DCSC-23-RFP-163 Legal Case Document Management System.pdf

DISTRICT OF COLUMBIA COURTS

SOLICITATION, OFFER AND AWARD

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: Aug. 21, 2023

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH OPENING DATE: ___________

616 H STREET, N.W., ROOM 612 OPENING TIME: ___________

WASHINGTON, D.C. 20001

CLOSING DATE: Sept. 8, 2023

SOLICITATION NUMBER: DCSC-23-RFP-163 CLOSING TIME: 11:00am EST

OFFER/BID FOR: Legal Case and Document Management System MARKET TYPE: OPEN

SOLICITATION TYPE: RFP

TABLE OF CONTENTS

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

X A Solicitation/Offer/Award Form 1 X H Special Contract Requirements 18 X B Price/Cost for Supplies or Services 4 X I Contract Clauses 20 X C Description/Specs/Work Statement 5 X J List of Attachments 29

D Packaging & Marking X K Representations & Certifications 30 X E Inspection & Acceptance 11 X L Instructions/Conditions/Notices to Offerors 33 X F Deliveries & Performance 12 X M Evaluation Factors for Award 44 X G Contract Administration Data 14

A.1 OFFER (TO BE COMPLETED BY OFFEROR) Note: In sealed bidding, the terms Offer/Offeror mean Bid/Bidder.

The undersigned offers and agrees that, with respect to all terms and conditions accepted by the Courts under

Section A.2 AWARD below, this Offer and the provisions of this Solicitation will constitute a Binding Contract.

Name:

Website:

Street Address:

City, State:

Zip Code:

Area Code &

Telephone Number:

OFFEROR Name and title of Person Authorized to Sign Offer: (Type or Print)

Signature

(Seal)

Date:

Impress

Corporate

Seal

Corporate (Seal)

(Secretary) (Attest)

A.2 AWARD (TO BE COMPLETED BY THE DISTRICT OF COLUMBIA COURTS)

Contract No.:

Award

Amount:

Contract Period: Award Date:

Accepted as to the following items:

FOR THE DISTRICT OF COLUMBIA COURTS:

By CONTRACTING OFFICER

Name:

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A.3 REQUIRED SUPPLIES OR SERVICES

The District of Columbia Courts, on behalf of the Office of the General Counsel, seeks a qualified vendor to provide a cloud-hosted, highly configurable commercial-off-the-shelf

(“COTS”) Legal Case and Document Management System, including necessary software, licenses, and warranties, as specified in Section C (Description/Specifications/Work

Statement). Required services include installation, implementation, post-implementation support, end user training, maintenance, and end user support.

PLEASE NOTE: A COURT CASE MANAGEMENT SYSTEM IS NOT WITHIN THE

SCOPE OF THIS CONTRACT.

A.4 OPEN MARKET

This solicitation is issued on an unrestricted / open market basis.

A.5 CONTRACT AWARD

The Courts anticipates the award of a single fixed priced contract with a base year and 4 option years to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Courts, considering price and other evaluation factors. See

Sections L and M. The anticipated award date is September 29, 2023.

A.6 SAM REGISTRATION

In order to receive a contract award, the prospective contractor/ offeror must be registered through the Federal System For Award Management (SAM) at https://www.sam.gov. SAM.gov is an official U.S. government website. There is no cost to use SAM. You can use SAM.gov for FREE to:

• Register to do business with the U.S. government.

• Update or renew your entity registration.

• Check status of an entity registration.

• Search for entity registration and exclusion records.

A.7 COMMUNICATIONS AND QUESTIONS FROM OFFERORS

All written communications regarding this solicitation should be submitted by email to

Maribel Torres, Senior Contract Specialist, at maribel.torres@dccsystem.gov. See

Section L.4.

Questions from prospective contractors/offerors must be submitted no later than 11:00 a.m. EST on August 28, 2023. The Courts will not consider any questions received after that time.

No pre-proposal conference is planned.

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A.8 SOLICITATION AMENDMENTS

The Courts will post all amendments, addenda, and responses to offeror questions on the

D.C. Courts website https://www.dccourts.gov/about/procurement-contracts-branch. Oral explanations or instructions given by Courts officials or staff before the award of the contract will not be binding.

NOTE: Offeror may acknowledge amendments and addenda in the table below or on the addendum, or both. See Section L.6.

Table A.8

OFFEROR HEREBY ACKNOWLEDGES RECEIPT OF SOLICITATION

AMENDMENTS OR ADDENDA ON THE FOLLOWING DATES:

Amendment No. Signature Date Amendment No. Signature Date

QUESTIONS MUST BE SUBMITTED NO LATER THAN 11:00 A.M. EST ON

MONDAY AUGUST 28, 2023. The Courts will not consider any questions received after that time. The Courts will furnish responses promptly to all Offerors. Written questions and inquiries should be submitted by email to Maribel Torres, Senior Contract Specialist at maribel.torres@dccsystem.gov.

The Courts will post all amendments and responses to offerors questions in the DC

Courts Website at https://www.dccourts.gov/about/procurement-contracts-branch under

Solicitations. Oral explanations or instructions given by Courts Officials before the award of the contract will not be binding.

Proposal Submission and Identification. (See section L for more information)

Proposals shall be submitted BY EMAIL to Maribel Torres, Senior Contract Specialist at maribel.torres@dccsystem.gov no later than 11:00 a.m. EST, Friday, September 8, 2023.

END OF SECTION A

mailto:maribel.torres@dccsystem.gov.

https://www.dccourts.gov/about/procurement-contracts-branch mailto:maribel.torres@dccsystem.gov

Solicitation No.: DCSC-23-RFP-163 Legal Case & Document Management System Page 4 of 47

PART I

SECTION B - PRICE/COST FOR SUPPLIES OR SERVICES

***OFFERORS MUST FOLLOW THE INSTRUCTIONS AT SECTION L (INSTRUCTIONS, CONDITIONS

AND NOTICES TO OFFERORS) TO COMPLETE THE PRICE/COST SCHEDULE, WHICH SHALL BECOME A PART

OF THE AWARDED CONTRACT. THE CONTRACT TERM IS A BASE YEAR WITH FOUR OPTION YEARS, SUBJECT

TO AVAILABLE FUNDS.***

PRICE/COST SCHEDULE (6 Software Licenses for the base year and the Courts may require up to 10 (ten) software licenses in future option years, see section C.3)

BASE YEAR

CLIN No. Description Unit Price Total Price

0001 Software Licenses, Documentation, & Warranties $ $

System Installation, Implementation, & Post-Implementation

Support

0003 End User Training $ $

0004 Maintenance & End User Support $ $

Total Price $

OPTION YEAR 1

CLIN No. Description Unit Price Total Price

1001 Software Licenses, Documentation, & Warranties $ $

1002 Maintenance & End User Support $ $

Total Price $

OPTION YEAR 2

CLIN No. Description Unit Price Total Price

2001 Software Licenses, Documentation, & Warranties $ $

2002 Maintenance & End User Support $ $

Total Price $

OPTION YEAR 3

CLIN No. Description Unit Price Total Price

3001 Software Licenses, Documentation, & Warranties $ $

3002 Maintenance & End User Support $ $

Total Price $

OPTION YEAR 4

CLIN No. Description Unit Price Total Price

4001 Software Licenses, Documentation, & Warranties $ $

4002 Maintenance & End User Support $ $

Total Price $

TOTAL PRICE ALL PERIODS $

END OF SECTION B

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SECTION C – DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

C.1 Scope of Work

The Contractor must provide a cloud-hosted, highly configurable commercial-off-the-shelf (“COTS”) Legal Case and Document Management System, including necessary software, licenses, and warranties (“System”). The Contractor must also install and implement the System, and provide post-installation support, end user training, and a service level agreement (SLA) to include high quality maintenance and end user support.

PLEASE NOTE: A COURT CASE MANAGEMENT SYSTEM IS NOT WITHIN THE

SCOPE OF THIS CONTRACT.

C.2 Overview of District of Columbia Court System (DCCS)

The District of Columbia Courts (“D.C. Courts” or “Courts”) is the judicial branch of the

District of Columbia and comprises three entities: the District of Columbia Court of

Appeals, the Superior Court of the District of Columbia, and the Court System (“DCCS”), which includes the Executive Office and administrative offices that support both courts.

The D.C. Courts is a fully unified large urban court system with over 95 judicial officers and approximately 1,200 court employees. The D.C. Courts is unique compared to other courts throughout the country. As Washington, D.C. is a city that also functions as a state, the D.C. Courts provide city and state-level services. The Courts are also unique in that they receive funding directly from the Federal government.

DCCS provides business support services, including but not limited to capital projects, budget and finance, administrative services, human resources, training, planning, research and development, court reporting, information technology, and legal counsel through the

Office of the General Counsel.

C.3 The Office of the General Counsel (OGC)

OGC performs a broad spectrum of advisory legal functions concerning matters affecting the administration of the D.C. Courts, including analysis of pending legislation, drafting proposed legislation, contract and inter-agency agreement review, legal research, and policy interpretation. OGC assists trial counsel in the preparation of materials and advises on legal proceedings involving the Courts or matters in which the Courts have an interest.

OGC is also charged with protecting the statutorily confidential records of the D.C.

Courts from improper and unnecessary disclosure. OGC staff serve as legal advisors to the Superior Court Rules Committee, its various rules advisory committees, and the

Board of Judges on all matters concerning revision of the Superior Court’s procedural rules. OGC staff also support the Court of Appeals Rules Committees. OGC attorneys serve, as assigned by the management of the D.C. Courts, on a number of other committees in a legal advisory capacity. The General Counsel also serves as the D.C.

Courts’ Ethics Officer and chairs the Legal Advisory Council, which promotes the exchange of legal research and information among attorneys providing legal advisory, operational, and policy support within the Courts.

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OGC is comprised of six (6) staff members: the General Counsel, three Associate

General Counsels, a Paralegal Specialist, and an Administrative Assistant. All six staff members require software licenses, access to the System, user training, and user support.

The Courts may require up to 10 (ten) software licenses in future option years.

C.4 Objectives

OGC seeks to modernize its operations and gain business process efficiencies, while maintaining the Courts commitment to efficient and effective use of its financial, information technology, and human capital. OGC’s objectives are that the System achieve the following:

(a) Provide electronic law practice management functionality to support business needs.

(b) Satisfy core document and case management requirements with minimal customization.

(c) Automate manual processes using information technology to the maximum extent possible to improve workflow.

(d) Promote document version control with highly secure, accurate, and reliable recordkeeping.

(e) Enhance case tracking and reporting capabilities.

(f) Organize files and documents and reduce redundancy.

(g) Interface with widely used office applications to promote efficiency.

(h) Promote intuitive, user friendly, and accessible technology with easy user navigation and a modern look and quality.

C.5 Minimum Technical Requirements

The System must provide or meet the following minimum requirements:

(a) Web-based solution compatible with the latest versions of Microsoft Edge, Chrome, Firefox, and Safari.

(b) Compatible with Citrix Virtual Desktop Infrastructure (VDI).

(c) Streamlined, real time matter intake, opening, closure, and matter type tracking.

(d) Litigation hold tracking with electronic reminders and ability to confirm receipt, e-sign, and record recipient response.

(e) Centralized database, native document management, and searchable repository for sensitive legal files.

(f) ShareFile, including securely sharing confidential legal files.

(g) Real time user response rate for searching, accessing, saving, and uploading and downloading files, including large files.

(h) Multiple or unlimited number of document profile fields and categories, including case notes field(s).

(i) Multiuser access with variable access and document rights and version control, e.g., view only, create new version, edit current version, delete, etc.

(j) Near real time response rate for generating reports.

(k) Disaster Recovery.

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(l) Security features to prevent the Contractor, including contractor and subcontractor staff, from accessing, copying, or downloading sensitive and confidential files, documents, records, and other information and materials, including document profiles.

(m) Section 508 compliant (29 U.S.C. §794d).

(n) FedRAMP compliant.

C.6 User Needs

The System must include the following capabilities:

(a) Assign matters, tasks, and documents to one or more users.

(b) Track matter history and outside counsel, clients, and contact information.

(c) Search by document profile and by full text, including MS Word, Excel, PDF, HTML, and other file types.

(d) Capture email, documents, attachments, transcripts, video or audio recordings

(including voicemail) and other file types.

(e) View and print file directly within the System.

(f) Open files in native application.

(g) Save multiple document versions.

(h) Generate, format, print and export reports, including to MS Excel and Word format.

(i) Assign one or more security profiles to files such as confidential, privileged, or attorney work product, and limit user access accordingly.

(j) Track document history.

(k) Version control.

(l) Create user templates and pre-populated profiles for recurring case or file types.

(m) Generate template document.

(n) Built-in system help functions.

C.7. Interfacing

The System must interface with the following applications:

(a) MS Word and Excel.

(b) MS Outlook for matter files, including MS Outlook add-in (Click-button) option to save emails, attachments, and contact information.

(c) MS Outlook Calendar, including alerts, deadlines, and reminder to one or more users.

(d) Adobe Acrobat Pro DC.

(e) Citrix ShareFile.

C.8 DCCS Enterprise IT Environment

The following table provides a non-exhaustive overview of the DCCS’s enterprise technology environment.

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C.9 Security Requirements

The Contractor’s software and system must meet all of the following requirements:

(a) Comply with NIST-800-53 security controls. A FedRAMP Moderate Cloud

Service Provider is preferred.

(b) Require user authentication using single sign on with MS Active Directory.

(c) Support of the configuration of rules for user passwords including frequency of changes, length, character requirements, etc.

(d) Lock user accounts after a defined number of failed password attempts.

(e) Secure user information through password encryption.

(f) Allow the assignment of roles and permissions to users and groups of users.

(g) Assign users and user groups permissions to access confidential data and documents.

(h) Allow users to be assigned to multiple roles and resolve access to data

Type Current Environment, Software, and Hardware

Data Center Server / Storage Platforms

HP C7000 blade servers (and newer), NetApp storage (NAS and SAN) Cluster Data ONTAP version 9.1 (and newer) storage

Operating Systems Windows 2016 Standard and Data Center Edition Client – Windows 10

End User Platforms Dell Workstations, peripherals

Client Operating System

MS Windows 10 (and newer)

Cloud Platform Microsoft Azure FedRAMP Government

Network Equipment TCP/IP, CISCO routers and switches

Internet Browsers MS Edge version 105 (and newer), Chrome version 105 (and newer), Firefox version 105, and iOS version 15.6 (and newer)

Authentication Active Directory Federation Services

Development Environment

J2EE, Oracle Apex, MS Power Apps

Databases Oracle 12c, MS-SQL 2008, 2012, Azure SQL Managed Instances

Data Warehousing and Business

Intelligence

Oracle OBIEE 11g, 12c, Oracle ODI 12c

Application Server Oracle SOA 12c, Oracle Web Logic

Project Lifecycle

Management

IBM Rational DOORS, ClearCase, ClearQuest, and

Functional Tester

Security Network Access Control, CISCO Next Generation Firewall

Load balancer Citrix NetScaler VPX version 11 (and newer)

Mobile devices Dell, Apple, and other laptops/tablets; Apple and Android phones

MS Office MS Word 2016 (and newer)

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(i) Define permission levels for access to all system components

(j) Assign confidentiality to case data and documents.

(k) Prohibit reports containing full social security numbers to be generated without being masked.

(l) Encrypt all data at rest and in transit.

(m) Ensure system has MFA (Multi-Factor Authentication) enabled.

C.10 Required Services

(a) Project Manager. The Contractor must assign a Project Manager responsible for the successful delivery, installation, and implementation of the System.

The Project Manager must maintain regular communication and contact with the Contracting Officer’s Technical Representative (“COTR” see Section

G.8) throughout the entire process, including post-implementation support and training. The Project Manager and all contractor resources must understand OGC’s objectives (see Section C.4) and be experienced in installing and implementing legal case and document management systems.

(b) Kickoff Meeting. The Contractor must conduct a project initiation/kick-off meeting with the COTR and OGC staff to understand OGC’s objectives and expectations for the System and to outline the steps and deliverables.

(c) DCCS IT Division. The Contractor must cooperate fully with the Courts’

Information Technology (“IT”) Division throughout the System implementation process, installation, maintenance, and user support for the term of contract, including option years. The IT Division is responsible for all aspects of business process automation, information systems management, network operations, security auditing, as well as desktop and peripheral support.

(d) Post-Implementation Support and Training. The Contractor must provide five

(5) consecutive days of on-site, post-implementation support, to include up to three (3) days of in-person, facilitated end-user training. A virtual training must be provided for new users. The Contractor must provide administrator training as necessary.

(e) Maintenance and End User Support. The Contractor must provide a Service

Level Agreement (SLA) to include high quality maintenance and end-user support following system implementation and throughout the duration of the contract term. This shall include, at minimum:

(i) Built-in system help functions;

(ii) Searchable knowledge base;

(iii) Telephone numbers, email contact information, and online chat features;

(iv) Tier 1 and Tier 2 end-user support, including for all in-scope

Solicitation No.: DCSC-23-RFP-163 Legal Case & Document Management System Page 10 of 47 requirements, capabilities, modules, functionality, and services. This shall include a phone-based help desk Mondays through Saturdays from

8:00 AM to 6:00 PM Eastern Time.

(v) Offerors may assume that the Courts IT Division may occasionally provide Tier 1 support to end-users.

(vi) The Contractor must provide written documentation as necessary on releases, system updates, enhancements, software patches, and corrections to software bugs.

END OF SECTION C

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SECTION D - PACKAGING AND MARKING

THIS PAGE IS INTENTIONALLY LEFT BLANK.

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 Inspection of Services

(a) Services as used in this clause includes all services provided under this Contract, including, but not limited to, project management, installation, implementation, on-site post-implementation support, on-site user training, end-user support, maintenance, and all other services performed under Section C (Description/Specifications/Work

Statement).

(b) The Contractor shall provide and maintain documentation of all services provided under this Contract. Complete records of all services performed by the Contractor shall be maintained and made available to the Courts during contract performance and for as long afterwards as the Contract requires.

(c) The Courts have the right to review and test all services called for by the contract to the extent practicable during the term of the Contract. The Courts may perform reviews and system and integration tests in a manner that will not unduly delay the work.

(d) If any services do not conform to the contract requirements, the Courts may require the Contractor to perform these services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by performance, the Courts may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and reduce the contract price to reflect value of services performed.

(e) If the Contractor fails to promptly perform the services again or take the necessary action to ensure future performance in conformity to contract requirements, the

Courts may (1) by contract or otherwise, perform the services and charge the

Contractor any cost incurred by the Courts that is directly related to the performance of such services, or (2) terminate the Contract for default.

END OF SECTION E

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SECTION F - DELIVERABLES AND PERFORMANCE

F.1 Term of Contract & Option Periods

The term of the Contract shall be twelve (12) months from date of award of the contract.

F.2 Option to Extend the Term of the Contract:

The Courts may extend the term of this contract for four (4), one (1) year periods, or a fraction, or multiple fractions thereof, by written notice to the Contractor before the expiration of the contract; provided that the 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 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 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 Courts to exercise this option year.

The total duration of this contract including the exercise of any options under this clause, shall not exceed five (5) years.

F.2.1 Additional Licenses

The Courts may require up to 10 (ten) software licenses in future option years at the unit price offered for that year.

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 Contracting Officer’s Technical Representative (COTR, see Section G.8) the deliverables specified below within the designated and/or agreed upon time frames:

Table 3(a)

CLIN No. Deliverable Deadline

(from date of award or notice to proceed)

Software Licenses, Documentation, Warranties 14 calendar days

Project Initiation / Kick-off Meeting 21 calendar days

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System Installation, Implementation, and Post-Implementation Support

TO BE SCHEDULED

0003 End User Training

0004 Maintenance & End User Support Upon complete and accurate delivery of post-implementation support and training.

END OF SECTION F

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices

(a) The Courts will make invoice payments under the terms and conditions specified in the contract. The Contractor will be compensated upon completion and acceptance of the work as specified in the contract. Payments shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. The Contractor shall be compensated as set forth below.

(b) All invoices and payment request must be submitted electronically through the U.S.

Department of the Treasury’s Invoice Processing Platform (IPP) System using the

“Bill to Agency” of Interior Business Center-FMD. The IPP website address is https://www.ipp.gov. In addition, it is the vendors’ (contractors’) responsibility to be

System for Awards Management (SAM) registered and in IPP. The vendors

(contractors) must be SAM registered in order to register in IPP. The SAM website address is https://www.sam.gov.

(c) After contract and purchase order award, in order to receive payment, the Contractor must use the IPP website to register, access, and use IPP for submitting all invoice requests for payment(s). Assistance with enrollment can be obtained by contacting the

IPP Production Helpdesk via email at IPPCustomerSupport@fiscal.treasury.gov or by phone (866) 973-3131.

(d) Payment request means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, at a minimum, the Contractors’ electronic invoice shall include the following information:

(i) Name and address of the Contractor;

(ii) Purchase Order number;

(iii) Invoice date;

(iv) Invoice number;

(v) Name of the Contracting Officer Technical Representative (COTR);

(vi) COTR’s email address; and

(vii) Description, quality, unit of measure, and extended price of the services or supplies actually rendered.

(e) Once the electronic invoice has been submitted through IPP, no later than 2 business days from the electronic submission, the Contractor must email and/or mail to the

COTR a copy of the electronic invoice along with all the required supporting documentation as stated in the contract.

(f) The COTR shall review each electronic invoice for certification of receipt of satisfactory services prior to authorization of payment.

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G.2 Final Invoice

(a) The Contractor must submit final electronic invoice (s) within thirty (30) days after the expiration of this contract. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.

(b) The Contractor must complete and submit the District of Columbia Courts Release of

Claims form (Attachment J.3) as well as provide a copy of the final electronic invoice to the COTR.

G.3 Tax Exemption

The Courts are exempt from taxation pursuant to D.C. Code § 47-2005(1).

G.4 Prompt Payment Act

The Courts will pay interest (late charge) on each electronically receipted and approved invoice pursuant to the Prompt Payment Act, 31 U.S.C. § 3901 et seq.

G.5 Payment

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 COTR, or in the case of a dispute, subject to final determination by the Contracting Officer. Payment shall be made according to the following schedule:

Table G.5

CLIN No. Deliverable Percent

Payment Comments

Software Licenses, Documentation, Warranties

100% Upon complete and accurate delivery of all software items.

System Installation, Implementation, and Post-

Implementation Support.

100% Upon complete and accurate performance of services

0003 End User Training 100% Upon complete and accurate delivery of

End User Training.

Maintenance & End User

Support 25%

Quarterly payments for maintenance and end user support to begin upon complete and accurate performance of post-

Solicitation No.: DCSC-23-RFP-163 Legal Case & Document Management System Page 16 of 47 implementation support and training, G.6 Contracting Officer (CO)

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. The name and contact information of the

Contracting Officer is:

Darlene D. Reynolds

Contracting Officer/Procurement and Contracts Branch Manager

Administrative Services Division

District of Columbia Courts

700 6th Street NW, Suite 1250

Washington, D.C. 20001

G.7 Authorized Changes by the Contracting Officer

(a) The CO is the only person authorized to approve changes in any of the requirements of this contract.

(b) The Contractor shall not comply with any order, directive or request that changes or modifies the requirements of this contract, unless issued in writing and signed by the

CO.

(c) In the event the Contractor effects any change at the instruction or request of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any cost increase incurred as a result thereof.

G.8 Contracting Officer’s Technical Representative (COTR)

(a) The COTR is responsible for general administration of the contract and advising the

CO as to the Contractor’s compliance or noncompliance with the contract. The COTR has the responsibility of ensuring the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in the contract. These include:

(i) Keeping the CO fully informed of any technical or contractual difficulties encountered during the performance period and advising the CO of any potential problem areas under the contract;

(ii) Coordinating site entry for Contractor personnel, if applicable;

(iii) Reviewing invoices for completed work and recommending approval by the

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CO if the Contractor’s costs are consistent with the negotiated amounts and progress is satisfactory and commensurate with the rate of expenditure;

(iv) Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This includes the timely processing of invoices and vouchers in accordance with the Courts payment provisions; and

(v) Maintaining a file that includes all contract correspondence, modifications, records of inspections (site, data, equipment) and invoice or vouchers.

(b) The name and contact information of the COTR is:

Sherri Evans Harris, General Counsel 410 E Street, NW, Suite C-620 Washington, DC 20001 202-879-1627 officegeneralcounsel@dccsystem.gov

(c) The COTR shall NOT have the authority to:

(i) Award, agree to, or sign any contract, delivery order or task order. Only the

CO shall make contractual agreements, commitments, or modifications;

(ii) Grant deviations from or waive any of the terms and conditions of the contract;

(iii) Increase the dollar limit of the contract or authorize work beyond the dollar limit of the contract;

(iv) Authorize the expenditure of funds by the Contractor;

(v) Change the period of performance; or

(vi) Authorize the use of Courts property, except as specified under the contract.

(d) The Contractor shall be fully responsible for any changes not authorized in advance, in writing, by the CO; may be denied compensation or other relief for any additional work performed that is not so authorized; and may also be required, at no additional cost to the Courts, to take all corrective action necessitated by reason of the unauthorized changes.

END OF SECTION G

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SECTION H - SPECIAL CONTRACTS REQUIREMENTS

H.1 Publicity

The Contractor must at all times obtain the prior written approval from the CO before it, any of its officers, agents, employees, or subcontractors, either during or after expiration or termination of the Contract, make any statement, or issue any material, for publication through any medium of communication, bearing on the work performed or data collected under this Contract.

H.2 Disclosure of Information

(a) 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.

(b) 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.

(c) Each officer 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.

(d) 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 Officer.

H.3 Contractor Project Staff

(a) The Courts will conduct reference and background checks on the Contractor’s project staff, including staff involved in the installation, implementation, and staff training.

(b) Because of the sensitivity and confidentiality of OGC records, all contractor personnel must obtain a security clearance as designated by the Contracting Officer in accordance with DCCS security policies and procedures. The Courts will notify the Contractor of all such requirements as soon as practicable.

(c) The Courts reserves the right to reject the Contractor’s staff as a result of such reference and background checks.

Solicitation No.: DCSC-23-RFP-163 Legal Case & Document Management System Page 19 of 47

H.4 Courts’ Responsibilities

(a) The Courts’ staff will work with the Contractor to address any questions and concerns.

(b) The Courts’ staff will provide the necessary level of access to the Courts’ systems.

END OF SECTION H

Solicitation No.: DCSC-23-RFP-163 Legal Case & Document Management System Page 20 of 47

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 Contracts that Cross Fiscal Years

Continuation of this contract beyond the current fiscal year is contingent upon the future availability of appropriated funds.

I.3 Confidentiality of Information

The Contractor shall keep all information relating to any employee or customer of the

Courts in absolute confidence and shall not use the information in connection with any other matters; nor shall it disclose any such information to any other person, firm or corporation, in accordance with the Courts and federal laws governing the confidentiality of records.

I.4 Day and Time

Day means calendar days. Time means Eastern Standard Time (EST) and, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless otherwise stated herein.

24/7/365 means 24 hours, 7 days per week, 365 days per year.

I.5 Rights In Data

(a) The term 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 or pricing, or management information.

(b) The term Technical Data, as used herein, means recorded information, regardless of form or characteristic, of a scientific or technical nature. It may, for example, document research, experimental, developmental or engineering work, or be usable or used to define a design or process or to procure, produce, support, maintain, or operate material. The data may be graphic or pictorial delineations in media such as drawings or photographs, text in specifications or related performance or design type documents or computer printouts. Examples of technical data include research and engineering data, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information, and computer software documentation. Technical data does not include computer

Solicitation No.: DCSC-23-RFP-163 Legal Case & Document Management System Page 21 of 47 software or financial, administrative, cost and pricing, and management data or other information incidental to contract administration.

(c) The term Computer Software, as used herein means computer programs and computer databases. Computer Programs, as used herein means 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, data management systems, utility programs, sort merge programs, and automated data processing equipment maintenance diagnostic programs, as well as applications programs such as payroll, inventory control and engineering analysis programs. Computer programs may be either machine-dependent or machine-independent and may be general purpose in nature or designed to satisfy the requirements of a particular user.

(d) The term Computer Databases, as used herein, means a collection of data in a form capable of being processed and operated on by a computer.

(e) All data first produced in the performance of this Contract shall be the sole property of the Courts. The Contractor hereby acknowledges that all data, including, without limitation, computer program codes, produced by Contractor for the Courts under this Contract, are works made for hire and are the sole property of the Courts; but, to the extent any such data may not, by operation of law, be works made for hire, Contractor hereby transfers and assigns to the Courts the ownership of copyright in such works, whether published or unpublished. 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 in common law or in equity in such data. The Contractor shall not publish or reproduce such data in whole or in part or in any manner or form, or authorize others to do so, without written consent of the Courts until such time as the Courts may have released such data to the public.

(f) The Courts will have restricted rights in data, including computer software and all accompanying documentation, manuals and instructional materials, listed or described in a license or agreement made a part of this contract, which the parties have agreed will be furnished with restricted rights, provided however, notwithstanding any contrary provision in any such license or agreement, such restricted rights shall include, as a minimum the right to:

(i) Use the computer software and all accompanying documentation and manuals or instructional materials with the computer for which or with which it was acquired, including use at any Courts installation to which the computer may be transferred by the Courts;

(ii) Use the computer software and all accompanying documentation and manuals or instructional materials with a backup computer if the computer for which or

Solicitation No.: DCSC-23-RFP-163 Legal Case & Document Management System Page 22 of 47 with which it was acquired is inoperative;

(iii) Copy computer programs for safekeeping (archives) or backup purposes; and modify the computer software and all accompanying documentation and manuals or instructional materials, or combine it with other software, subject to the provision that the modified portions shall remain subject to these restrictions.

(g) The restricted rights set forth in Section I(f) are of no effect unless:

(i) the data is marked by the Contractor with the following legend:

RESTRICTED RIGHTS LEGEND

Use, duplication, or disclosure is subject to restrictions stated in Contract

No.DCSC-23-RFP-163 with _________________________________; and

(Insert Contractor’s Name)

(ii) If the data is computer software, the related computer software documentation includes a prominent statement of the restrictions applicable to the computer software. The Contractor may not place any legend on the computer software indicating restrictions on the Courts’ rights in such software unless the restrictions are set forth in a license or agreement made a part of the contract prior to the delivery date of the software. Failure of the Contractor to apply a restricted rights legend to such computer software shall relieve the Courts of liability with respect to such unmarked software.

(h) In addition to the rights granted in Section I.5.6 above, the Contractor hereby grants to the Courts a nonexclusive, paid-up license throughout the world, of the same scope as restricted rights set forth in Section I.5.6 above, under any copyright owned by the Contractor, in any work of authorship prepared for or acquired by the Courts under this contract. Unless written approval of the Contracting Officer is obtained, the Contractor shall not include in technical data or computer software prepared for or acquired by the Courts under this contract any works of authorship in which copyright is not owned by the Contractor without acquiring for the Courts any rights necessary to perfect a copyright license of the scope specified in the first sentence of this paragraph.

(i) Whenever any data, including computer software, are to be obtained from a subcontractor under this contract, the Contractor shall use this clause, I.5, Rights in

Data, in the subcontract, without alteration, and no other clause shall be used to enlarge or diminish the Courts’ or the Contractor’s rights in that subcontractor data or computer software which is required for the Courts.

(j) For all computer software furnished to the Courts with the rights specified in Section

I.5.5, the Contractor shall furnish to the Courts, a copy of the source code with such rights

Solicitation No.: DCSC-23-RFP-163 Legal Case & Document Management System Page 23 of 47 of the scope specified in Section I.5.5. For all computer software furnished to the Courts with the restricted rights specified in Section I.5.6, the Courts, if the Contractor, either directly or through a successor or affiliate shall cease to provide the maintenance or warranty services provided the Courts under this contract or any paid-up maintenance agreement, or if Contractor should be declared bankrupt or insolvent by a court of competent jurisdiction, shall have the right to obtain, for its own and sole use only, a single copy of the then current version of the source code supplied under this contract, and a single copy of the documentation associated therewith, upon payment to the person in control of the source code the reasonable cost of making each copy.

(k) The Contractor shall indemnify and save and hold harmless the Courts, its officers, agents and employees acting within the scope of their official duties against any liability, including costs and expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy, arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any data furnished under this contract, or (ii) based upon any data furnished under this contract, or based upon libelous or other unlawful matter contained in such data.

(l) Nothing contained in this clause shall imply a license to the Courts under any patent, or be construed as affecting the scope of any license or other right otherwise granted to the Courts under any patent.

(m) Sections I(f) – I(h) and I(k) – (l) above are not applicable to material furnished to the Contractor by the Courts and incorporated in the work furnished under the

Contract, provided that such incorporated material is identified by the Contractor at the time of delivery of such work.

I.6 Other Contractors

The Contractor shall not commit or permit any act that will interfere with the performance of work by another Courts contractor or by any Courts employee.

I.7 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.8 Disputes

Any dispute arising under or out of this contract is subject to the provisions of Chapter 8

(Protests, Disputes and Claims) of the Procurement Guidelines of the District of

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Columbia Courts, which is available at https://www.dccourts.gov/about/procurement-contracts-branch.

I.9 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.10 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.11 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.12 Insurance

A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and maintain, during the entire period of performance under this contract, the types of insurance specified below. The Contractor shall have its insurance broker or insurance company submit a Certificate of Insurance to the Contracting Officer (CO) giving evidence of the required coverage prior to commencing performance under this contract. In no event shall any work be performed until the required Certificates of Insurance signed by an authorized representative of the insurer(s) have been provided to, and accepted by, the CO.

All insurance shall be written with financially responsible companies authorized to do business in the District of Columbia or in the jurisdiction where the work is to be performed and have an A.M. Best Company rating of A- / VII or higher. The Contractor shall require all of its subcontractors to carry the same insurance required herein.

All required policies shall contain a waiver of subrogation provision in favor of the

Government of the District of Columbia Courts.

The District of Columbia Courts shall be included in all policies required hereunder to be maintained by the Contractor and its subcontractors (except for workers’ compensation and professional liability insurance) as an additional insureds for claims against the District of

Columbia Courts relating to this contract, with the understanding that any affirmative obligation imposed upon the insured Contractor or its subcontractors (including without

Solicitation No.: DCSC-23-RFP-163 Legal Case & Document Management System Page 25 of 47 limitation the liability to pay premiums) shall be the sole obligation of the Contractor or its subcontractors, and not the additional insured. The additional insured status under the

Contractor’s and its subcontractors’ Commercial General Liability insurance policies shall be affected using the ISO Additional Insured Endorsement form CG 20 10 11 85 (or CG 20

10 07 04 and CG 20 37 07 04) or such other endorsement or combination of endorsements providing coverage at least as broad and approved by the CO in writing. All of the

Contractor’s and its subcontractors’ liability policies (except for workers’ compensation and professional liability insurance) shall be endorsed using ISO form CG 20 01 04 13 or its equivalent so as to indicate that such policies provide primary coverage (without any right of contribution by any other insurance, reinsurance or self-insurance, including any deductible or retention, maintained by an Additional Insured) for all claims against the additional insured arising out of the performance of this Statement of Work by the

Contractor or its subcontractors, or anyone for whom the Contractor or its subcontractors may be liable. These policies shall include a separation of insureds clause applicable to the additional insured.

If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits than the minimums shown below, the District requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Grantee and subcontractors.

1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide evidence satisfactory to the CO with respect to the…