Dell_Solicitation_-_9030All-in-One-.pdf

DISTRICT OF COLUMBIA COURTS

REQUEST FOR QUOTATION

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: 9/3/2014

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH

616 H STREET, N.W., ROOM 616

WASHINGTON, D.C. 20001

OPENING DATE: 9/17/2014

SOLICITATION NUMBER: DCSC-14-IB-0058 OPENING TIME: 2:00 P.M.

Description: Dell Optiplex 9030 All-in-One Workstation

MARKET TYPE: 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 22

X B Supplies or Services & Price /Cost 6 X I Contract Clauses 30

X C Description/Specs. Work Statement 9 X J List of Attachments 33

X D Packaging and Marking 13 X K Representation Certificates 34

X E Inspection and Acceptance 14 X L Instructions, Conditions, Notices 37

X F Deliveries and Performance 17 X M Evaluation Factors for Award 45

X G Contract Administration Data 19

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/CSB will constitute a Formal Contract.

OFFEROR

Name and title of Person Authorized to Sign Offer:

(Type or Print)

Name:

Street:

City, State:

Zip Code:

Signature

(Seal)

Date:

Area Code &

Telephone Number:

Impress

Corporate

Seal

Corporate (Seal)

(Secretary) _____________________________________ (Attest)

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

CONTRACT NO._________________________________________________AWARD AMOUNT $____________________________

ACCEPTED AS TO THE FOLLOWING ITEMS:

DISTRICT OF COLUMBIA COURTS

BY:______________________________________

CONTRACTING OFFICER

CONTRACT PERIOD: __________________________________________ _________________________________________

AWARD DATE

All written communications regarding this solicitation should be addressed to the Contracting Officer and directed by email to Darryl Allen, Contract Specialist at allendm@dcsc.gov

This solicitation is an OPEN MARKET procurement.

REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

1. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NO.

DATE

AMENDMENT

NO.

DATE

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

2. WALSH-HEALY ACT

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

(a) Regular Dealer

( ) The Bidder is a Regular Dealer pursuant to Clause 28 of the District of Columbia Courts

General Contract Provisions.

( ) The Bidder is not a Regular Dealer pursuant to Clause 28 of the District of Columbia

Courts General Contract Provisions.

(b) Manufacturer

( ) The Bidder is a Manufacturer pursuant to Clause 28 of the District of Columbia Courts

General Contract Provisions.

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

Courts General Contract Provisions.

3. BUY AMERICAN CERTIFICATION

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

EXCLUDED END PRODUCTS COUNTRY OR ORIGIN

4. OFFICERS NOT TO BENEFIT CERTIFICATION

Each Bidder shall check one of the following:

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

Provisions will benefit from this contract.

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

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

Provisions of the District of Columbia Standard Contract Provisions.

5. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

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

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

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

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

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

(1) Is the person in the Bidder’s organization responsible for determining the prices being offered in this bid, 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 bid and the title of his or her position in the Bidder’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 Bidder deleted or modifies subparagraph (a) (2) above, the Bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure.

6. TYPE OF BUSINESS ORGANIZATION

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

7. PAYMENT IDENTIFICATION NO.

The District of Columbia Courts utilizes an automated vendor database. The system is the Data-Universal-Numbering-System (D-U-N-S) which is a numbering system designed and maintained by the Dun & Bradstreet Corporation. All firms are required to submit their D-U-N-S number as part of their bids. To determine if you have a valid D-

U-N-S number, please contact the closest Dun & Bradstreet Office. If a number has not been previously assigned to your firm, you must get one assigned. There is no charge to have a number assigned nor does Dun & Bradstreet require you to provide credit rating information in order to receive a D-U-N-S number.

Individuals must submit their social security number(s) since D-U-N-S numbers are not assigned to individuals.

Please list below applicable vendor information:

D-U-N-S Number: _________________________________________________

Or

Social Security Number: ____________________________________________

Federal Tax Identification 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

D-U-N-S NUMBER, SOCIAL SECURITY NUMBER, or FEDERAL TAX

INDENTIFICATION NUMBER.

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

B.1 The District of Columbia Courts is seeking a qualified Contractor to provide six hundred (600) new Dell Optiplex 9030 All-in-One Workstations to be utilized throughout the DC Courts. The Court intends to award a contract as a result of this solicitation to the responsible bidder whose bid is most advantageous to the

Court.

B.2 The bidder shall submit a price for the services specified below in Section B.3 and in accordance with Section C, Scope of Services. Bidders are encouraged to provide the Court with their best price. Bidders should identify each line item of

Section B of their response if their price represents an Open Market Price or a

Federal Supply Schedule (FSS) price.

B.3 CONTRACT PRICE:

CLIN Description Quantity FSS/or

Open

Market

Unit

Price

Discount

Net Price

001 Dell

Optiplex

930 All-in-

One

Workstation

(See B.4)

002 Professional

Installation

Service

(See C.1)

TOTAL

PRICE

B.4 Specification for CLIN# 1 - Dell OptiPlex 930 All-in-One Workstations:

B.4.1 Dell OptiPlex 9030 All-in-One OptiPlex 9030 AIO BTX, Windows 7

Professional English/French 64bit (Includes Windows 8.1 Pro license)

B.4.2 Processor: Intel® Core™ i3-4150 Processor (Dual Core, 3MB, 3.50GHz w/HD4400 Graphics)

B.4.3 Memory: 8GB (2x4GB) 1600MHz DDR3L Memory

B.4.4 Hard drive: 500GB 5400 rpm SATA Hard Drive.

B.4.5 Optical Drive: 8X DVD+/-RW

B.4.6 NIC: Gigabit network card/chip

B.4.7 Video: Intel Integrated Graphics

B.4.8 Audio: Integrated audio, microphone and headphone front ports

Input: USB (7 ports)

B.4.9 Operating System: Windows 7 Professional English 64bit (includes

Windows 8.1 license)

B.4.10 System Power Cord (English)

B.4.11 Keyboard US English (QWERTY) Dell KB212-B Quiet-Key USB

Keyboard Black Speaker

B.4.12 All- in-one Solution Integrated Optional Height Adjustable Stand

LCD 23 IN WLED Full-HD AIO Non-Touch Display

Mouse Dell MS111 USB Optical Mouse

B.4.13 Service and Support: 3 Year Basic Hardware Service with 3 Year NBD

Onsite Service after Remote Diagnosis

B.5 Back-Ground/General

In addition to providing of (600) computer 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 onto the workstations prior to deployment.

B.5.1 STAGING AND HOLDING AREAS

The Courts shall provide a receiving area at 6217 Columbia Rd. Cheverly, MD

20785 where the Contractor shall un-box the workstations, barcode the items, and consolidate the items into boxes. The Contractor will deliver these items from the facility in Cheverly, MD to the appropriate deployment location at the DC Court’s campus which includes: 500 Indiana Avenue NW, 515 5 th

Street NW, 510 4 th

Street NW, 410 E Street NW, and 616 H Street NW, Washington, DC 20001. 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 the DC Courts, Building C at 410 E Street NW, Lower Level, Washington, DC 20001

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 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 DC Courts.

C.1.1 Gather appropriate requirements for deployment from the Contracting Officers

Technical Representative

C.1.2 Backup and Restore user’s My Documents

C.1.3 Backup and restore user’s Favorites

C.1.4 Backup and restore mapped drives

C.1.5 Backup and restore mapped network printers and other peripherals (scanners, label printers, etc).

C.1.6 Rename workstation to Court’s standard naming convention.

C.1.7 Join PC to ad.dcsc.gov domain

C.1.8 Install pre-identified software on PC at time of deployment

C.1.9 Provide 90 days of post-deployment support for each workstation

C.1.10 Deploy hardware to the end-user from a staged central location

C.1.11 Log asset/service tag, user name, computer name, and location information for each PC

C.1.12 Move the de-installed equipment to a central staging location

C.1.13 Wipe each de-installed PC with approve DoD application.

C.1.14 Log asset/service tag information for each de-installed PC

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 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

Court 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 on or more of the following certifications: A+, MCP or 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 procedure.

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

C.2.2 Project Assumptions:

a) There are Five (5) Courts’ buildings that comprise the scope of services.

b) There are a minimum of six hundred (600) computer workstations that will be refreshed and re-imaged with an authorized image provided by the Courts.

c) There are six hundred (600) 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 carry out 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 Contracting Officer’s Technical

Representative (COTR).

f) Peripherals added by the user shall be migrated. Examples of this include, but not limited to wireless mice/keyboards, external hard drives, and smart phones.

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 8 AM to 5:30 PM local time, Monday through Friday; excluding holidays.

h) The selected Contractor shall move all replace hardware as a result of the replacement 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 communication 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.

PART 1

SECTION D - PACKAGING AND MARKING

This section is not applicable to this solicitation.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Inspection Of Supplies

(a) “Supplies,” as used in this clause, includes, but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall be responsible for the materials or supplies covered by this contract until they are delivered at the designated point, but the Contractor shall bear all risk on rejected materials or supplies after notification of rejection. Upon the Contractor’s failure to cure within ten (10) days after date of notification, the Court may return the rejected materials or supplies to the Contractor at the Contractor’s risk and expense.

(c) The Contractor shall provide and maintain an inspection system acceptable to the Court covering supplies under this contract and shall tender to the Court for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the

Court during contract performance and for as long afterwards as the contract requires. The

Court may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under this contract.

(d) The Court has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Court will perform inspections and tests in a manner that will not unduly delay the work. The Court assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in the contract.

(e) If the Court performs inspection or test on the premises of the Contractor or subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, without additional charge, all reasonable facilities, and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Court will bear the expense of Court inspections or tests made at other than Contractor’s or subcontractor’s premises, provided, that in case of rejection, the Court will not be liable for any reduction in the value of inspection or test samples.

(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes re-inspection or retest necessary.

(f) The Court has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or otherwise not in conformity with contract requirements. The Court may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the

Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and when required, shall disclose the corrective action taken.

(h) If the Contractor fails to remove, replace, or correct rejected supplies that are required to be replaced or corrected within ten (10) days, the Court may either (1) by contract or otherwise, remove, replace or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i) If this contract provides for the performance of Court quality assurance at source, and if requested by the Court, the Contractor shall furnish advance notification of the time (i) when

Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract, and (ii) when the supplies will be ready for Court inspection.

(j) The Court request shall specify the period and method of the advance notification and the

Court representative to whom it shall be furnished. Requests shall not require more than two business days of advance notification if the Court representative is in residence in the

Contractor’s plant, nor more than seven business days in other instances.

(k) The Court will accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Court failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability upon the Court, for non-conforming supplies.

(l) Inspections and tests by the Court do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance.

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

(m) If acceptance is not conclusive for any of the reasons in subparagraph (l) hereof, the

Court, in addition to any other rights and remedies provided by law, or under provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the

Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or noncompliance, to repay such portion of the contract as is equitable under the circumstances if the Contracting

Officer elects not to require correction or replacement. When supplies are returned to the

Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the

Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the

Contracting Officer may authorize in writing) after receipt of notice from the Contracting

Officer specifying such failure, the Court will have the right to return the rejected materials at

Contractor’s risk and expense or contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Court thereby.

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Term of Contract:

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

F.1.2 Commencement of Work:

The work shall commence on the date of award.

F.2 Deliverables:

F.2.1 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 Technical Representative the deliverables specified below within the designated time frames:

F.2.2 Complete user acceptance sheets when services are finished per workstation daily by the close of business each day.

F.2.3 Daily status reports by the close of business each day.

F.2.4 Status updates when requested.

F.2.5 Detailed Project Plan for Workstation Deployment within three (3) business days from date of award.

F.2.6 Furnish, deliver and deploy six hundred (600) desktop computers in accordance with the approved Project Plan for Workstation deployment.

F.2.7 Contractor shall deliver all items under CLIN# 1 to: DC Courts, 6217

Columbia Road, Cheverly, MD 20785, Attn: John Sheriff between the hours of 8:00AM – 4:00PM. After the Contractor barcodes the items under CLIN# 1 , the Contractor will deliver the items for installation from the facility in Cheverly, MD to the appropriate buildings within the DC Court’s Campus as directed by the COTR.

SECTION G -CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices:

G.1.1 The Contractor shall submit to the COTR a breakdown of the charges of all products actually delivered. 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 products actually delivered or rendered and quantity;

d. Date the products 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 products were provided as stated.

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

COTR, 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 Contracting Officer’s Technical Representative

(COTR).

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:

Louis W. Parker Administrative Officer

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

G.4.2 Contracting Officer’s Technical Representative (COTR): The COTR is responsible for general administration of the contract and advising the Contracting Officer as to the Contractor’s performance or non-performance of the contract requirements. In addition, the COTR is responsible for the day-to-day monitoring and supervision of the contract. The COTR shall be:

John Sheriff IT Customer Service Manager Information & Technology Division 410 E St. N.W. 3 rd Floor

202-879-1878

G.5 Authorized Representative of the Contracting Officer.

G.5.1 The COTR will have the responsibility of ensuring that the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in this contract. It is understood and agreed that the COTR shall not have authority to make changes in the scope or terms and conditions of the contract.

G.5.2 THE RESULTANT CONTRACTOR IS HEREBY FOREWARNED THAT

ABSENT THE REQUISITE AUTHORITY OF THE CONTRACT

ADMINISTRATOR TO MAKE ANY SUCH CHANGES, CONTRACTOR

MAY BE HELD FULLY RESPONSIBLE FOR ANY CHANGES NOT

AUTHORIZED IN ADVANCE, IN WRITING, BY THE CONTRACTING

OFFICER, MAY BE DENIED COMPENSATION OR OTHER RELIEF

FOR ANY ADDITIONAL WORK PERFORMED THAT IS NOT SO

AUTHORIZED, AND MAY BE ALSO BE REQUIRED, AT NO

ADDITIONAL COST TO THE COURTS, TO TAKE ALL CORRECTIVE

ACTION NECESSITATED BY REASON OF THE UNAUTHORIZED

CHANGES.

SECTION H - SPECIAL CONTRACTS REQUIREMENTS

H.1 Other Contractors

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

H.2 Disclosure of Information

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

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

H.2.3 Each office or employee of the Contractor to whom information may be available or disclosed shall be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by 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 District of Columbia Courts officials unless written approval is obtained in advance from the Contracting

H.3 Rights in Data

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

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

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

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

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

H.4 Contractor Management Responsibility

H.4.1 The Contractor shall appoint a Project Manager who will be the Contractor's

Authorized Representative for technical and administrative performance of all services required hereunder. The Project Manager shall provide the single point of contact through which all Contractor/Court communications, work and technical direction shall flow. The Project Manager will be present at scheduled deliverables presentations and responsible for insuring that any requested changes be made to the final product.

H.6 Permits, Licenses and Certificates

H.6.1 Those permits required to be obtained by the Contractor shall be applied for by the Contractor well in advance of his needs. If the Contractor experiences any difficulty in obtaining a permit, he shall immediately request assistance from the

Contracting Officer’ Technical Representative or designee.

H.6.2 Application shall be made by the Contractor or applicable authorized representatives to the Office of Licenses and Permits who will issue permits and certificates to the Contractor without charge provided that each application includes the District of Columbia Court contract number.

H.6.3 Permits, licenses and certificates which may be required must be arranged by the

Contractor at no extra cost.

H.6.4 Contractor shall prominently display all permits within the confines of the Limit of the Contract.

H.7 Utility Connections and Services

H.7.1 Electricity and water are available at the work site and will be made available free of charge to the Contractor for this contract.

H.7.2 Provide all temporary service connections and remove all temporary confections made upon completion of the work and restore services to a condition equal to or better than conditions as when connections were made.

H.8 Stoppage of Work

H.8.1 If the Contractor fails to abide by any or all of the provisions of the contract, the

Contracting Officer reserves the right to stop all work or any portion thereof, affected by the Contractors failure to comply with the contract requirements. This stoppage will remain in effect until the Contractor has taken action to meet the contract requirements. If the Contractor fails or refuses to meet all the provisions of the contract or any separable part thereof after written notification and work stoppage, the Court may terminate the right of the Contractor to proceed.

H.9 Subcontracts

H.9.1 Nothing contained in the contract documents shall be construed as creating any contractual relationship between any subcontractor and the Court.

H.9.2 The divisions or sections of the specifications are intended to control the

Contractor in dividing the work among the subcontractors or to limit the work performed by any trade.

H.9.3 The Contractor shall be as fully responsible to the Court for the acts and omissions of subcontractors, and of persons employed by them as he is for the acts and omissions of persons directly employed by him.

H.9.4 The Contractor shall be responsible for the coordination of the trades, subcontractors, materials, and persons engaged upon his work.

H.9.5 The Court will not undertake to settle any differences between the Contractor and his subcontractors or between subcontractors.

H.10 Safety Precautions:

H.10.1 The Contractor shall perform all site, plant and construction work in accordance with the Safety Standards of the District of Columbia and the Occupational Safety and Health Act of l970.

H.10.2 The Contractor or his representative shall be thoroughly familiar with these standards and have copies of the same available at the project site at all times.

H.10.3 Operators of explosive-actuated tools shall have a training certificate, as required by the Safety Code in their possession.

H.10.4 The Contractor shall be responsible for providing and installing adequate temporary shoring and/or bracing for all walls, slabs and like constructions if needed to perform the task.

H.10.5 The Government its officers, agents, servants and employees shall not be held liable for any property damages or physical harm resulting from inadequate protection.

H.10.6 Prior to execution of shoring and/or bracing, the Contractor shall submit details and calculations for shoring and/or bracing designs for the COTR’s review and concurrence.

H.10.7 Special precautions shall be exercised to prevent use of or access to Contractors materials, equipment or tools by occupants or entry by occupants into Contractors work areas.

H.11 Reference to Codes and Regulations

H.11.1 Where the District of Columbia codes and regulations and other codes and regulations are referred to in these specifications, they are minimum requirements.

H.11.2 Where the requirements of these specifications exceed the referred requirements of the codes and regulations, these specifications shall govern.

H.12 Protection

H.12.1 The Contractor shall protect existing public and private property to remain intact including but not limited to sidewalks, pavements, landscaping, etc., from damages by approved means such as planking, covering, temporary cement curbs, etc., and shall be responsible for the replacement of items to remain that are damaged by work under this contract. Damages to sidewalks, curbs, streets, public property and public utilities shall be repaired or replaced, as directed by the

Contracting Officer in accordance with standards of the agency having jurisdiction over the damaged property. Grouting of cracks in sidewalks and driveways will not be permitted.

H.12.2 Contractor shall be responsible for paint stains, broken shrubbery, broken windows and personal injury to workmen and the public during the performance of the work, and shall make restitution as required by the contract.

H.12.3 Nothing contained in foregoing provisions for fences, barricades or site protection shall be interpreted as making the Court a part to, liable for, or relieving the

Contract of:

(1) The Contractor’s responsibility for all injuries to property or premises;

(2) The Contractor’s responsibility for materials delivered and work performed until completion and final acceptance;

(3) The Contractor’s responsibility to sustain all costs, losses or damages arising out of the nature of the work to be done, or due to any unforeseen or usual obstructions of difficulties which may be encountered in the accomplishment of work, or resulting from the work, or resulting from the action of the elements; and

H.13 Warranty

H.13.1 The Contractor shall warrant that the work performed in connection with damage of city properties be free from all defects and agrees that for a period of one (l) year from date of acceptance by the Court, any repairs, replacements or adjustments made necessary because of such defects will be made promptly without cost to an to the satisfaction of the Court. The warranty shall not operate to defect the purpose of page 12, paragraph 11, Standard Contract Provisions, nor shall it act to avoid longer warranties by the manufacturer of the equipment or its components.

H.14 Debris and Cleaning

H.14.1 The Contractor shall, during the progress of the work, remove and properly dispose of the resultant dirt and debris daily and keep the premises clean and free from safety hazards.

H.14.2 Upon completion of the work, the Contractor shall remove all equipment, salvaged materials and unused materials from the site promptly (except any materials that are the property of the Court) and leave the premises in a neat and clean condition satisfactory to the Court.

H.14.3 Due to the use of the building it is extremely important that the Contractor execute his work in as clean a manner as possible with the use of drop cloths, dust barriers, enclosures, frequent debris cleanup and removal, and other control measures to minimize the spread of materials, noxious gases, dust, and other airborne materials beyond the work in the building.

H.15 Materials and Workmanship

H.15.1 Unless otherwise specified, all materials and equipment incorporated in the work under the contract shall be new. All workmanship shall be first class and by persons qualified in the respective areas.

H.15.2 In the absence of specific requirements for installation of a material or product, the Contractor will be held responsible for installation of said material or product in strict accordance with the manufacturers printed instructions and recommendations for a first class job.

H.16 Standards

H.16.1 Any material specified by reference to the number, symbol or title of a specific standard such as a Commercial Standard, a Federal Specification, ASTM specification or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto. It effects on the date of solicitation, except as limited to type, class or grade or modified in such reference. Interim Federal Specifications do not form a part of the contract requirements unless specifically mentioned in the various specification sections.

H.16.2 The standards referred to, except as modified in the specifications, shall have full force and effect as though printed in the specifications. Federal Specifications, Commercial Standards and other standard specifications will not be furnished to bidders. However, the Contracting Officer will furnish, upon request, information as to how copies of the standards referred to may be obtained.

H.16.3 Where a standard is referred to in the various sections of these specifications, it shall include the installation requirements specified therein unless specifically modified in the contract specifications.

H.17 Use of Premises

H.17.1 The Contractor shall not load or permit the loading of any part of any structure to such an extent as to endanger its safety.

H.17.2 The Contractor shall comply with the regulations governing the operation of premises, which are occupied and shall perform his contract in such a manner as not to interrupt or interfere with the conduct of Court.

H.17.3 Any work necessary to be performed after regular working hours, on Saturdays, Sundays or legal holidays, shall be performed without additional expense to the

Court.

H.17.4 The Contractor shall use only such entrances to the work area as designated by the

COTR.

H.17.5 Any work, once started, shall be completed as rapidly as possible and without unnecessary delay.

H.17.6 Only such portions of the premises as required for proper execution of the contract shall be occupied.

H.17.7 All work shall be performed in such manner as to cause minimum annoyance to occupants of adjacent premises and interference with normal traffic.

H.17.8 Work performed in existing buildings shall be executed in a manner that will cause minimum interference with facility occupants.

H.17.9 All work shall be carried on in an orderly manner performed in such manner to cause minimum:

(1) Interference with or disruption of normal activities in the building which is occupied; and

(2) Noises or disturbances.

H.18 Access to Building

(1) Contractor will be given access to the building, except to secure all sensitive areas or where work is specified to be performed at specified periods.

(2) Contractor will be given access to buildings only on Monday through

Friday of each week.

(3) Work on Saturdays, Sundays and holidays will not be permitted except with the written permission from the COTR.

(4) Contractor shall make all necessary arrangements for access to the building after regular working hours and/or for work on Saturday, Sunday or Holidays with the COTR.

(5) Should the Contractor desire to work on Saturdays, Sundays, or holidays, he/she must receive permission in writing from the COTR or designee. If permission is granted, all work performed shall be at no additional expense to the Court.

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:

Bidders who include in their bids 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 bid.

I.3 Ethics in Public Contracting:

The Bidder shall familiarize itself with the Court's policy entitled "Ethics In

Public Contracting". The bidder shall abide by such provisions in submission of its bid 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

Court’s "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

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