Solicitation_No._DCSC-16-IB-0015_-_District_of_Colummbia_Courts'_Crime_Victims_Compensation_Program_(CVCP)_Gift_Cards.pdf

DISTRICT OF COLUMBIA COURTS

SOLICITATION, OFFER AND AWARD

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: 01/08/2016

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH OPENING DATE: 01/26/16

616 H STREET, N.W., ROOM 612 OPENING TIME: 2:00 P.M.

WASHINGTON, D.C. 20001

CLOSING DATE:

SOLICITATION NUMBER: DCSC-16-IB-0015 CLOSING TIME:

OFFER/BID FOR: The Purchasing of Gift Cards MARKET TYPE: Open Market

For the District of Columbia Courts Crime Victims Compensation Program

TABLE OF CONTENTS

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

X A Solicitation/Offer/Award Form 1 X H Special Contract Requirements 20 X B Supplies or Services & Price /Cost 5 X I Contract Clauses 21 X C Description/Specs. Work Statement 7 X J List of Attachments 24 X D Packaging and Marking 14 X K Representation Certificates 28 X E Inspection and Acceptance 15 X L Instructions, Conditions, Notices 31 X F Deliveries and Performance 16 M Responsibility Determination 35 X G Contract Administration Data 17

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

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

OFFEROR

Name and title of Person Authorized to Sign Offer:

(Type or Print)

Name:

Street:

City, State:

Zip Code:

Signature

(Seal)

Date:

Area Code & Telephone Number:

Impress Corporate Seal

Corporate (Seal)

(Secretary) _____________________________________ (Attest)

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

CONTRACT NO._________________________________________________AWARD AMOUNT $____________________________

ACCEPTED AS TO THE FOLLOWING ITEMS:

DISTRICT OF COLUMBIA COURTS

BY:______________________________________

CONTRACTING OFFICER

CONTRACT PERIOD: __________________________________________ _________________________________________

AWARD DATE

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

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. 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.

3. 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 mailto:Reginald.Ramdat@dcsc.gov 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 bided 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 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 bided 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) (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 Bidder deletes 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.

4. TYPE OF BUSINESS ORGANIZATION

Bidder 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 vendor to furnish “gift cards” to the District of Columbia Courts for its Crime Victims Compensation Program.

The number of “gift cards” required per year is 3,600. The dollar value of each “gift cards” is one hundred dollars ($100.00).

B.2 DC Courts (the Courts) Crime Victims Compensation Program (CVCP) provides financial assistance to victims of violent crimes that occur in the District of Columbia. The nature of many clients’ victimization makes it unsafe for them to return home or remain in their community. The Courts offer an eligible clients emergency shelter and meals at hotels. Clients placed in hotels are provided with “gift cards” to be used to purchase specific items such as food products, baby products, toiletries.

B.3 A contract will be awarded to the responsible and responsive bidder whose bid meets all the requirements set forth in this solicitation and is the total lowest bid price. The bidder shall submit a price for the items(s) specified below.

B.4 BASE YEAR (12 MONTHS) CONTRACT PRICE:

Description Quantity Unit Unit Total Price Price

Gift Cards 3,600 Each $ $_________ (Value (@100 Dollars each)

B.5 OPTION YEAR ONE (12 MONTHS) CONTRACT PRICE:

Value (@100

B.6 OPTION YEAR TWO (12 MONTHS) CONTRACT PRICE:

B.7 OPTION YEAR THREE (12 MONTHS) CONTRACT PRICE:

B.8 OPTION YEAR FOUR (12 MONTHS) CONTRACT PRICE:

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SPECIFICATIONS:

C.1.1 The District of Columbia Courts are seeking a qualified Vendor to furnish “Gift Cards” to the District of Columbia Courts for its Crime Victims Compensation Program. The number of “Gift Cards” required per year is 3,600. The dollar value of each “Gift Cards” is one hundred dollars ($100.00).

C.2 Washington, D.C. is divided into 4 quadrants (See description/map is C.3 below). The vendor shall have at least one store located in each quadrant of the in each of the 4 quadrants of the District of Columbia.

C.3 RELATED FACTORS:

Each vendor shall complete the following:

FACTORS ARE LISTED IN

THE ORDER OF

IMPORTANCE

RESPONSE

1. The District of Columbia, Washington, D.C. is divided into 4 quadrants (See description/map below). How many stores do you have in each of the 4 quadrants.

Quadrant #1: Number of stores: ___________ Quadrant #2: Number of stores: ___________ Quadrant #3: Number of stores: ___________ Quadrant #4: Number of stores: ___________

2. What is the percentage of Discount does your company offer on a bulk purchase of gift cards?

3. Does your company have ability to limit gift cards to select items such as food products, baby products, toiletries, etc.?

4. Does your company have the ability to deliver the gift cards ordered by the Court to the Court’s location within 10 business days or less?

5. Does your company have the ability to allow the Court to order the gift cards electronically and to receive invoices electronically?

6. Does your company have the ability to allow the Court’s clients to purchase food items such as food products, baby products, toiletries, etc.

without a food card?

The DC Street System

North, South, and East Capitol Streets and The National Mall divide Washington, DC, into four sections or quadrants: Northwest, Northeast, Southwest, and Southeast. The nexus of the four quadrants is the US Capitol Building. See map below showing the quadrants:

The streets in DC run three ways: east-west, north-south, and diagonally. Lettered streets run east-west, numbered streets run north-south, and diagonal streets have state names.

The National Mall and East Capitol ST run west and east, respectively, away from the US Capitol so all the east-west lettered streets therefore run parallel to them.

Starting at the US Capitol, the first east-west streets north and south of the Capitol are named A ST, the second east-west streets north and south of the Capitol are named B ST, the third C ST, and so on. The street names run through to Y with the letters J, X, and Z skipped. J is skipped because the architect of the DC street system, Pierre L'enfant, thought that the letters I and J looked almost the same typed and when written were indistinguishable from each other. It would have been too confusing to have two street names that looked the same right next to each other. I ST is also referred to as Eye ST.

Once the alphabet to Y is exhausted, the street names are double syllable words from A to Y followed by triple syllable words A to Y followed by the names of trees and flowers. Sometimes, this system is referred to as the first, second, third, and fourth alphabets. See map below showing an example of lettered streets:

North Capitol ST and South Capitol ST run north and south, respectively, away from the US Capitol so all the north-south numbered streets therefore run parallel to them.

Starting at the US Capitol, the first north-south streets east and west of the Capitol are named 1st ST, the second north-south streets east and west of the Capitol are named 2nd ST, and so on. See map below showing an example of numbered streets:

Since there are two of each lettered street and two of each numbered street, the quadrant is appended to the address to define which address is the correct one out of the four possibilities. Take the example below.

If a person says they are at K and 12th streets, they need to list the quadrant or else they could be in four different places.

Note that because of this simple grid system, you can always tell exactly where you are in relation to the US Capitol Building. In the example below, if the person is at K and 12th streets NE, then he is 12 blocks east of the Capitol and A, B, C, D, E, F, G, H, I, no J, K, or 10 blocks north of the Capitol. If the person is at K and 12th streets SW, then he is 12 blocks west of the Capitol and 10 blocks south of the Capitol.

PART 1

SECTION D - PACKAGING AND MARKING

This section is not applicable to this solicitation.

SECTION E - INSPECTION AND ACCEPTANCE

This section is not applicable to this solicitation.

SECTION F – PERFORMANCE AND DELIVERIES

F.1 Term of Contract:

F.1.1 The period of performance for the resulting contract shall be for twelve (12) months from date of contract award. The contract award date shall be the date the Contracting Officer signs the contract document.

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

F.2.1 The Courts may extend the term of this contract for four one (1) year periods, or a fraction, or multiple fractions thereof, by written notice to the Contractor before the expiration of the contract; provided that the Courts shall give the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Courts to an extension. The exercise of this option is subject to the availability of funds at the time of the exercise of this option. The Contractor may waive the 30-day preliminary notice requirement by providing a written waiver to the Contracting Officer prior to expiration of the contract.

If the Courts exercise this option, the extended contract shall be considered to include this option provision. The exercise of any option under this contract is contingent upon the appropriation of funds for the respective option period.

However, the availability of funds does not obligate the Courts to exercise this option.

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

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

F.3 Deliverables:

F.3.1 All Deliverables shall be in a form and manner acceptable to the Courts. The

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

F.3.2 Within ten (10) working days, the Contractor shall deliver to the COTR, the required number of gift cards as requested by the COTR.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices:

G.1.1 The Contractor shall invoice the Court for the actual number of gift cards delivered to the COTR. The Contractor shall submit each invoice to the Contracting Officer’s Technical Representative (COTR) within thirty (30) days after each delivery. The COTR shall review each invoice for certification of receipt of the items prior to authorization of payment. Payments shall be made within 30 days after receipt and approval of a proper invoice.

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

a. Name and address of the Contractor;

b. The contract number and Contract Order number;

c. Invoice date;

d. Description, quantity, unit of measure, and extended price of the gift cards actually rendered;

e. Date the gift cards were delivered;

f. Shipping & payment terms;

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

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

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

and

j. Signature of a person so authorized to certify that the gift cards were provided as stated.

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

G.2 Payment Office

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

Branch Chief Financial Operations Branch Budget and Finance Division D.C. Courts 616 H Street, N.W., Suite 600 Washington, D.C. 20001

202-879-2813

G.3 Billing/Payment Certification

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 Audits

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

Officer may have the Contractor’s invoices or vouchers and statements of costs audited.

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

G.5 Contracting Officer and Contracting Officer’s Technical Representative (COTR)

G.5.1 Contracting Officer. The District of Columbia Courts’ 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:

A. Louis W. Parker

Administrative Officer Administrative Services Division District of Columbia Courts 616 H Street, N.W., Suite 622

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

The COTR shall be:

A. Darrell Hale

Acting Program Director Crime Victims Compensation Program Superior Court of the District of Columbia 515 E Street, NW, Suite 109 Washington, DC 20001

202.879.2884 (Office) haled@dcsc.gov mailto:haled@dcsc.gov

G.6 Authorized Representative of the Contracting Officer.

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

G.6.2 THE RESULTANT CONTRACTOR IS HEREBY FOREWARNED THAT

ABSENT THE REQUISITE AUTHORITY OF THE 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.

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.

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(2001) 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:

Administrative Officer

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

Facsimile Number: (202) 879-2835

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 Debriefing (MAR 2010)

An unsuccessful offeror may request a debriefing by submitting a written request to the Contracting Officer at the address specified in I.10 above within (3) calendar days from the date of receipt of the notification of award.

I.121 Insurance

I.12.1 General Requirements

The Contractor shall procure and maintain, during the entire period of performance under this contract, the types of insurance specified below. The Contractor shall have its insurance broker or insurance company submit a Certificate of Insurance to the Contracting Officer giving the evidence of required coverage prior to commencing work under this contract. In no event shall any work be performed until the required Certificates of Insurance signed by an authorized representative of that insurer(s) have been provided to and accepted by the Contracting Officer. All insurance shall be written with financially responsible companies authorized to do business in the District of Columbia or in the jurisdiction where the work is to be performed; have either an A.M. Best Company rating of A-VIII or higher. 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 shall require all subcontractors to carry the same insurance required herein. The Contractor shall ensure that all policies provide that the Contracting Officer shall be given thirty (30) days prior written notice in the event that the stated limits in the declaration page is reduced via endorsement or the policy is cancelled prior to the expiration date shown on the certificate. The Contractor shall provide the Contracting Officer with ten (10) days prior written notice in the event of non-payment of premium.

I.12.1.1 Automobile Liability Insurance

The Contractor shall provide automobile liability insurance to cover all owned, hired or non-owned motor vehicles used in conjunction with the performance of the contract. The policy shall provide a $1,000,000.00 per occurrence combined single limit for bodily injury and property damage.

I.12.1.2 Workers’ Compensation Insurance

The Contractor shall provide Workers’ Compensation insurance in accordance with the statutory mandates of the District of Columbia or the jurisdiction in which the contract is performed.

I.12.1.3 Employer’s Liability Insurance

The Contractor shall provide employer’s liability insurance as follows: $1 million per accident for injury; $1 million per employee for disease; and $1 million for policy disease limit.

I.12.2 Duration

The Contractor shall carry all required insurance until the contract work is accepted by the Courts and shall carry the required General Liability; and any required Employment Practices Liability Insurance for five (5) years following final acceptance of the work performed under this contract.

I.12.3 Liability

These are the required minimum insurance limits required by the Courts.

HOWEVER THE REQUIRED MINIMUM INSURANCE

REQUIREMENTS WILL IN NO WAY LIMIT THE CONTRACTOR’S

LIABILITY UNDER THIS CONTRACT.

I.12.4 Measure Of Payment

The Courts shall not make any separate measure or payment for the cost of insurance and bonds. The Contractor shall include all of the costs of insurance and bonds in the contract price.

I.12.5 Notification

The Contractor shall immediately provide the Contracting Officer with written notice in the event its insurance has or will be substantially changed, cancelled or not renewed, and provide an updated Certificate of Insurance to the Contracting Officer.

I.12.6 Certificates Of Insurance

The Contractor shall submit Certificates of Insurance giving evidence of the required insurance coverage as specified in this section prior to commencing work. Evidence of insurance shall be submitted to:

Reginald Ramdat Contract Specialist 616 H Street, N.W.

Suite 612 Washington, DC 20001 Phone: 202-879-2865 ramdatrn@dcsc.gov

I.12.7 Disclosure of Information

The Contractor agrees that the Courts may disclose the name and contact information of its insurers to any third party which presents a claim against the Courts for any damages or claims resulting from or arising out of work performed by the Contractor, its agents, employees, servants or subcontractors in the performance of this contract

I.13 Cancellation Ceiling

I.13.1 In the event of cancellation of the contract because of nonappropriation for any fiscal year after the current fiscal year, 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.14 Order of Precedence (MAR 2010)

I.14.1 Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) Supplies and Services or Price/Cost Section (Section B);

(b) Specifications/Work Statement (Section C);

(c) Special Contract Requirements (Section H);

(d) Deliveries and Performance (Section F);

(e) Contract Clauses (Section I);

(f) Contract Administration Data (Section G);

(g) Inspection and Acceptance (Section E); and

(h) Contract Attachments (Section J) in the order they appear.

mailto:ramdatrn@dcsc.gov

I.15 CONTINUITY OF SERVICES (MAR 2010)

(a) The Contractor recognizes that the services under this contract are vital to the Courts and must be continued without interruption and that, upon contract expiration, a successor, either the Courts or another contractor, may continue them. The Contractor agrees to-

(1) Furnish phase-in training; and

(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

I.16 Time

Time, if stated in number of days, will include Saturdays, Sundays, & holidays, unless otherwise stated herein.

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

PART IV

REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF BIDDERS

K.1 Certification Regarding a Drug-Free Workplace

K.1.1 Definitions. As used in this provision:

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

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

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

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

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

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

K.1.1.6 "Individual" means a bidder/contractor that has no more than one employee including the Bidder/contractor.

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

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

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

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

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

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

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

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

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

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

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

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

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

K.1.2.6 The notice shall include the position title of the employee; and K.1.2.7 Within 30 calendar days after receiving notice under subdivision K.1.2.4 (ii) of this provision of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

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

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

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

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

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

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

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

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

K.1.6 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE

Print Name of Authorized Title

Representative

Signature of Authorized Representative

PART V

REPRESENTATIONS AND INSTRUCTIONS

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

L.1 Bid Submission and Identification

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

L.1.2 Each Bidder shall submit one (1) original and one (1) copy of their bid in a sealed bid package. The Bidder shall conspicuously mark on the outside of the bid package the name and address of the Bidder and the following:

Solicitation Number: DCSC-16-IB-0015

Caption: “The Purchasing of Gift cards for the District of Columbia

Courts Crime Victims Compensation Program

Bid Due Date & Time: January 26, 2016 No later than 2:00 P.M.

L.2 Bidders may submit Bids either by mail or by hand delivery/courier services.

L.2.1 Bidders submitting their bids by mail must mail their bids to the following address:

District of Columbia Courts

Procurement and Contracts Branch Attn: Reginald Ramdat, Contract Specialist 616 H Street, N.W., Suite 612

L.2.2 Bidders submitting their bids by hand delivery/courier services must hand deliver their bids to the following address:

District of Columbia Courts

Procurement and Contracts Branch Attn: Reginald Ramdat, Contract Specialist 701 7th Street, N.W., Suite 612

L.3 Questions

L.3.1 Questions concerning this Request for Bids must be directed by e-mail to:

Reginald Ramdat, Contract Specialist Procurement and Contracts Branch Administrative Services Division District of Columbia Courts 616 H Street, N.W., Suite 612 Washington, D.C. 20001 E-mail address: ramdatrn@dcsc.gov Telephone: 202-879-2865

L.4 Explanation to Prospective Bidders

L.4.1 Any prospective Bidder desiring an explanation or interpretation of this solicitation must request it by email to the Contract Specialist no later than January 13, 2016 by 2:00 p.m. Any substantive information given to a prospective Bidder concerning a solicitation will be furnished promptly to all other prospective Bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to any other prospective Bidders. Oral explanations or instructions given before the award of the contract will not be binding.

L.5 Changes to the Bid

L.5.1 The terms and conditions of this bid may only be modified by written addenda issued by the Contracting Officer, any oral representations to the contrary notwithstanding.

L.6 Contract Award

L.6.1 A contract will be awarded to the responsible and responsive bidder whose bid meets all the requirements set forth in this solicitation and is the total lowest bid price.

L.7.1 Official Bid

L.7.1 Bids signed by an agent shall be accompanied by evidence of that agent’s authority unless that evidence has been previously furnished to the Contracting Officer.

L.8 Public Disclosure under FOIA

L.8.1 Trade secrets or proprietary information submitted by a bidder in connection with procurement shall not be subject to public disclosure under the District of Columbia Freedom of Information Act (FOIA). This Act is not applicable to the Court. However, the Bidder must invoke the protection of this section prior to or upon submission of the data or other materials; must identify the specific area or scope of data or other materials to be protected; and state the reasons why protection is necessary. A blanket proscription that the Bidder's entire bid is proprietary will have no effect whatsoever.

L.9 Examination of Solicitation

L.9.1 Bidders are expected to examine the Statement of Work and all instructions and attachments in this solicitation. Failure to do so will be at the Bidder's risk.

L.10 Acknowledgment of Amendments

L.10.1 Bidders shall acknowledge receipt of any amendment to this solicitation by (a) signing and returning the amendment; (b) identifying the amendment number and date in the bid; or (c) letter. The District of Columbia Courts must receive the acknowledgment by the date and time specified for receipt of bids. Bidder's failure to acknowledge an amendment may result in rejection of the bid.

L.11 Contract Type

L.11.1 This is a Firm-Fixed-Unit-Price Definite Quantity contract.

L.12 Signing Bids and Certifications

L.12.1 Each bid must provide a full business address and telephone number of the Bidder and BE SIGNED BY THE PERSON OR PERSONS LEGALLY AUTHORIZED TO SIGN CONTRACTS. All correspondence concerning the bid or resulting contract will be mailed to the address shown above on the bid in the absence of written instructions from the Bidder or contractor to the contrary.

Any bid submitted by a partnership must be signed with the partnership name by a general partner with authority to bind the partnership. Any bid submitted by a corporation must include the signature and title of the person having authority to sign for the corporation. Upon request, a bidder shall provide to the Courts satisfactory evidence of authority of the person signing on behalf of the corporation. If an agent signs a bid, the Bidder shall submit to the Contracting Officer, the agent’s authority to bind the Bidder. Bidder shall complete and sign all Representations and Acknowledgments, as appropriate. Failure to do so may result in the bid being rejected.

L.13 Errors in Bids

L.13.1 Bidders shall fully inform themselves as to all information and requirements contained in the solicitation. Failure to do so will be at the Bidder’s risk. In the event of a discrepancy between the unit price and the extended price, the unit price shall govern.

L.14 Acceptance Period

L.14.1 The Bidder agrees to keep its bid open for one hundred twenty (120) days from the date specified in this solicitation for the submission of bids.

SECTION M

M.1 Prospective Contractor's Responsibility Determination

M.1.1 In order to receive an award under this solicitation, the Court’s Contracting

Officer must determine that the prospective contractor has the capability in all respects to perform fully the contract requirements. To be deemed responsible, a prospective contractor must establish that it has:

M.1.1.1 Financial resources adequate to perform the contract, or the ability to obtain them;

M.1.1.2 Ability to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

M.1.1.3 A satisfactory record of performance;

M.1.1.4 The necessary organization, experience, accounting and operational control, and technical skills, or the ability to obtain them;

M.1.1.5 Compliance with the applicable District licensing, tax laws, and regulations;

M.1.1.6 The necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

M.1.1.7 Other qualifications and eligibility criteria necessary to receive an award under applicable laws and regulations.

M.1.2 The Courts reserves the right to request from a prospective contractor information necessary to determine the prospective contractor's responsibility. Information is to be submitted upon the request of the Courts within the time specified in the request. Failure of a bidder to comply with a request for information may subject the bidder's bid to rejection on responsibility grounds. If a prospective contractor fails to supply the requested information, the Court’s Contracting Officer shall make the determination of responsibility or non-responsibility based on available information. If the available information is insufficient to make a determination of non-responsibility, the Court’s Contracting Officer shall determine the bidder to be non-responsible.

ATTACHMMENT J.t

D.C. COURTS GENERAL CONTRACT PROVISIONS

FOR USE WITH

D.C. COURTS

SUPPLY AND SERVICES CONTRACTS

APRIL 2007

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH

616 H STREET, N.W., 6THFLOOR

SUITE 622

WASHINGTON, D.C. 20001

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D.C. COURTS GENERAL CONTRACT PROVISIONS

(APRIL 2007)

Definitions."""""""" ... 2

Changes. """"""""""'" , 2 Transfers. 2 Waiver. 2 Indemnification Patents and Copyrights. 3 Covenant Against Contingent Fees. 4 Quality 4 Health And Safety Standards. 4 Inspection Of Supplies. " 4 Inspection Of Services. "'"'''''''''' 7 Payment. 7 Taxes.. "'"'''' 7

Appointment of Attorney. 8 Termination for Default. '''''' 8 Termination for Convenience of the Conrt. 9 Termination of Contracts for Certain Crimes and Violations. 13 Protests and Disputes 14 Independent Contractor Relationship. 14 Security. 14 Officials not to Benefit. .. 14 Retention and Examination of Books. 15 Recovery of Debts Owed the Court. 15 Appropriation of Funds ... .." 15 Non-Discrimination in Employment. . 15 Buy American Act - 16 Service Contract Act of 1965. 17 Walsh-Healey Public Contracts Act Governing Law... 23 Multiyear Contract. , 23

1. Definitions.

The term "ContractingOfficer"shallmeanthe ExecutiveOfficerof the Districtof Columbia Courtsor her or his authorizedrepresentative.The term "Court" shall,dependingon how that term is definedelsewherein this contract,meanthe SuperiorCourtof the Districtof Columbia,the Districtof ColumbiaCourtof Appeals or the Districtof ColumbiaCourt System.If the Contractoris an individual,the term "Contractor"shall meanthe Contractor, his or her heir(s),executorsand administrators.lfthe Contractoris a corporation,the "Contractor"shall meanthe Contractorand its successor.The term "Districtof Columbia government"shallmeanall the branchesof the governmentof the Districtof Columbia, includingthe Districtof ColumbiaCourts.

2. Chanees.

The ContractingOfficermayat any time, by writtenorder, and withoutnoticeto the sureties, if any,makechanges in this contractwithinthe generalscopehereof. If such changecauses an increaseor decrease in the cost of performanceof this contract,or in the timerequiredfor performance,an equitableadjustmentshallbe made.Any claimfor adjustmentunderthis paragraphmust be assertedwithin ten (10) days fromthe date the change is offered,provided however,that the ContractingOfficer,may, in his or her discretionreceive,considerand adjust any such claim assertedat any time prior to the fmal settlementof the contract. If the parties fail to agreeupon the adjustmentto be made, the disputeshall be determinedin accordancewith Clause 18. Nothing inthis clauseshallexcusethe Contractorfrom proceedingwith the contractas changed.

3. Transfers.

This contractor any interesthereinshall notbe transferredby either the Courtor the Contractorexceptuponwrittenpermissionof the otherparty.

4. Waiver.

The waiverof any breachof this contractwill not constitutea waiverof any subsequent breachthereof,nor a waiverof this contract.

5. Indemnification.

(a) The Contractorshall indemnifyand saveharmlessthe Court and its officers,agentsand employeesfrom and against any and all claims,losses, liabilities,penalties,fines, forfeitures, demands,causesof action,suits and expensesincidentalthereto(includingthe cost of defenseand attorneys' fees) resultingfrom,arisingout of, or in any way connectedto any act, omissionor defaultof the Contractor,its officers,agents,employees,servantsor its subcontractors,or any other personactingfor or by permissionof the Contractorin the performanceof this contract,regardlessof whetheror not any damageresultingfromthe

Contractor'sact, omissionor default is caused in part by the Court.TheContractorassumes all risks for direct and indirectdamageor injuryto the propertyor personsused or employed in performanceof this Contract.TheContractorshallalso repairor replaceany Court propertythat is damagedby the Contractor,Contractor'sofficers,employees,agents, servants,subcontractors,or any otherpersonactingfor or by permissionof the Contractor whileperformingwork hereunder.

(b) The indemnificationobligationunderthis clauseshall not be limitedby the existenceof any insurancepolicy or by any limitationon the amountor type of damages,compensationor benefitspayableby or for Contractoror any subcontractor,and shall survivethe termination of this Contract.The Court agreesto give Contractorwrittennoticeof anyclaim of indemnityunder this clause.Additionally,Contractorshallhave the right and sole authority to controlthe defenseor settlementof such claim,providedthat no contributionor actionby the Courtis requiredin connectionwith the settlement.Moniesdue or to becomedue the Contractorunder the contractmaybe retainedby the Districtas necessaryto satisfyany outstandingclaimwhichthe Districtmayhaveagainstthe Contractor.

(c) TheContractorshall indemnifyand saveharmlessthe Court and its officers,agents, servantsand employeesfrom liabilityof any natureor kind, includingcostsand expenses,for or on accountof the use of anypatentedor unpatentedinvention,itemor process, manufacturedor used in the performanceof this contract, includingtheir use by the Court, unlessotherwisespecificallystipulatedin the contract.

(d) TheContractorshall indemnifyand saveharmlessthe Court and its officers,agents, servantsand employeesagainstany claimfor copyrightinfringementrelatingto any work produced,used or deliveredunderthis contract.

6. Patents and CODvri2:bts.

(a) The Contractorshall not makeapplicationfor a patent or copyrighton any invention, item or processproducedunderthis contractexceptwith the writtenpermissionof the Court.

The Court shallhave an irrevocablenonexclusiveroyalty free licensewiththe right to sublicensein any inventionconceivedor first…