H_Carl_Moultrie_Courthouse-C_Street_Expansion_Data_Wire_Removal_.pdf

DISTRICT OF COLUMBIA COURTS

SOLICITATION, OFFER AND AWARD

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS ISSUED: 6/15/2015

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH

616 H STREET, N.W., ROOM 622

WASHINGTON, D.C. 20001

CLOSING DATE: 7/7/2015

SOLICITATION NUMBER: DCSC-15-RP-0050 CLOSING TIME: 2:00PM

OFFER/BID FOR: C Street Expansion Data Wire Removal MARKET TYPE: Open

TABLE OF CONTENTS

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

X A Solicitation/Offer/Award Form 1 X H Special Contract Requirements 23 X B Supplies or Services & Price /Cost 6 X I Contract Clauses 26 X C Description/Specs. Work Statement 9 X J List of Attachments 30

D Packaging and Marking 12 X K Representation Certificates 31 X E Inspection and Acceptance 13 X L Instructions, Conditions, Notices 34 X F Deliveries and Performance 17 X M Evaluation Factors for Award 45 X G Contract Administration Data 18

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

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

OFFEROR

Name:

Street:

City, State:

Zip Code:

Area Code & Telephone Number:

Name and title of Person Authorized to Sign Offer:

(Type or Print)

Signature

(Seal)

Date:

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 OFFICE

CONTRACT PERIOD:

AWARD DATE

All written communications regarding this solicitation should be addressed to the Contracting Officer at the mailing address listed on page 1. All communications should be 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 offeror acknowledges receipt of Addenda to the solicitation and related documents numbered and dated as follows:

AMENDMENT

NO.

DATE AMENDMENT

NO.

DATE

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

2. WALSH-HEALY ACT

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

(a) Regular Dealer

( ) The Offeror is a Regular Dealer pursuant to Clause 28 of the District of

Columbia Courts General Contract Provisions.

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

District of Columbia Courts General Contract Provisions.

(b) Manufacturer

( ) The Offeror is a Manufacturer pursuant to Clause 28 of the District of

( ) The Offeror is not a Manufacturer pursuant to Clause 28 of the District of mailto:allendm@dcsc.gov

3. BUY AMERICAN CERTIFICATION

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

EXCLUDED END PRODUCTS COUNTRY OR ORIGIN

4. OFFICERS NOT TO BENEFIT CERTIFICATION

Each Offeror shall check one of the following:

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

(b) The following person(s) listed in Clause 21 of the District of Columbia Courts General Contract Provisions may benefit from this contract. For each person listed, attach the affidavit required by Clause 21 of the District of Columbia Courts General Contract Provisions.

5. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

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

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

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

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

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

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

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) above:

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

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

(a) (3) above; and

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

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

4. TYPE OF BUSINESS ORGANIZATION

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

5. PAYMENT IDENTIFICATION NO.

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

Please list below applicable vendor information:

Federal Tax Identification Number:

Or Social Security Number:

Dun and Bradstreet Number:

Legal Name of Entity Assigned this Number:

Street Address and/or Mailing Address:

City, State, and Zip Code:

Type of Business:

Telephone Number:

Fax Number:

PAYMENTS UNDER TERMS OF ANY CONTRACT RESULTING FROM THIS

SOLICITATION WILL BE HELD IN ABEYANCE PENDING RECEIPT OF A VALID

FEDERAL TAX IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER.

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

B.1 The District of Columbia Courts are seeking a qualified Contractor to label existing production cables and remove abandoned and old cabling located at 500 Indiana Avenue N.W., Washington, D.C. 20001 (the H Carl Moultrie Courthouse), C St. Level Data Center. The Courts intends to award a firm-fixed-price contract as a result of this solicitation.

B.2 The offeror’s shall submit a price for the services specified below in Section B.4.1and in accordance with Section C, Scope of Services, of this Request for Proposals (RFP).

B.3 CONTRACT PRICE:

B.3.1 This Contract shall be a Firm Fixed Price Contract (Project management, cable survey & cable design document, and removing abandoned cables within the following floors: C Street Level thru 4th floor East and West telephone closets C, H, J rear of H Carl Moultrie Courthouse).

B.3.2 The Cost Breakdown schedule and pricing form must be filled out for all pricing components.

B.3.3 Contractor shall determine what values to include in pricing and conduct a mandatory walk-through of the project as a pre-bid requirement.

B.4 PRICE SCHEDULE AND PAYMENTS

B.4.1 Below is an example summary of the pricing elements of the Firm Fixed Price for the

Data wire removal cleanup.

FIXED PRICE SUMMARY

Item #

Item Description Unit Price

Quantity

Total Price

0001 Project management $

0002 Cable survey, selective demolition & cable removal document

0003 Removing abandoned cables

0004 Labeling production cables $

Total $

B.5 BACKGROUND/GENERAL

The Courts, the judicial branch of the District of Columbia government, is comprised of the Court of Appeals, the highest court of the District; the Superior Court of the District of Columbia, a trial court with general jurisdiction over virtually all local legal matters; and the Court System, which provides administrative support functions of both Courts. Its mission is to protect rights and liberties, uphold and interpret the law, and resolve disputes peacefully, fairly and effectively in the nation's capital. The Courts’ mission and its operations rely heavily on information technology (IT), and the organization’s dependence on technology will continue into the future.

The Data wiring demolition areas are within the H Carl Moultrie Courthouse within the East and West Wings and South Side, along with the DC Courts telephone closet’s located within the following: C-East, H-East and J-West.

The demolition areas are within the following floors:

C- Level: 500 Indiana Avenue N.W., Washington, D.C. 20001

(Moultrie Courthouse)

JM Level: 500 Indiana Avenue N.W., Washington, D.C. 20001

1ST Floor: 500 Indiana Avenue N.W., Washington, D.C. 20001

2ND Floor: 500 Indiana Avenue N.W., Washington, D.C. 20001

3RD Floor: 500 Indiana Avenue N.W., Washington, D.C. 20001

4TH Floor: 500 Indiana Avenue N.W., Washington, D.C. 20001

B.5.1 One of the Courts IT Data Centers is located at the C level of the Moultrie Courthouse. The Moultrie Data Center used to be the only Data Center for the Courts that hosted the legacy mainframe systems and communication systems.

Over the life of the Moultrie Courthouse, accumulation of old, abandoned wire and Communications cabling have become a major issue from a legal standpoint as well as a safety standpoint. Numerous modifications, reconfigurations and technology updates have resulted in thousands of feet of unused cables abandoned in open plenum ceilings, and in hollow walls and risers. Significant portions of this cabling is not live due to personal moving to swing space with the anticipation of the C Street Expansion future construction.

Abandoned cabling not only adds to the fire loading levels of the building, it also restricts the air flow in the return air plenums. In direct response to these issues, the National Electrical Code (NFPA 70, NEC) recognizes the extent and seriousness of the matter by mandating the removal of all accessible, abandoned cabling from the building.

B.5.2 The NEC defines abandoned Communication Cable as “Installed communications cable that is not terminated at both ends at a connector, or other equipment, and not identified for future use with a tag.” The NEC is adopted by the D.C. Regulatory Authority (DCRA), the Authority Having Jurisdiction (AHJ), as an applicable code.

Hence, requirements of the code are to be complied with.

B.5.3 Furthermore, the Courts plan to build new office space on the south side of the H

Carl Moultrie Courthouse which has been mandated to remove all unused data cables in the space prior to new construction.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1

I.

STATEMENT OF WORK

Project Management The Contractor shall describe performance standards in terms of program management activities that include (but are not limited to) schedule management; budget management; project management; resources management; contract management; relationship management including coordination with end users and other vendors that may be working in adjacent spaces on other projects; communications management; and change management activities.

II. Cable Survey, Selective Demolition & Cable Design Document

The Contractor shall conduct a comprehensive communications wiring system survey throughout the South side of the Moultrie Courthouse. The survey shall examine all telephone closets where cabling is installed. This includes ceiling spaces, communications closets, risers, and vacated office space on the south side of the Moultrie Courthouse.

A. The survey process shall be sequenced to coincide with The Master Moultrie Courthouse Project Schedule to assure that the cabling work will begin prior to areas where construction will start over the next several months. These projects and their start dates shall be identified by the Capital Projects and Facilities Management Division.

B. The survey shall include not only identification of the abandoned cable, but also testing, permanently labeling and documenting all cables remaining in use. The survey shall document the cable types and cable pathway throughout the building. The survey shall result in all wiring identified as – in use, tagged for future use or abandoned.

C. The survey shall include a thorough investigation, which may require selective partial demolition of existing ceiling, walls or finishes. Where such selective demolition is required, it shall be performed under this contract. Demolished ceilings, walls, finishes etc. shall be restored to their original condition. Cable layout, labeling naming convention and cable connectivity shall be documented in the Cable Design Document and coincide with The DC Courts Cable & Wire Management Procedures Manual 2010.

D. The survey shall start at the telecommunications closets and be followed by risers, ceiling spaces and vacated office spaces to identify all cabling.

E. The contractor shall cover and protect all equipment from dust and debris during construction.

F. The Contractor shall protect orange tubes that carry Building fiber in the data center reference the DC Courts Cable & Wire Management Manual 2010 section 3.2.0

III. Labeling production/spare cables & removing abandoned cables A. All cables shall be tested, secured and identified as either active or inactive. Cables remaining as active (in use) shall be permanently labeled and documented as such.

B. Cables identified as not in use / abandoned shall be marked on both ends using red tags or easily discernible means for removal.

C. Any cabling identified as future reuse shall be tagged as such. The cable identified as future use shall be provided with the tags at each end to include the intended date of activation and a description of the future use.

D. The active / in use cables shall be tagged to identify at the connector and equipment end per cable identification convention established by the previously referenced DC Courts Cable and Wire Management Procedures Manual 2010 page 3 section 3.1.0. The cable in use shall be tested, permanently labeled, secured and documented.

E. Upon completion of initial survey and identification of the cables, all findings shall be submitted to the Courts’ IT division for their review and or comment.

F. The orange tubes, currently utilized for the protection of the fiber cables, shall remain after the equipment is relocated. Refer to the DC Courts Cable and Wire Management Manual 2010 section 3.2.0

G. The cable removals shall be scheduled to minimize disruption to the occupant. The removals shall be scheduled to coordinate with ongoing and or future construction projects.

PART 1

SECTION D - PACKAGING AND MARKING

This section is not applicable to this solicitation.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Inspection Of Services.

(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.

E.2 Inspection of Services.

(a) “Services” as used in this clause includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Court covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Court during contract performance and for as long afterwards as the contract requires.

(c) The Court has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Court will perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Court performs inspections or tests on the premises of the Contractor or subcontractor, the Contractor shall furnish, without additional charge, all reasonable facilities, and assistance for the safety and convenient performance of these duties.

(e) If any of the services do not conform to the contract requirements, the Court 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 Court 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.

(f) 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 Court may (1) by contract or otherwise, perform the services and charge the Contractor any cost incurred by the Court that is directly related to the performance of such services, or (2) terminate the contract for default.

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Term of Contract:

F.1.1 The term of the contract shall be for eighteen (18) months from the date of award of the contract. The date of award shall be the date the Contracting Officer signs the contract document.

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 COTR the deliverables specified below within the designated time frames:

F.2.1 Contractor shall provide a project schedule within (7) seven business days of the contract award. An initial schedule shall be created to outline the tasks and associated timelines for the project. The project schedule shall take into consideration the master building construction schedule. Once information, requirements, and priorities have been verified and approved by the COTR, the schedule shall be finalized and then distributed to the IT Dept. and ASD.

F.2.2 Contractor shall provide a Cable Design Document that contains labeling naming convention, cable layout, cable pathway, connectivity, and color schemes within

(7) business days of the contract award. Reference the DC Courts Cable & Wire Management Manual 2010 section 3.0.

SECTION G -CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices.

The Contractor shall be compensated in the following manner:

G.1.1 The Contractor shall prepare invoice in duplicate and submit them to the Contracting Officer’s Technical Representative (COTR). 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 Terms of Payment

Payments shall be dispersed upon a predetermined percentage of completion; 25%, 50%, 75%, and with final payment due at 100% - Substantial Completion. Inspection shall occur at every level to assure work is completed in concordance with Courts Standards and regulations.

G.1.3 At a minimum, to constitute a proper invoice, the Contractor's invoice shall include the following information:

a.

b.

c.

d.

e.

f.

g.

h.

Name and address of the Contractor;

The contract number and Contract Order number;

Invoice date;

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

Date the services or supplies were rendered;

Shipping & payment terms;

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

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

i. The Contractor’s Electronic Fund Transfer (EFT) routing identification (bank name and code, account number) or the Contractor's complete remittance or check mailing address, including the name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent; and

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

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

G.1.6 In addition, the Contractor shall complete Attachment J.8 - District of Columbia Courts Release of Claims form and submit to the Contracting Officer.

G.2. Payment Office.

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

Accounting Supervisor Financial Operations Division D.C. Superior Court 616 H Street, N.W., Suite 600 Washington, D.C. 20001 202-879-2813

G.3 Billing/Payment.

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

G.4 Progress Payments

I. Based upon Applications for Payment submitted to the Owner by the

Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

II. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month.

III. Provided that an Application for Payment is received by the Owner not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 25th day of the following month. If an Application for Payment is received by the Owner after the application date fixed above, payment shall be made by the Owner no later than Thirty (30) days after the Owner receives the correct Application for Payment.

IV. Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.

The schedule of values shall allocate the entire contract sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require.

This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment.

V. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

VI. Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

A. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of ten percent (10.00%) to be modified as described in Section 5.1.8. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997;

B. Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ten percent (10.00%);

C. Subtract the aggregate of previous payments made by the Owner; and

D. Subtract amounts, if any, for which the Owner has withheld or nullified a

Certificate for Payment as provided in Section 9.5 of attached AIA Document A201-1997.

VII. The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances:

A. Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Owner and Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.)

B. Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-1997.

VIII. Reduction or limitation of retainage, if any, shall be as follows:

(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections A.2.8/ VI /i. and A.2.8/ VI / ii. above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.)

Until the contract completion exceeds fifty percent (50.00%), the retainage will be held at ten percent (10.00%) of the value of the work completed to date. For each Application for Payment after fifty percent (50.00%) completion is achieved, retainage will be equal to ten percent (10.00%) of the current total contract amount, regardless of the actual current percentage of completion.

IX. Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

G.5 Final Payment

A. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when:

i. the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and

ii. A final Certificate for Payment has been issued by the Owner.

B. The Owner's final payment to the Contractor shall be made no later than thirty

(30) days after the issuance of the Owner's final Certificate for Payment.

G.6 Audits.

G.6.1 At any time or times before final payment and three (3) years thereafter, the

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

G.7 Contracting Officer and Contracting Officer’s Technical Representative

(COTR).

G.7.1 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

G.7.2 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:

NAME: Sidney J. Hare TITLE: Network Operation Manager DIVISION: Information & Technology ADDRESS: 410 E St. NW, Washington, DC 20001

G.7.3 Authorized Representative of the Contracting Officer.

G.7.4 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.7.5 THE RESULTANT CONTRACTOR IS HEREBY FOREWARNED THAT ABSENT THE

REQUISITE AUTHORITY OF THE COTR TO MAKE ANY SUCH CHANGES,

CONTRACTOR MAY BE HELD FULLY RESPONSIBLE FOR ANY CHANGES NOT

AUTHORIZED IN ADVANCE, IN WRITING, BY THE CONTRACTING OFFICER,

MAY BE DENIED COMPENSATION OR OTHER RELIEF FOR ANY ADDITIONAL

WORK PERFORMED THAT IS NOT SO AUTHORIZED, AND MAY BE ALSO BE

REQUIRED, AT NO ADDITIONAL COST TO THE COURTS, TO TAKE ALL

CORRECTIVE ACTION NECESSITATED BY REASON OF THE UNAUTHORIZED

CHANGES.

SECTION H - SPECIAL CONTRACTS REQUIREMENTS

H.1 Other Contractors.

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

H.2 Disclosure of Information.

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

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

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

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

H.3 Rights in Data.

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

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

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

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

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

H.4 Security Requirements

The requirement for Contractor personnel to obtain a security clearance as designated by the Contracting Officer may arise per District of Columbia Courts security policies and procedures. The District of Columbia Courts will notify the Contractor of all such requirements as soon as practicable.

H.5 Publicity

The Contractor shall at all times obtain the prior written approval from the Court’s Contracting Officer 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.6 Wage Rates

The Contractor is bound by the attached Wage Determination No.

Revision No. 17 , dated 12/2014 , issued by the U.S. Department of Labor, in accordance with the Service Contract Act of 1965, as amended (41(U.S.C. 351, incorporated herein as Attachment J. 9 . The Contractor shall be bound by the prevailing wage rates for the term of the contract. If the Courts exercise any option year, the Contractor shall be bound by the wage determinations in effect at that time.

PART II

SECTION I - CONTRACT CLAUSES

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

Contracts.

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

I.2 Restriction On Disclosure and Use of Data.

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

I.3 Ethics in Public Contracting.

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

I.4 Disputes.

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

I.5 Laws and Regulations.

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

I.6 Non-Discrimination.

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

I.7 Examination of Books and Records.

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

I.8 Record Keeping.

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

I.9 Subcontracts.

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

I.10 Protest.

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

I.10.1.1 Administrative Services Division

District of Columbia Courts 616 H Street, N.W., Suite 622

I.10.2 A protest shall include the following:

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

I.10.2.2 solicitation or contract number;

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

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

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

I.11 Insurance.

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

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

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

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

I.12 Cancellation Ceiling.

I.12.1 In the event of cancellation of the contract because of nonappropriation for any fiscal year after fiscal year _2015 , there shall be a cancellation ceiling of zero dollars representing reasonable preproduction and nonrecurring costs, which would be applicable to the items or services being furnished and normally amortized over the life of the contract.

I.12.2 Property Rights

The Courts will retain all intellectual property rights of the original materials and all products resulting from this project shall be the property of the Courts and may not be used or distributed for any purpose without prior written consent of the

Courts. Offeror’s must deliver any copies to the Courts and is not to reproduce or republish in any form.

PART III

LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

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

J.2 Anti-Collusion Statement

J.3 Ethics in Public Contracting

J.4 Non-Discrimination

J.5 Certification of Eligibility

J.6 Tax Certification Affidavit

J.7 Certification Regarding a Drug-Free Workplace

J.8 District of Columbia Courts Release of Claims

J.9 Wage Determination

J.10 AIA Document A201-1997

J.11 DC Courts Cable & Wire Management Procedures Manual 2010

PART IV

REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF OFFERORS

K.1 Certification Regarding a Drug-Free Workplace.

K.1.1 Definitions. As used in this provision:

K.1.1. "Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C.)

and as further defined in regulation at 21 CFR 1308.11 - 1308.15.

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

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

K.1.1.4 "Drug-free workplace" means the site (s) for the performance of work done by the Contractor in connection with a specific contract at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

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

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

K.1.2 By submission of its offer, the offeror, if other than an individual who is making an offer that equals or exceeds $25,000.00, certifies and agrees, that with respect to all employees of the offeror to be employed under a contract resulting from this solicitation, it will - no later…