IFB_-Xerox-2016rev1.pdf

DISTRICT OF COLUMBIA COURTS

REQUEST FOR QUOTATION

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: 2/22/2016

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH

616 H STREET, N.W. ROOM 622

WASHINGTON, D.C. 20001

OPENING DATE: 3/7/2016

CSB NUMBER: DCSC-16-IFB-0029 OPENING TIME: 2:00PM

Description: Lease of Various Copiers MARKET TYPE: GSA

Data Center Printer(s), & Reproduction Equipment

TABLE OF CONTENTS

(X) SEC

DESCRIPTION PAGE (X) SEC. DESCRIPTION PAGE

X A Solicitation/Offer/Award Form 1 X H Special Contract Requirements 18 X B Supplies or Services & Price /Cost 6 X I Contract Clauses 22 X C Description/Specs. Work Statement 8 X J List of Attachments 25 X D Packaging and Marking 10 X K Representation Certificates 26 X E Inspection and Acceptance 11 X L Instructions, Conditions, Notices 29 X F Deliveries and Performance 14 X M Evaluation Factors for Award 37 X G Contract Administration Data 15

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)

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

This solicitation is an OPEN MARKET procurement.

REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

1. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NO.

DATE

AMENDMENT

NO.

DATE

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

2. WALSH-HEALY ACT

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

(a) Regular Dealer

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

( ) The Bidder is not a Regular Dealer pursuant to Clause 28 of the District of Columbia Courts General Contract Provisions.

(b) Manufacturer

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

Columbia Courts General Contract Provisions.

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

Columbia Courts General Contract Provisions.

( ) The Bidder is not a Manufacturer pursuant to Clause 30 of the District of

Columbia Standard Contract Provisions for use with District of Columbia Government Supply and Services Contracts.

3. BUY AMERICAN CERTIFICATION

The Bidder hereby certifies that each end product, except the end products listed below, is a domestic end product (as defined in Clause 29 of the District of Columbia Standard Contract Provisions for use with District of Columbia Government Supply and Services Contracts, “Buy American Act”), and that components of unknown origin are considered to have been mined, produced, or manufactured outside the United States.

EXCLUDED END PRODUCTS COUNTRY OR ORIGIN

4. OFFICERS NOT TO BENEFIT CERTIFICATION

Each Bidder shall check one of the following:

____ (a) No person listed in Clause 16 of the District of Columbia Standard Contract Provisions for use with District of Columbia Government Supply and Services Contracts will benefit from this contract.

____ (b) The following person(s) listed in Clause 16 District of Columbia Standard

Contract Provisions for use with District of Columbia Government Supply and Services Contracts may benefit from this contract. For each person listed, attach the affidavit required by Clause 16 of the District of Columbia Standard Contract Provisions for use with District of Columbia Government Supply and Services Contracts.

5. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

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

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

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

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

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

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

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

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

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

(a) (3) above; and

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

(c) If Bidder deleted or modifies sub-paragraph (a) (2) above, the Bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure.

6. TYPE OF BUSINESS ORGANIZATION

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

7. PAYMENT IDENTIFICATION NO.

The District of Columbia Courts utilizes an automated vendor database. The system is the Data-Universal-Numbering-System (D-U-N-S) which is a numbering system designed and maintained by the Dun & Bradstreet Corporation. All firms are required to submit their D-U-N-S number as part of their bids. To determine if you have a valid D- U-N-S number, please contact the closest Dun & Bradstreet Office. If a number has not been previously assigned to your firm, you must get one assigned. There is no charge to have a number assigned nor does Dun & Bradstreet require you to provide credit rating information in order to receive a D-U-N-S number.

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

Please list below applicable vendor information:

D-U-N-S Number: _________________________________________________ Or

Social Security Number: ____________________________________________

Federal Tax Identification Number: ____________________________________

Legal Name of Entity Assigned this Number: ___________________________________

Street Address and/or Mailing Address: _______________________________________

City, State, and Zip Code: __________________________________________________

Type of Business: _________________________________________________________

Telephone Number: _______________________________________________________

PAYMENTS UNDER TERMS OF ANY CONTRACT RESULTING FROM THIS

SOLICITATION WILL BE HELD IN ABEYANCE PENDING RECEIPT OF A VALID

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

INDENTIFICATION NUMBER.

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

B.1 The District of Columbia Court is seeking a qualified Contractor to provide various copiers. Contractor shall provide copiers of same or equal to the Courts current copier fleet to be utilized throughout the DC Courts and its satellite offices for a three (3) Year Lease.

The Courts intend to award a firm-fixed-price contract as a result of this solicitation to the responsible and responsive bidder whose bid meets all the requirements set forth in this solicitation and is the total lowest bid price.

B.2 The bidder shall submit a price for each lease year as specified below in Section

B.3 and in accordance with Section C, Scope of Services.

B.3 Office Equipment / Price Schedule

Current Brand

Current Model

Current Speed

Qty. Proposed Brand

Proposed Model

3 Year Monthly Contract Cost

Xerox 5335 35cpm 24 Xerox 5945 45cpm 25 Xerox 5875 75cpm 7 Xerox 7855 55cpm 11 Xerox 7845 45cpm 6 Xerox 5865 65cpm 20 Xerox 5966 55cpm 25

Court of Appeals

Current Model

Current Speed

Qty.

Canon IRC5185 85cpm 2 Canon IR3235 35cpm 1 Canon IR5055 55cpm 2 Canon IR3035 35cpm 9 Canon IR5020 50cpm 2 Canon IR6020 60cpm 1

TOTAL

PRODUCTION EQUIPMENT

Equipment Configuration

Qty. Proposed Brand

Model 3 Year Monthly Contract

Cost D136 Copier/Printer

Two-tray Oversized High Capacity Feeder, GBC Advanced Punch, C/Z Folder, Booklet Maker Finisher, USB Kit, PDF Kit, Convenience Stapler

FreeFlow Print Server

Controller Stand, DP136 CP Server License

FreeFlow MakeReady Software

FreeFlow MakeReady Set Labeling Tool

ColorPress

Booklet Maker Finisher w/2&3 hole punch, Full Width Array, GBC Punch, Interface Module, Two-tray Oversized High Capacity Feeder, ClearHousing Kit, C/Z Folder, Square Fold Trimmer, FreeFlow Variable Data Composition Tool

FreeFlow Color Press Print Server

Caster Kit, Clear Option, Device Link Intergration

D125 Printer Two-tray Oversized High Capacity Feeder, High Capacity Stacker, Interface Module

D125 Printer FreeFlow Print Server

Controller Stand, D125 Printer Server License

TOTAL

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

The District of Columbia Court is seeking a qualified Contractor to provide various copiers. Contractor shall provide copiers of same or equal to the Courts current copier fleet to be utilized throughout the DC Courts and its satellite offices for a three (3) Year Lease.

All office equipment must perform the following features:

*collate

* sort *staple *print *copy *fax *scan *double side copy *security feature *network

C.2 The price provided is B.3 shall include Maintenance and Support services (Monday thru

Friday, 9AM – 5PM with a one-hour service response time) and supplies such as toner, drum cartridges, and staples.. Maintenance and Support Services and supplies shall be provided on an as needed basis.The Maintenance and Support Services and supplies shall be provided by the Contractor as no additional cost to the Court.

C.3 The Contractor shall provide on-site training in the operation and use of its equipment. The training schedule shall be coordinated with the Court’s Contracting Office Technical Representative (COTR). Training shall be provided at no additional cost to the Court.

C.4 The Contractor shall provide network support services.

C.5 A site visit may be required by the Courts of the apparent lowest bidder for the

Contractor to demonstrate the proposed copier technology equipment.

PART 1

SECTION D - PACKAGING AND MARKING

This section is not applicable to this solicitation.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SUPPLIE’S

Inspection of Supplies

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

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

(c) The Contractor shall provide and maintain an inspection system acceptable to the Court covering supplies under this contract and shall tender to the Court for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Court during contract performance and for as long afterwards as the contract requires. The Court may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under this contract.

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

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

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

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

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

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

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

(i) If this contract provides for the performance of Court quality assurance at source, and if requested by the Court, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract, and (ii) when the supplies will be ready for Court inspection.

(j) The Court request shall specify the period and method of the advance notification and the Court representative to whom it shall be furnished. Requests shall not require more than two business days of advance notification if the Court representative is in residence in the Contractor’s plant, nor more than seven business days in other instances.

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

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

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

(m) If acceptance is not conclusive for any of the reasons in subparagraph (l) hereof, the Court, in addition to any other rights and remedies provided by law, or under provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or noncompliance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Court will have the right to return the rejected materials at Contractor’s risk and expense or contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Court thereby.

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Term of Contract:

F.1.1 The term of the contract shall be (3) three years from the date of award. Date of award shall be the date the contract is signed by the Contracting Officer.

F.1.2 Commencement of Work:

Work shall commence on the date of award.

F.2 Deliverables:

The Contractor shall provide copier installation schedule acceptable to the Courts that will not cause any interruption of service.

SECTION G -CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices:

G.1.1 The Contractor shall submit to the Contract Administrator a breakdown of all charges for work performed. The Contract Administrator shall review each invoice for certification of receipt of satisfactory services prior to authorization of payment. Payments shall be made within 30 days after receipt and approval of invoices.

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

a. Name of the business concern and invoice date;

b. The contract number;

c. Description of services actually delivered or rendered;

d. Date the services were rendered;

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

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

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

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

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

G.1.5 In addition, the Contractor shall complete Attachment J.9 - District of

Columbia Courts Release of Claims form and submit to the Contracting Officer.

G.2 Billing/Payment

G.2.1 Payment to the Contractor for services satisfactorily performed will be made by the Courts once the Contractor’s certified invoice has been approved by the Contract Administrator, or in the case of a dispute, subject to final determination by the Contracting Officer.

G.3 Audits:

G.3.1 At any time or times before final payment and three (3) years thereafter, the

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

G.4 Contracting Officer and Contract Administrator

G.4.1 Contracting Officer: The District of Columbia Superior Court Contracting

Officer who has the appropriate contracting authority is the only Courts official authorized to contractually bind the Courts through signing contract documents.

All correspondence to the Contracting Officer shall be forwarded to:

Mr. Louis W. Parker

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

G.4.2 Contract Administrator: The Contract Administrator (CA) 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 Contract Administrator is responsible for the day-to-day monitoring and supervision of the contract. The Contract Administrator shall be:

Darryl Allen Senior Contract Specialist Contract and Procurement Branch Administrative Service Division 616 H St. N.W., Rm. 612

G.5 Authorized Representative of the Contracting Officer

G.5.1 The Contract Administrator 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 Contract Administrator shall not have authority to make changes in the scope or terms and conditions of the contract.

G.5.2 THE RESULTANT CONTRACTOR IS HEREBY FOREWARNED THAT

ABSENT THE REQUISITE AUTHORITY OF THE CONTRACT

ADMINISTRATOR TO MAKE ANY SUCH CHANGES, CONTRACTOR

MAY BE HELD FULLY RESPONSIBLE FOR ANY CHANGES NOT

AUTHORIZED IN ADVANCE, IN WRITING, BY THE CONTRACTING

OFFICER, MAY BE DENIED COMPENSATION OR OTHER RELIEF

FOR ANY ADDITIONAL WORK PERFORMED THAT IS NOT SO

AUTHORIZED, AND MAY BE ALSO BE REQUIRED, AT NO

ADDITIONAL COST TO THE COURTS, TO TAKE ALL CORRECTIVE

ACTION NECESSITATED BY REASON OF THE UNAUTHORIZED

CHANGES.

SECTION H - SPECIAL CONTRACTS REQUIREMENTS

H.1 Other Contractors

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

H.2 Disclosure of Information

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

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

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

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

H.3 Rights in Data

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

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

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

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

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

H.4 Contractor Management responsibility

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

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

H.5 Stoppage of Work

H.5.1 If the Contractor fails to abide by any or all of the provisions of the contract, the

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

H.6 Subcontracts

H.6.1 Nothing contained in the contract documents shall be construed as creating any contractual relationship between any subcontractor and the Court.

H.6.2 The divisions or sections of the specifications are intended to control the Contractor in dividing the work among the subcontractors or to limit the work performed by any trade.

H.6.3 The Contractor shall be as fully responsible to the Court for the acts and omissions of subcontractors, and of persons employed by them as he is for the acts and omissions of persons directly employed by him.

H.6.4 The Contractor shall be responsible for the coordination of the trades, subcontractors, materials, and persons engaged upon his work.

H.6.5 The Court will not undertake to settle any differences between the Contractor and his subcontractors or between subcontractors.

H.13 Use of Premises

H.13.1 The Contractor shall not load or permit the loading of any part of any structure to such an extent as to endanger its safety.

H.13.2 The Contractor shall comply with the regulations governing the operation of premises, which are occupied and shall perform his contract in such a manner as not to interrupt or interfere with the conduct of Court.

H.13.3 Any work necessary to be performed after regular working hours, on Saturdays, Sundays or legal holidays, shall be performed without additional expense to the Court.

H.13.4 The Contractor shall use only such entrances to the work area as designated by the

COTR.

H.13.5 Any work, once started, shall be completed as rapidly as possible and without unnecessary delay.

H.13.6 Only such portions of the premises as required for proper execution of the contract shall be occupied.

H.13.7 All work shall be performed in such manner as to cause minimum annoyance to occupants of adjacent premises and interference with normal traffic.

H.13.8 Work performed in existing buildings shall be executed in a manner that will cause minimum interference with facility occupants.

H.13.9 All work shall be carried on in an orderly manner performed in such manner to cause minimum:

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

(2) Noises or disturbances.

H.14 Access to Building

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

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

Friday of each week.

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

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

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

PART II

SECTION I - CONTRACT CLAUSES

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

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

I.2 Restriction On Disclosure and Use of Data:

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

I.3 Ethics in Public Contracting:

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

I.4 Disputes:

Any dispute arising under or out of this contract is subject to the provisions of the Court’s "Contract Disputes Procedures," as approved by the Joint Committee on Judicial Administration.

I.5 Laws and Regulations:

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

I.6 Non-Discrimination:

The Contractor agrees that it will comply with the nondiscrimination requirements set forth in D.C. Code, Section 1-2512 (1981 ed.) which will be incorporated into any contract awarded. The Contractor agrees to comply with requests from the Courts to support the Contractor's adherence to this section.

I.7 Examination of Books and Records:

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

I.8 Record Keeping:

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

I.9 Subcontracts

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

I.10 Protest

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

I.10.1.1 Administrative Services Division

District of Columbia Courts

I.10.2 A protest shall include the following:

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

I.10.2.2 solicitation or contract number;

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

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

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

I.11 Insurance:

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

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

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

I.11.4 Comprehensive Automobile Liability Insurance (applicable to owned, non-owned and hired vehicles): The Contractor shall carry comprehensive automobile liability insurance applicable to owned, non-owned, and hired vehicles against liability for bodily injury and property damage in an amount not less than that required by law of the District’s Compulsory/No-Fault Vehicle Insurance Act of 1982, as amended. Coverage shall be at east $200,000.00 per person, $500,000.00 per occurrence for bodily injury and $20,000.00 per occurrence for property damage.

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 2016, 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.

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 Standard Contract Provisions for Use with District of Columbia Government Supply and Services Contracts

J.9 District of Columbia Courts Release of Claims

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

K.1.2.6 The notice shall include the position title of the employee; and

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

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

(ii) Require such employee to satisfactorily participate in drug abuse assistance or rehabilitation program approved for such purposes by 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 IV

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 not 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 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-IFB-0029 Caption: Lease of Various Copiers, Data Center Printer(s) and Reproduction

Equipment Bid Opening Due: March 7, 2016, 2PM

L.1.3 Confidentiality of Submitted Information:

L.1.3.1 Bidders who include in their bids data that they do not want disclosed to the public or used by the District of Columbia Courts except for use in the procurement process shall mark the title page of the bid document with the following legend:

L.1.3.1.1 "This bid includes data that shall not be disclosed outside the District of

Columbia Courts and shall not be duplicated, used or disclosed in whole or in part for any purpose except for use in the procurement process."

L.1.3.2 The specific information within the bid which the bidder is making subject to this restriction announced on the title page must be noted on the individual pages which contain it. The bidder shall mare each page containing confidential information or data it wishes to restrict with the following text:

L.1.3.2.1 "Use or disclosure of data contained on this page is subject to the restriction on the title page of this bid".

L.1.3.3 Note that the District of Columbia Courts shall have the right to duplicate, use, or disclose the data to the extent consistent with the Court’s internal needs in the procurement process. The Courts may, without permission of the bidder, use, without restriction, information contained in this bid package if it is obtained from another source.

L.1.4 Bids shall be hand delivered or mailed to the following address:

District of Columbia Courts Administrative Services Division Procurement and Contracts Branch Attn: Darryl Allen, Senior Contract Specialist

L.2 Bid Information and Format:

L.2.1 At a minimum, each bid submitted in response to this CSB shall include sections, as set forth below, which address the approach for the work described in Section "C" - Description/Specifications/Statement of Work. The bid shall include the requisite legal representations, resources which will directly be employed in the project, client references, and a description of similar services provided by the bidder and its key personnel. Failure to address adequately any of these areas may result in the bid being eliminated from consideration for award.

L.2.2 Bids shall be prepared simply and economically, providing a straightforward, concise delineation of bidder’s capabilities to satisfy the requirements of this CSB. Fancy bindings and colored displays or promotional material are not desired or preferred, but pages must be numbered. Each bidder shall submit one completed copy of the CSB, one (1) original and one (1) copy of the Bid.

Each bid shall be properly indexed and include all information requested in the CSB.

L.2.3 General Information

L.2.3.1 In this section of the bid, the bidder shall

L.2.3.1.1 Provide a brief description of its organization, including:

L.2.3.1.1.1 Ownership structure

L.2.3.1.1.2 Ownership by foreign corporation with an interest exceeding five (5) percent.

L.2.3.1.2 Describe in detail any local organization presence and its relationship with other localities.

L.2.4 Disclosure

L.2.4.1 This section of the bid shall include the disclosure information described below:

L.2.4.1.1 Disclosure details of any legal action or litigation past or pending against the bidder;

L.2.4.1.2 A statement that the bidder knows of no conflict between its interests and those of the District of Columbia Courts; and further that the bidder knows of no facts or circumstances that might create the appearance of a conflict between its interests and those of the District of Columbia Courts; and

L.2.4.1.3 Documentary evidence (e.g. certificates) that the bidder is authorized to conduct business in the District, and the bidder is current in its tax obligation to the District of Columbia.

L.2.5 Bid Price

L.2.5.1 A separately bound bid price must be submitted using the format provided in

Section "B" of this Solicitation. The price furnished by the bidder shall be itemized for the services set forth in Section C. The bidder's price bid shall become a part of the awarded contract. The bidder’s price bid shall include all costs for the required services. This pricing information will also be used for evaluation purposes.

L.3 Bid Submission Date and Time, Late Submission, Modifications and

Withdrawals:

L.3.1 Bids shall be submitted no later than the date and time specified in the solicitation. Bids, modifications to bids, or requests for withdrawal that are received in the designated Courts office after the exact local time specified above, are "late" and shall be considered only if they are received before the award is made and one (1) or more of the following circumstances apply:

L.3.1.1 The bid or modification was sent by registered or certified mail no later than the fifth (5th) calendar day before the date specified for receipt of bids;

L.3.1.2 The bid or modification was sent by mail and it is determined by the Contracting

Officer that the late receipt at the location specified in the solicitation was caused by mishandling by the Courts after receipt; or

L.3.1.3 The bid is the only bid received.

L.3.2 The only acceptable evidence to establish the date of a late bid, late modification or late withdrawal sent either by registered or certified mail shall be a U.S. or Canadian Postal Service postmark on the wrapper or on the original receipt from the U.S. or Canadian Postal Service.