prior, written consent of the Contracting Officer. Any work or service so subcontracted shall be performed pursuant to a subcontract agreement which the Courts shall have the rights to review and approve prior to its execution. Notwithstanding any such subcontractor approved by the Court, the Contractor shall remain liable to the Courts for all contractors’ work and services required hereunder.

I.10 Protest.

I.10.1 Any aggrieved person may protest this solicitation, award or proposed contract award in accordance with Chapter 8 of the Procurement Guidelines of the District of Columbia Courts. Protest shall be filed in writing, within ten (10) working days after the basis of the protest is known (or should have been known), whichever is earlier with the Contracting Officer at:

I.10.1.1 Administrative Services Division

District of Columbia Courts 616 H Street, N.W., Suite 622 Washington, D.C. 20001

I.10.2 A protest shall include the following:

I.10.2.1 Name, address and telephone number of the protester;

I.10.2.2 solicitation or contract number;

I.10.2.3 Detailed statement of the legal and factual grounds for the protest, including copies of relevant documents;

I.10.2.4 Request for a ruling by the Contracting Officer; and

I.10.2.5 Statement as to the form of relief requested.

I.11 Insurance.

I.11.1 Prior to execution of the contract, the Contractor shall obtain at its own cost and expense and keep in force and effect during the term of this contract, including all extensions, the insurance specified below with an insurance company licensed or qualified to do business with the District of Columbia Courts. All insurance shall set forth the District of Columbia Courts as an additional insured. The policies of insurance shall provide for at least thirty (30) day written notice to the District of Columbia Courts prior to their termination or material alteration. The Contractor must submit to the Contracting Officer a certificate of insurance as evidence of compliance within ten (10) calendar days after request.

I.11.2 Comprehensive General Liability: Insurance against liability for bodily injury insurance coverage in the amount of at least five hundred thousand dollars ($500,000) per occurrence.

I.11.3 Workers' Compensation: The Contractor shall carry Workers’ compensation insurance covering all of its employees employed upon the premises and in connection with its other operations pertaining to this agreement and the Contractor agrees to comply at all times with the provisions of the Workers compensation laws of the District.

I.11.4 Comprehensive Automobile Liability Insurance (applicable to owned, non-owned and hired vehicles): The Contractor shall carry comprehensive automobile liability insurance applicable to owned, non-owned, and hired vehicles against liability for bodily injury and property damage in an amount not less than that required by law of the District’s Compulsory/No-Fault Vehicle Insurance Act of 1982, as amended.

I.12 Cancellation Ceiling.

I.12.1 In the event of cancellation of the contract because of nonappropriation for any fiscal year after fiscal year 2008, there shall be a cancellation ceiling of zero dollars representing reasonable preproduction and nonrecurring costs, which would be applicable to the items or services being furnished and normally amortized over the life of the contract.

PART III

LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 General Provisions Applicable to D.C. Courts Contracts

J.2 Anti-Collusion Statement

J.3 Ethics in Public Contracting

J.4 Non-Discrimination

J.5 Certification of Eligibility

J.6 Tax Certification Affidavit

J.7 Certification Regarding a Drug-Free Workplace

J.8 District of Columbia Courts Release of Claims

J.9 Past Performance Evaluation Form

PART IV

REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF OFFERORS

K.1 Certification Regarding a Drug-Free Workplace.

K.1.1 Definitions. As used in this provision:

K.1.1.1 "Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C.) and as further defined in regulation at 21 CFR 1308.11 - 1308.15.

K.1.1.2 "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

K.1.1.3 "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.

K.1.1.4 "Drug-free workplace" means the site (s) for the performance of work done by the

Contractor in connection with a specific contract at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

K.1.1.5 "Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct costs employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance.

K.1.1.6 "Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor.

K.1.2 By submission of its offer, the offeror, if other than an individual who is making an offer that equals or exceeds $25,000.00, certifies and agrees, that with respect to all employees of the offeror to be employed under a contract resulting from this solicitation, it will - no later than 30 calendar days after contract award (unless a longer period is agreed to in writing), for contracts of 30 calendar days or more performance duration, or as soon as possible for contract of less than 30 calendar days performance duration, but in any case, by a date prior to when performance is expected to be completed.

K.1.2.1 Publish a statement notifying such employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

K.1.2.2 Establish an ongoing drug-free awareness program to inform such employees about -

(i) The dangers of drug abuse in the workplace;

(ii) The Contractor's policy of maintaining a drug-free workplace;

(iii) Any available drug counseling, rehabilitation, and employee assistance program; and

(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

K.1.2.3 Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph K.1.2.1 of this provision;

K.1.2.4 Notify such employees in writing in the statement required by subparagraph

K.1.2.1 of this provision that, as a condition of continued employment on the contract resulting from this solicitation, the employee will

(i) Abide by the terms of the statement; and

(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction;

K.1.2.5 Notify the Contracting Officer in writing within 10 calendar days after receiving notice under subdivision K.1.2.4 (ii) of this clause, from an employee or otherwise receiving actual notice of such conviction;

K.1.2.6 The notice shall include the position title of the employee; and

K.1.2.7 Within 30 calendar days after receiving notice under subdivision K.1.2.4 (ii) of this provision of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

(i) Take appropriate personnel action against such employee, up to and including termination; or

(ii) Require such employee to satisfactorily participate in drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

K.1.2.8 Make a good faith effort to maintain a drug-free workplace though implementation of subparagraphs K.1.2.1 through K.1.2.6 of this provision.

K.1.3 By submission of its offer, the offeror, if an individual who is making an offer of any dollar value, certifies and agrees that the offeror will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the contract resulting from this solicitation.

K.1.4 Failure of the offeror to provide the certification required by paragraphs K.1.2 or

K.1.3 of this provision, renders the offeror unqualified and ineligible for award.

(See FAR 9.104-1(g) and 19-602-1(a)(2) (i) and (ii).

K.1.5 In addition to other remedies available to the Government, the certification in paragraphs K.1.2 or K.1.3 of this provision concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.

K.1.6 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE

Print Name of Authorized Title

Representative

Signature of Authorized Representative

PART IV

REPRESENTATIONS AND INSTRUCTIONS

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 Proposal Submission and Identification.

L.1.1 The District of Columbia Courts will not accept a facsimile copy of a proposal as an original. Unless specifically authorized in the solicitation, the District of Columbia Courts shall not accept telegraphic offers.

L.1.2 The offeror shall conspicuously mark on the outside of the proposal package the name and address of the offeror and the following:

Solicitation Number: CSP-08-026 Caption: “Armored Car and Cash Replenishment Services” Proposal Due Date & Time: April 7, 2008, No later than 3:00 P.M.

L.1.3 Confidentiality of Submitted Information.

L.1.3.1 Offerors who include in their proposals data that they do not want disclosed to the public or used by the District of Columbia Courts except for use in the procurement process shall mark the title page of the proposal document with the following legend:

L.1.3.1.1 "This proposal includes data that shall not be disclosed outside the District of

Columbia Courts and shall not be duplicated, used or disclosed in whole or in part for any purpose except for use in the procurement process."

L.1.3.2 The specific information within the proposal which the offeror is making subject to this restriction announced on the title page must be noted on the individual pages which contain it. The offeror shall mark each page containing confidential information or data it wishes to restrict with the following text:

L.1.3.2.1 "Use or disclosure of data contained on this page is subject to the restriction on the title page of this proposal".

L.1.3.3 Note that the District of Columbia Courts shall have the right to duplicate, use, or disclose the data to the extent consistent with the Court’s internal needs in the procurement process. The Courts may, without permission of the offeror, use, without restriction, information contained in this proposal package if it is obtained from another source.

L.1.4 Offerors may submit Proposals either by mail or by hand delivery/courier

L.1.4.1 Offerors submitting their proposals by mail must mail their proposals to the following address:

Administrative Services Division Procurement and Contracts Branch Attn: Reginald Ramdat, Contract Specialist 616 H Street, N.W., Suite 622

L.1.4.2 Offerors submitting their proposals by hand delivery/courier services must hand deliver their proposals to the following address:

Administrative Services Division Procurement and Contracts Branch Attn: Reginald Ramdat, Contract Specialist 701 7th Street, N.W., Suite 622

L.2 Proposal Information and Format.

L.2.1 At a minimum, each proposal submitted in response to this RFP shall include sections, as set forth below, which address the approach for the work described in Section "C" - Description/Specifications/Work Statement. The proposal shall include the requisite legal representations, resources which will directly be employed in the project, client references, and a description of similar services provided by the offeror and its key personnel. Failure to address adequately any of these areas may result in the proposal being eliminated from consideration for award.

L.2.2 Proposals shall be prepared simply and economically, providing a straightforward, concise delineation of offeror’s capabilities to satisfy the requirements of this RFP. Fancy bindings and colored displays or promotional material are not desired or preferred, but pages must be numbered. The proposal shall be prepared in two volumes. These shall be submitted in loose-leaf, three-ring notebooks for each copy of Volume I – Technical Proposal, and for each copy of Volume II - Price Proposal. See also, clause L.2.7 – Price Proposal.

L.2.2.1 Volume I - Technical Proposal shall comprise the following tabs:

Tab A Armored Car Cash Pickup Services

Tab B Cash Replenishment (ATM) Services

Tab C Understanding of the courts Requirements

Tab D Company Profile

Tab E Transition Plan

Tab F Change Order Service

Tab G

Reconciliation

Tab H Web Access or Equivalent

Tab I Liability Insurance & Bonding

Tab J Problems & Resolutions

Tab K Required Exhibits

Tab L Minimum Qualifications Requirements

L.2.2.2 Volume II – Price Proposal shall comprise the following tabs:

Tab A Price Information -detailed price breakdown of all price (See also, clause L.2.7)

Tab B Contractual Information – all completed/required forms

L.2.2.3 Each offeror shall submit one completed copy of the RFP, one (1) original and five (5) copies of the…