DCCourts Workstation Refresh RFPCSP-08-062 - OFFICIAL.pdf

DISTRICT OF COLUMBIA COURTS

REQUEST FOR PROPOSAL

FOR SUPPLIES OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: July 15, 2008

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH

616 H STREET, N.W., SUITE 612

WASHINGTON, D.C. 20001

CLOSING DATE: August 19, 2008 _________

RFP SOLICITATION NUMBER: CSP-08-062 CLOSING TIME: 3:00 P.M.

[XP Workstation Refresh Project]

UNRESTRICTED COMPETITION: OPEN MARKET

TABLE OF CONTENTS

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

X A Solicitation/Offer/Award Form 1 X H Special Contract Requirements 23 X B Supplies or Services and Price/Cost 6 X I Contract Clauses 25 X C Description/Specs. Work Statement 8 X J List of Attachments 28 X D Packaging and Marking 17 X K Representation Certificates 29 X E Inspection and Acceptance 18 X L Instructions, Conditions, Notices 33 X F Deliveries and Performance 19 X M Evaluation Factors for Award 42 X G Contract Administration Data 20

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

CSP-08-062

All written communications regarding this solicitation should be addressed to Mr. Louis Parker, Contracting Officer and directed to Jeffrey.Petrino@dcsc.gov Telephone: 202-879-2886 or – 2872 or -7573. Fax: 202-879-7575 See L.4 on page 38.

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 DC Courts General Contract Provisions, April 2007.

( ) The Offeror is not a Regular Dealer pursuant to Clause 28 of the

DC Courts General Contract Provisions, April 2007.

(b) Manufacturer

( ) The Offeror is a Manufacturer pursuant to Clause 28 of DC Courts

( ) The Offeror is not a Manufacturer pursuant to Clause 28 of DC Courts

3. OFFICERS NOT TO BENEFIT CERTIFICATION

Each Offeror shall check one of the following:

____ (a) No person listed in Clause 21 of the DC Courts General Contract

Provisions, April 2007 will benefit from this contract.

____ (b) The following person(s) listed in Clause 21 of the DC Courts General Contract Provisions, April 2007 may benefit from this contract. For each person listed, provide information that the offeror believes would support the determination required by Clause 21.

4. 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 principles 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) (i) 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 deleted 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.

5. TYPE OF BUSINESS ORGANIZATION

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

6. 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: ____________________________________________

Legal Name of Entity Assigned this Number: ___________________________________

Street Address and/or Mailing Address: _______________________________________

City, State, and Zip Code: __________________________________________________

Type of Business: _________________________________________________________

Telephone 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 Contractor shall furnish and install computer workstations, perform all services, and provide a managed deployment as described in Section C, Description/Specifications/Work Statement during the period of performance stated in Section F of the contract. The primary objective is the improvement of Information Technology Services to the End-User Community of the District of Columbia Courts through the acquisition and deployment of state-of-the art desktop workstations. This shall be accomplished through a phased-in managed deployment of desktop workstations meeting the stated requirements.

B.2 CONTRACT PRICE:

Description Definite Unit Total Quantity Unit Price Price

Workstation 1300 Each $ $_____ Refresh 1

Holding Warehouse 6 Month $____ $_____

Managed Deployment 1300 Each $____ $_____ and all other Services

Total Minimum Requirement $_____

Estimated Unit Total Quantity Unit Price Price

Workstation 200 Each $____ $_____ Refresh 2

Managed Deployment 200 Each $____ $_____ and all other Services

Total Additional Requirement $_____

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

B.3 OVERALL NEEDS

B.3.1 The D.C. Courts are currently in need of replacing a minimum of 1300 computer workstations throughout the Court campus that is comprised of 4 separate building entities (Moultrie Courthouse – 500 Indiana Avenue, N.W., Buildings A – 515 5th Street, N.W.; Building B – 510 4th Street, N.W.; and Gallery Place offices – 616 H Street, N.W.) and in four distinct Field Units utilized by Social Services located in the four quadrants of the city.

B.3.2 The locations of the Field Units are: North West Field Unit – 1724 Kalorama

Road, NW., Northeast Field Unit - 401 New York Avenue, NE., Southeast Field Unit – 2200 Martin Luther King, Jr. Avenue, SE., and Southeast Hospital – 1328 Southern Avenue, SE. In addition to providing 1300 workstations, the Contractor shall provide a managed deployment and all services required by the contract for the implementation of these workstations during the period of performance stated in Section F of the contract. The Courts shall provide the Contractor with an image for loading in the workstations prior to deployment.

B.3.3 After the completion of the definite need stated in B.3.1, the Contractor shall provide up to an additional 200 workstations subject to the Contractor’s receipt of order(s) for the additional quantities. The Contractor shall also perform the same services required by the contract for the initial deployment of the 1300 workstations, except for the provision of a holding warehouse for interim storage.

B.4 STAGING AND HOLDING AREAS

The Courts shall provide a staging area for use in completing the deployment of the workstations. The Contractor shall provide any necessary holding warehouse for interim storage of the workstations if necessary during the deployment. This storage shall be only for new workstations to be deployed and not for old workstations de-installed by the Contractor. The latter will be moved by the Contractor to a DC Courts location in Washington, DC identified by the Contracting Officer’s Technical Representative.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE OF CONTRACT

The Contractor shall provide all hardware and software, technical support, warranty coverage, software installation, configuration, testing, documentation, integration planning and coordination, and related services which at a minimum are described below in order to completely deploy and install the workstations and implement a fully-functioning set of desktop computers at the Courts’ Sites specified in B.3:

C.1.1 Gather appropriate requirements for deployment C.1.2 Backup and Restore user’s My Documents C.1.3 Backup and Restore user’s favorites C.1.4 Backup/Restore/Reconnect .PST & .PAB files C.1.5 Backup/Restore mapped network drives C.1.6 Backup/Restore mapped network printers and other peripherals (scanners, label printers etc.)

C.1.7 Search hard drive for selected documents (*.DOC, *.XLS, *.PST, *BMP, *GIF, *IMG, *JPG, *MDB, *PDF, *PPS, etc.)

C.1.8 Rename workstation to standard naming convention C.1.9 Join PC to its existing domain C.1.10 Move PC to the correct Organizational Unit (OU) in Active Directory (AD) C.1.11 Migrate users account to a pre-determined Group Policy C.1.12 Install pre-identified software on desktop at time of deployment excluding client specific software C.1.13 Provide 30 days of post-deployment support for each workstation C.1.14 Deploy hardware to the end-user desk from a staged central location C.1.15 Log asset tag information and complete disposal form.

C.1.16 Work with the Courts’ resources allocated to setup and test the environments in which the Contractor shall deploy the workstations.

C.2 PROJECT TASKS

C.2.1 Project Management. The Contractor shall:

a) Designate a single point of contact (“Contractor’s Project Manager”) to whom all communications shall be addressed and who has authority to act on all aspects of the Services. Such primary contact shall be identified, shall be available during normal business hours, and shall have a designated a back-up contact when the Contractor’s Project Manager is not available.

b) Identify possible discrepancies between Courts’ floor plans and identified users and the actual Site conditions and relaying them to the Courts’ designated representative.

c) Ensure that the re-imaged/refreshed equipment is up and operational before leaving the Courts’ site.

d) Develop a Project Plan to support the Courts’ roll-out schedule.

e) Provide the Courts’ Deliverables as required.

f) Receive and review Court’s provided Deliverables.

g) Participate in regularly scheduled meetings with the Courts to discuss the status of the Project.

h) Receive and review pertinent documents provided by the Courts for each individual unit of equipment.

i) Review all pertinent site information received from the Courts.

j) Ensure that all Contractor’s employees conform to the Courts’ workplace policies, conditions, and safety regulations that are consistent with the operation of the Courts.

k) Provide the following coordination of services:

i. Designate a Contractor representative responsible for the Service at each DC Courts site.

ii. Confirm Courts Site addresses and the Courts’ requirements.

iii. Coordinate the Contractor personnel with the availability of the Product and Courts’ Customer schedule.

iv. Ensure that designated Contractors’ engineer(s) arrive at the site at the agreed to business hour time to begin service.

v. Report scheduling and technical difficulties to the Courts’ representative as they occur real-time.

vi. Check off scheduled services as complete for each Courts’ user immediately after the services for that individual user have been completed.

l) Engage a team of highly skilled resources to perform the above mentioned services. These engineers will have one or more of the following certifications: A+, MCP and MCSE. The Courts reserves the right to review any and all proposed technical capabilities and resumes of all personnel scheduled to work on the Courts’ premises.

m) Ensure that the Contractor’s personnel and any subcontractors can be cleared through the Courts’ security procedures.

n) Provide the Courts access to the database that will be used to track project status.

C.2.2 Project Assumptions:

a) There are four (4) Courts’ buildings and four (4) Field Units located in four (4) distinct quadrants of the city that comprise the scope of services.

b) There are a minimum of one thousand three hundred (1300) computer workstations that will be refreshed and re-imaged with an authorized image provided by the Courts.

c) There are one thousand three hundred (1,300) business computers that will be swapped out with new workstation units as part of this Project.

d) The selected Contractor shall have approximately 45 calendar days to complete all work.

e) For any reason that selected vendor cannot carryout their services on an individual workstation computer on the day that the computer is scheduled to receive service, the vendor will reschedule the deployment of the workstation on an agreeable day in concert with the Court’s project manager.

f) Peripherals added by the user shall be migrated. Examples of this include, but are not limited to wireless mice/keyboards, external hard drives, palm pilots, blackberry’s and zip drives.

g) The selected Contractor shall be granted the right to work after hours, weekends, or holidays if the vendor determines that it is a best practice scenario for any services to be performed. This scheduling of work during non-business hours is solely at the discretion of the Court and its agents.

If non-business hour work is requested by the Court, the vendor will make best efforts to accommodate the Court’s request. Normal business hour work is considered 8am to 6pm local time, Monday through Friday;

excluding holidays.

h) The selected Contractor shall move all replaced hardware as a result of the replace services to a central location that is identified by the Court.

i) Users Group Policy assignment shall be determined before the deployment begins.

j) The proposed workstations shall be brought into a Courts’ location for work to be performed in a readily available and reasonable proximity to the locations of the services to be performed.

k) Unless otherwise agreed to by the parties, the Contractor shall use reasonable efforts to respond within two (2) business days of the Courts’ request for documentation or information needed for the project.

l) The Contractor shall provide services to assist the Court in support of the initiatives and activities described herein and shall not assume any cost or schedule liability except as otherwise stated herein. The Courts is the governing authority of all activities and service directives and retains full responsibility for the leadership, review, and approval of actions taken and deliverables completed by the Contractor in support of the Courts.

m) The Courts shall be responsible for communicating to its client end-user community any downtime or network outages associated with the required refresh or re-imaging.

C.2.3 The following assumptions together with those stated above are included in this

Work Statement. Should any of these assumptions prove to be incorrect or incomplete, then the contract shall not be modified without the mutual written consent of both parties and any such mutually agreed modifications shall be managed by a Change Management Procedure.

C.2.3.1 Where applicable, the Courts’ Sites shall be ready prior to but not later than the date scheduled for the Contractor to perform the services. “Ready" means that the Contractor has access to the workstation desktop computer, Courts’ Site network, and new hardware and software that is required for the Contractor to complete the required services.

C.2.3.2 In the event that the Contractor is required to provide third party materials under this contract (i.e. cables, flash drives, mice, etc.), the Contractor shall not provide any such third party materials unless they have been approved in writing by the Court in advance.

C.2.3.3 Any acceptance tests conducted in respect of the services detailed in this SOW shall apply only to the services detailed herein and shall not constitute acceptance.

C.3 COMPUTER WORKSTATION SPECIFICATIONS

The workstations must comply with the following specifications. The workstations shall be from brand-name tier-one original equipment manufacturers (OEMs).

C.3.1 Chassis Dimensions: Ultra Small Form Factor with the ability to be mounted on an All-in-One monitor/stand.

C.3.2 Processor: Intel Core 2 Duo E6850 Processor (3.0-GHz, 4 MB L2 cache, 1333-

MHz FSB), compliant with Intel vPro Processor Technology and Intel Trusted Execution Technology (TXT)

C.3.3 Memory: 2GB DDR2 Non-ECC, SDRAM (800-MHz) (2 x 1GB)

C.3.4 Hard Disk Drive: 80-GB SATA 3.0 Gb/s Hard Drive (8MB Cache, 7200 RPM)

C.3.5 Optical Drive: 8X EIDE Slimline DVD, playing DVDs, CyberLink PowerDVD, writing CDs and DVDs, Roxio CreatorTM DE.

C.3.6 NIC: Intel 82566DM Gigabit Network Connection (integrated on system board)

C.3.7 Video: Integrated Intel Graphics Media Accelerator 3100 (DVI)

C.3.8 Audio: Integrated High Definition audio with ADI 1984 codec, Microphone, Headphone front ports, Speaker line out rear port

C.3.9 Input Devices: USB (7 ports), Serial, Parallel

C.3.10 Security: Integrated 1.2 TPM Embedded Security Chip, Drive Lock, Serial, Parallel, USB Enable/Disable (via BIOS), Removable Media Boot Control, Power-On Password (via BIOS), Setup Password (via BIOS), Chassis Intrusion Switch

C.3.11 Operating System: Genuine Windows XP Professional SP2 also has the capability to run on the Microsoft Vista Operating System.

C.3.12 Service and support: OEM On-site Warranty and Service for three-years: three years of parts, labor and same-day on-site service, single point-of-contact through Technical Account Management (TAM) services, proactive notification of BIOS, driver, and software changes for your computer system, seamless escalation support for 3rd party Microsoft and select hardware vendors, 24x7 North American-based technical phone support . Phone Hardware Warranty Support shall be available through workstation end-of-life cycle.

C.3.13 Monitor: Must be same brand or equal as the system OEM, 17-inch Active

Matrix TFT, 1280 x 1024 @ 75 Hz, Contrast Ratio must be 800:1, Input signals :

Two connectors: one 15-pin mini D-sub analog VGA and one DVI-D, Viewing Angel: Up to 160° horizontal/160° vertical. Service and support : Three year On-site Warranty: parts, labor, and on-site service. 24-hour, toll-free technical support.

C.3.14 LCD Speaker Bar: Powered directly by the monitor or PC, the Speaker Bar must seamlessly attach to the monitor's lower bezel to bring full audio support to the 17” LCD.

C.3.15 Integrated All-in-One Stand: Allows mounting of a 17-inch LCD monitor (fully adjustable) and a Ultra Small Form Factor desktop PC on a single stand for the convenience of an "all-in-one" form factor, must include cable management solution to keep the PC and monitor cables hidden from view.

C.3.16 Imaged Hardrive: Hard drives for each workstation will come pre-imaged. The image will be submitted from the Court and tested for quality assurance once the initial prototype image has been sent from the vendor in a proposed workstation for testing. No mass imaging of the workstations will occur until after the Court has tested the image to its satisfaction and authorized the vendor to image the proposed workstation hard drives.

C.3.17 Reformat Hard Drives - (DoD Hard Drive Cleanup):

Standard DoD 5220.22-M

US Department of Defense in the clearing and sanitizing standard DoD 5220.22-M recommends the approach "Overwrite all addressable locations with a character, its complement, then a random character and verify" (see table with comments) for clearing and sanitizing information on a writable media.

To conform this security standard in Active@ KillDisk Professional version this approach has been implemented, i.e. one pass equals triple data overwriting for the destruction of remains of sensitive data.

US Department of Defense 5220.22-M Clearing and Sanitization Matrix

Media Clear Sanitize

Magnetic Tape1

Type I a or b a, b, or m

Type II a or b b or m

Type III a or b m

Magnetic Disk

Bernoullis a, b, or c m

Floppies a, b, or c m

Non-Removable Rigid Disk c a, b, d , or m

Removable Rigid Disk a, b, or c a, b, d , or m

Optical Disk

Read Many, Write Many c m

Read Only m, n

Write Once, Read Many (Worm) m, n

Memory

Dynamic Random Access memory (DRAM) c or g c, g, or m

Electronically Alterable PROM (EAPROM) i j or m

Electronically Erasable PROM (EEPROM) i h or m

Erasable Programmable (ROM (EPROM) k l, then c, or m

Flash EPROM (FEPROM) i c then i, or m

Programmable ROM (PROM) c m

Magnetic Bubble Memory c a, b, c, or m

Magnetic Core Memory c a, b, e, or m

Magnetic Plated Wire c c and f, or m

Magnetic Resistive Memory c m

Nonvolatile RAM (NOVRAM) c or g c, g, or m

Read Only Memory ROM m

Static Random Access Memory (SRAM) c or g c and f, g, or m

Equipment

Cathode Ray Tube (CRT) g q

Printers

Impact g p then g

Laser g o then g

US Department of Defense 5220.22-M Clearing and Sanitization Matrix

a. Degauss with a Type I degausser

b. Degauss with a Type II degausser.

c. Overwrite all addressable locations with a single character.

d. Overwrite all addressable locations with a character, its complement, then a random character and verify. THIS METHOD IS NOT APPROVED FOR SANITIZING MEDIA THAT CONTAINS TOP SECRET

INFORMATION.

e. Overwrite all addressable locations with a character, its complement, then a random character.

f. Each overwrite must reside in memory for a period longer than the classified data resided.

g. Remove all power to include battery power.

h. Overwrite all locations with a random pattern, all locations with binary zeros, all locations with binary ones.

i. Perform a full chip erase as per manufacturer's data sheets.

j. Perform i above, then c above, a total of three times.

k. Perform an ultraviolet erase according to manufacturer's recommendation.

l. Perform k above, but increase time by a factor of three.

m. Destroy - Disintegrate, incinerate, pulverize, shred, or melt.

n. Destruction required only if classified information is contained.

o. Run five pages of unclassified text (font test acceptable).

p. Ribbons must be destroyed. Platens must be cleaned.

q. Inspect and/or test screen surface for evidence of burned-in information. If present, the cathode ray tube must be destroyed.

For more information regarding clearing and sanitizing security standard DoD 5220.22-M see US Defense Security Service Web Site (Chapter 8).

http://www.dss.mil/isec/nispom.htm

PART 1

SECTION D - PACKAGING AND MARKING

Packaging and properly marking the equipment for delivery is the sole responsibility of the Contractor. Further, the Contractor shall insure that they deliver all equipment to: DC Courts, located at 500 Indiana Ave, NW, Washington, DC 20001. All equipment must be unloaded at the rear of the building (C Street entrance).

Note: The loading dock will only allow vehicles with a maximum height of 11’5” to enter the premises.

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 Courts has 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 Courts shall perform inspections and test in a manner that will not unduly delay the work.

E.1.4 If the 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 to the contract requirements, the 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 Courts may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the 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 12 months from the date of award of the contract. The Contractor shall provide the total minimum requirement of equipment and services described herein for 1300 computer workstations within the first six months from the date of award of the contract which is the date that the Courts’ Contracting Officer signs the contract document. The Contractor shall provide equipment and services described herein for up to 200 additional computer workstations over the second six months from the date of award of the contract. Equipment and services for any of these 200 additional computer workstations are not purchased until the contractor receives a signed contract order from the Courts’ Contracting Officer for one or more workstations up to a maximum of 200.

F.2 Deliverables:

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

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

F.2.1 Completed user acceptance sheets when services are finished per workstation daily by the close of business each day.

F.2.2 Daily status reports by the close of business each day.

F.2.3 Status updates when requested.

F.2.4 Detailed Project Plan for Workstation Deployment within three (3) business days from receipt of request.

F.2.5 Furnish, deliver and deploy one thousand three hundred (1300) desktop computers in accordance with the approved Project Plan for Workstation deployment.

SECTION G -CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices:

G.1.1 The Contractor shall submit to the COTR a breakdown of all charges for work performed. 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 To constitute a proper invoice, the Contractor's invoice shall include the following information:

a. Name of the business concern and invoice date;

b. The contract number;

c. Description of services actually delivered or rendered;

d. Date the services were rendered;

e. 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. The "remit to" address shall correspond to the remittance address in the contract; and

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

G.1.3 The Contractor shall prepare invoices in duplicate and submit them to the

Contract Administrator on a monthly basis. The Courts shall reimburse the Contractor on a monthly basis.

G.1.4 The Contractor shall submit final invoices within thirty (30) days after the expiration of this contract.

G.1.5 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 Billing/Payment

G.2.1 Payment to the Contractor for services satisfactorily performed will 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.3 Audits:

G.3.1 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 will be reimbursed for said overpayment within thirty (30) days after written notification.

G.4 Contracting Officer and Contract Administrator

G.4.1 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:

Administrative Officer

Administrative Services Division District of Columbia Courts 616 H Street, N.W., Suite 622 Washington, D.C. 20001 Telephone Number: (202) 879-2801

Facsimile Number: (202) 879-2835

G.4.2 Contracting Officer’s Technical Representative (COTR): The COTR is responsible for daily administration of the contract and for advising the Contracting Officer as to the Contractor’s performance or non-performance of the contract requirements. The COTR shall be identified at time of contract award.

G.4.3 The COTR shall 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.4.4 THE CONTRACTOR IS HEREBY FOREWARNED THAT ABSENT THE

REQUISITE AUTHORITY OF THE COTR 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 an 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 Courts’ officials unless written approval is obtained in advance from the Contracting Officer.

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 tot he offeror's request to publish or reproduce data in professional or public relations trade publications.

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 the District of Columbia Courts' "Contract Disputes Procedures," as approved by the Joint Committee on Judicial Administration.

I.5 Laws and Regulations:

All applicable laws, Courts rules and regulations shall apply to the contract throughout, and they will be considered to be included in the contract the same 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 1-2512 (1981 ed.) 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, the Inspector General or any of its 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 to the Contract. 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. 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 dollar ($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.

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

NOTE 1: The Buy American provision no. 26 in J.1 does not apply to this procurement of information technology.

NOTE 2: The Service Contract Act (SCA) provision no. 27 in J.1 applies to labor in performance of this contract from any SCA occupation categories shown in Wage Determination (WD) No. 2005-2103, Revision No. 6, dated 5/29/2008 issued by the U.S. Department of Labor. See occupation codes and corresponding minimum wage rates and fringe benefits cited in the WD to determine those pertinent to the performance of the contract. The contents of the WD are available at http://www.wdol.gov/wdol/scafiles/std/05-2103.txt

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.1.2.2 (ii - of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;

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: FSC-08-062 Caption: “XP Workstation Refresh Project” Proposal Date and Time Due: August 19, 2008, 3:00 PM

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…