Solicitation_No__DCSC-16-RP-0044_-_Inventory_Management__ _Control__System_-_6-7-16.pdf

DISTRICT OF COLUMBIA COURTS

SOLICITATION, OFFER AND AWARD

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: June 9, 2016

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH OPENING DATE: ____________

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

WASHINGTON, D.C. 20001

CLOSING DATE: June 23, 2016

SOLICITATION NUMBER: DCSC-16-RP-0044 CLOSING TIME: 2:00 P.M.

OFFER/BID FOR: Inventory Management & Control System MARKET TYPE: OPEN

TABLE OF CONTENTS

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

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

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

X A Solicitation/Offer/Award Form 01 X H Special Contract Requirements 20 X B Supplies or Services & Price /Cost 05 X I Contract Clauses 28 X C Description/Specs. Work Statement 09 X J List of Attachments 34 X D Packaging and Marking 13 X K Representation Certificates 35 X E Inspection and Acceptance 14 X L Instructions, Conditions, Notices 38 X F Deliveries and Performance 15 X M Evaluation Factors for Award 50 X G Contract Administration Data 17

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

AMENDMENT

NO.

DATE

AMENDMENT

NO.

DATE

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

2. OFFICERS NOT TO BENEFIT CERTIFICATION

Each Offeror shall check one of the following:

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

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

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

3. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

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

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any Offeror or competitor relating to (i) those prices, mailto:reginald.ramdat@dcsc.gov

(ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offer;

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

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

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

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

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

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

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

(a) (3) above; and

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

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

4. TYPE OF BUSINESS ORGANIZATION

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

5. PAYMENT IDENTIFICATION NO.

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

Please list below applicable vendor information:

Federal Tax Identification Number: _______________________________________

Or Social Security Number: ____________________________________________

Dun and Bradstreet Number: ____________________________________________

Legal Name of Entity Assigned this Number: _______________________________

Street Address and/or Mailing Address: ____________________________________

City, State, and Zip Code: _______________________________________________

Type of Business: _____________________________________________________

Telephone Number: ___________________________________________________

Fax Number: _______________________________________________________

PAYMENTS UNDER TERMS OF ANY CONTRACT RESULTING FROM THIS

SOLICITATION WILL BE HELD IN ABEYANCE PENDING RECEIPT OF A VALID

FEDERAL TAX IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER.

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

B.1 The District of Columbia Courts (Courts) are seeking a qualified Contractor to furnish and implement an Inventory Management and Control System to replace the Courts’ current inventory management systems (Windfall and Invoice Store Inventory Management Systems). The new Inventory Management & Control System must be able to enhance accuracy and improve efficiency in the Warehouse and the Supply Store. Approximately 1200 Court employees will need to have access to the new Inventory Management & Control System.

B.2 The offeror shall submit a price for the services specified below and in accordance with Section C, Statement of Work, of this Request For Proposals (RFP). This is a Firm Fixed Price Contract.

B.3 BASE YEAR CONTRACT PRICE:

Offeror’s price shall include all costs for the proposed Inventory

Management & Control System. The following table is an example of the format that the offeror should use for its price proposal:

Contract

Line Item No.

(CLIN)

Item/Services Description

Quantity Unit Unit Price

Total Price

0001 Furnish, implement, test Inventory Management & Control System

0002 Existing Data Migration to Inventory Management & Control System

0003 Maintenance & Support, Warranties as applicable

0004 Licenses (for Administrators)

0005 Handheld Bar Code Scanners with picture and electronic signature capability

0006 Training of Court Users 150

0007 Standard Operation Procedures Manuals

TOTAL

B.4 OPTION YEAR ONE CONTRACT PRICE FOR MAINTENANCE &

SUPPORT SERVICES:

LINE ITEM

No. (CLIN)

Description of Item/Service

Quantity Unit Unit Price Total Price

0001 Maintenance & Support

12 Month $ $

B.5 OPTION YEAR TWO CONTRACT PRICE FOR MAINTENANCE &

Description of Item/Service

Quantity Unit Unit Price Total Price

0001 Maintenance &

B.6 OPTION YEAR THREE CONTRACT PRICE FOR MAINTENANCE &

Description of Item/Service

Quantity Unit Unit Price Total Price

0001 Maintenance &

B.7 OPTION YEAR FOUR CONTRACT PRICE FOR MAINTENANCE &

Description of Item/Service

Quantity Unit Unit Price Total Price

0001 Maintenance &

B.8 BACKGROUND/OVERVIEW

Supply Store:

a. The Courts’ current inventory management systems are the Windfall System (primarily used at the Warehouse) which is used to inventory office furniture and furnishings, and the Invoice Store System which is used to inventory office supplies at the Supply Store.

b. The supply room serves approximate 1,200 customers ranging from Judicial Staff to Support Staff in 5 locations.

c. The annual budget for office supplies is estimated to be $498,000.00 of which approximately $95,000.00 is for about 130 various types of office supplies, $310,000.00 is for about 350 various types toner cartridges, and $93,000.00 is for approximately 50 skids of copier paper.

d. Quarterly budget reports are generated from the Invoice Store software.

e. Physical inventory of all items is performed yearly at the Warehouse and the Supply Store.

i Current Supply Room Process:

1. Supply forms completed by customer on Excel spreadsheet, printed, signed, and forwarded by inter-office mail to the supply room to be filled.

2. Supply request is filled by the Supply Store staff. If an item is not available, it is noted on the Supply Request Form and the requestor must resubmit another supply Request Form if the item is still required.

3. Quantities filled are entered into “The Invoice Store” software database.

4. Items are delivered to Judiciary Staff and Items are picked up by support staff.

5. Customer receives requested supplies and signed receipt for items.

B.8.1 Warehouse:

The warehouse currently stores the items below:

a. Furniture (desk, office chairs, file cabinets, credenzas, coat racks, and wardrobes)

b. IT equipment (computers, laptops, monitors, printers, telephone equipment, TV’s, and signature pads).

c. Capital Projects (building materials, air filters, cubicle panels/parts/surfaces, carpet, microwaves, stoves, file cabinets, and plumbing materials).

d. Judicial (records).

B.9 The Court will host the application. The Courts’ infrastructure (network, servers, and workstations) that is available for the selected vendor to install their Application software is:

The Courts’ server configurations are HP BL460c G8; CPU = 2-Intel Xeon E5-2630 2.30GHz, 6 Cores each, 12 Threads each, Hyper thread Enabled; RAM = 64GB Total, 8- 8GB DIMM DDR3, 1600MHz, 1.5 Volts, 8 slots available; Hard Drives = 2-300GB, 2- Port SAS 15K. HP BL460c G8; CPU = 2-Intel Xeon E5-2630 2.30GHz, 6 Cores each, 12 Threads each, Hyper thread Enabled; RAM = 64GB Total, 8-8GB DIMM DDR3, 1600MHz, 1.5 Volts, 8 slots available; Hard Drives = 2-300GB, 2-Port SAS 15K. The courts server operating systems are Windows Server 2012 R2 Datacenter and Standard versions. The Courts’ workstations are different models with Windows 7 SP 1 operating systems installed.

SECTION C –

STATEMENT OF WORK

For

AN INVENTORY MANAGEMENT & CONTROL SYSTEM

C.1 The District of Columbia Courts (Courts) are seeking a qualified Contractor to furnish and implement an Inventory Management and Control System to replace the Courts’ current inventory management systems (Windfall and Invoice Store Inventory Management Systems). The new Inventory Management & Control System must be able to enhance accuracy and improve efficiency in the Warehouse and the Supply Store. Approximately 1200 Court employees will need to have access to the new Inventory Management & Control System.

C.2 The project completion date is September 30, 2016. This includes the transition/migration of data from the current inventory systems to the new inventory system. The data transition/migration shall include a clear description of the data mapping. The Contractor shall identify Administrator and User roles and provide training.

C.3 At a minimum, the proposed system shall include the following capabilities:

C.3.1 a. Web-based customizable solution which shall be hosted within the Courts’ internal infrastructure

b. Software must be ADA compliant

c. User-Friendly Design with electronic signatures

d. Automated ordering/re-ordering based on quantities

e. Set order minimums, maximums, and reorder limits

f. Generate notification/orders when minimum levels have been reached

g. Customers (approximately 1200) can view stocked items, item quantities, and previous orders

h. Detailed item descriptions with pictures for the supplies and furnishings

i. View the status of available inventory

j. Alert for low quantities of inventory items

k. System tracks individual customer accounts, inbound, outbound orders, inventory adjustments, and returns

l. Track all movement of inventory; transfers from warehouse to supply room to customers

m. Track and make adjustments to quantities during manual audits by scanning items or manually entering data

n. Automated ordering process from individual desktops / forwarded and approved immediately

o. Handheld Bar Code Scanners with bar code reading, picture and electronic signature capability

p. Track expiration dates for shelf life

q. Allow customers to track orders

r. Manage partial fulfillment of orders

s. Open Data Base Connectivity (ODBC) compliant

t. Capability to interface with the Court’s Oracle Business Intelligence (BI) tools

u. Generated Reports:

i) Comparisons, create graphs and charts

ii) Compare monthly, quarterly, and yearly data

iii) Tracks monthly inventory transactions

iv) Fluctuations in pricing of items over time by date

v) Invoice/Purchase Order Reports

v. System must be scalable to retain performance levels and services level agreements when adding additional workloads, users, servers, processors, memory, data storage, upgrading to a new Microsoft windows operating systems or Oracle BI versions without losing functionality.

C.4 SYSTEM PLATFORM

The web-based customizable Inventory Management and Control software shall be hosted at the Courts’ environment with the following features:

a. Windows Server 2012

b. SQL 2012 or higher

c. Oracle 11+

d. Support Windows 7

C.5 REPORTS:

The system must have the capability to enable approximately 1200 customers/users to take command of the information with interactive dashboards, direct data extract from the system to Microsoft excel, and adobe PDF, and customizable, built-in core Reports as well as build-your-own ad-hoc reporting using ODBC compliant reporting tools. The system must be able communicate with the Courts’ Oracle Business Intelligence (BI) System.

C.6 HANDHELD BAR CODE SCANNERS & LABELS:

The Contractor shall furnish six (6) Handheld Bar Code Scanners with picture and electronic signature capability and adequate barcode labels.

C.7 INMPLEMENTATION PLAN

The Contractor shall include in its proposal submission, a detailed Implementation Plan with timelines. At a minimum, the Implementation Plan shall include:

a. furnishing, implementing, and testing of the proposed Inventory

Management & Control System.

b. Transition/migration of all data, including all barcodes from current

Inventory Systems (Windfall and Invoice Store) to new Inventory Management and Control System. Data transition/migration shall include a clear description of the data mapping (where the data is coming from in the old system and where it will reside in the new system). The Court’s staff shall validate that the Contractor’s mapping was done correctly and in accordance the Court’s business process.

c. Identify Administrators/Users and their roles

d. Training

C.8 STANDARD OPERATING PROCEDURES MANUAL:

The Contractor shall provide the Court with a comprehensive Standard Operating

Procedures (SOPs) for the Inventory Management and Control System.

C.9 MAINTENANCE AND SUPPORT:

The Contractor shall provide annual maintenance & support services for a base year and four (4) option years.

C.10 TRAINING OF COURT’S USERS:

The Contractor shall provide training for 150 users. The roles of the users will be to viewing items/supplies/products in the supply room, ordering the items/supplies/products, and receiving the items/supplies/products ordered from the supply room. Training shall include report generation and ad hoc reporting capability. The Contractor shall provide training manuals.

C.11 PROJECT MANAGER:

The Contractor shall provide a Project Manager to oversee the following:

a. Implementation Plan

b. Seamless transition/migration from current inventory system to new inventory system

c. Identify Administrators/Users and their roles

d. Staff Training

C.12 WAREHOUSE AND SUPPLY STORE LOCATIONS:

C.12.1 D.C. Court Warehouse Administrative Services Division

District of Columbia Court 6217 Columbia Park Road

Cheverly, MD 20785

C.12.2 D.C. Court Supply Store

Administrative Services Division District of Columbia Court

515 5th Street, N.W.

Basement Washington, DC 20001

SECTION D - PACKAGING AND MARKING

This section is not applicable to this solicitation.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.1.1 DEFINITIONS: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

E.1.2 The Contractor shall provide and maintain an inspection system acceptable to the District of Columbia Courts covering the services furnished under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Courts during contract performance and for as long as the contract requires.

E.1.3 The Courts has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Courts shall perform inspections and test in a manner that shall not unduly delay the work.

E.1.4 If the Courts perform inspections or test on the premises of the Contractor or subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in the contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

E.1.5 If any of the services do not conform with the contract requirements, the Courts may require the Contractor to perform the services again in conformity with the contract requirements, at no increase in the contract amount. When the defects in services cannot be corrected by reperformance, the Courts may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and

(2) reduce the contract price to reflect the reduced value of the services performed.

E.1.6 If the Contractor fails to promptly perform the services again or take the necessary action to ensure future performance in conformity with the contract requirements, the Courts may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Courts that is directly related to the performance of such service or

(2) terminate the contract for default.

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Term of Contract:

F.1.1 The Court intends to award a Firm Fixed-Price Contract. The period of performance for the resulting contract shall be from the date of award through September 30, 2016. The anticipated date of award is on or about July 18, 2016.

The actual contract award date shall be the date the Contracting Officer signs the contract document.

F.1.2 Option to Extend the Term of the Contract for Annual Maintenance &

Support Services:

The Courts may extend the term of this contract for a four (4) one (1) year period, 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 offeror shall include in its price proposal, 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 offer 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.2 Deliverables:

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

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

F.2.1 The Contractor shall complete the following no later than September 30, 2016:

a. The implementation of the Inventory Management and Control System.

c. Transition/migration of all data from current Inventory System to new

Inventory Management and Control System.

d. Handheld scanners

e. Provide the required training.

F.2.3 Within thirty (30) days prior to the contract expiration date, the Contractor shall submit to Court for review and approval, a comprehensive Standard Operation Procedures Manual (SOP) as required by Section C.8 of the SOW.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices:

Offerors shall submit with their proposals and a payment schedule that is linked to the milestones and deliverables identified in its Comprehensive Plan for Implementation. Billing amounts shall not be considered earned until those milestones are completed and accepted by the Court. Payments shall be made in accordance with the selected Contractor’s payment schedule. The Contractor shall prepare invoices in duplicate and submit them to the Contracting Officer’s Technical Representative (COTR). The COTR shall review each invoice for certification of receipt of satisfactory services prior to authorization of payment.

Payments shall be made within 30 days after receipt and approval of 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 services of supplies actually rendered;

e. Date the services or supplies were rendered;

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 services or supplies were provided as stated.

G.1.3 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.8 - District of Columbia

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

G.2 Payment Office

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

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 Washington, D.C. 20001

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. Rhonda Horton

Office Services Supervisor Administrative Services Division District of Columbia Courts 616 H Street, N.W.

Telephone # (202)-879-4244

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.

H.2 Disclosure of Information

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

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

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

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

H.3 Rights in Data

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

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

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

H.3.4 All data first produced in the performance of any contract resulting from this solicitation process shall be the sole property of the District of Columbia Courts. The Offeror hereby acknowledges that all data produced by the Offeror for the process, are works made for hire and are the sole property of the District of Columbia Courts; but, to the extent any such data may not, by operation of law, be works made for hire, the Contractor shall transfer and assign to the Courts the ownership of copyright in works, whether published or unpublished. Further, the Contractor agrees to give the Courts all assistance reasonably necessary to perfect such rights, including but not limited to the works and supporting documentation and the execution of any instrument required to register copyrights. The Contractor agrees not to assert any rights at common law or in equity in such data. The Contractor shall not publish or reproduce such data in whole or in any manner or form, authorize others to do so, without written consent of the District of Columbia Courts until such time as the Courts may release such data to the public domain. The Courts shall not unreasonably withhold consent to the Offeror's request to publish or reproduce data in professional or public relations trade publications.

H.4 Security Requirements

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

H.5 Contractor Management Responsibility (MAR 2010)

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. The Contractor shall identify the Project Manager, in writing, within 5 days of contract award.

H.6 Suspension Of Work (Mar 2010)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Courts.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed-

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

H.7 Court Delay of Work (MAR 2010)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly.

Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this

(b) A claim under this clause shall not be allowed-

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

H.8 Safety Precautions (MAR 2010)

(a) The Contractor shall perform all work in accordance with the Safety Standards of the District of Columbia and the Occupational Safety and Health Act of l970.

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

(c) The Courts its officers, agents, servants and employees shall not be held liable for any property damages or physical harm resulting from inadequate protection.

H.9 Use Of Premises (MAR 2010)

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

(b) 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.

(c) 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.

(d) The Contractor shall use only such entrances to the work area as designated by the COTR.

(e) Any work, once started, shall be completed as rapidly as possible and without unnecessary delay.

(f) Only such portions of the premises as required for proper execution of the contract shall be occupied.

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

(h) Work performed in existing buildings shall be executed in a manner that will cause minimum interference with facility occupants.

(i) 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.10 Access To Building (MAR 2010)

(a) 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.

(b) Contractor will be given access to buildings only on Monday through Friday of each week.

(c) 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.

(d) 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.

H.11 Availability of Funds for the Next Fiscal Year (MAR 2010)

The Court's obligation for performance of this contract beyond the current fiscal is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Courts for any payment may arise for performance under this contract beyond fiscal year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

H.12 Consent to Subcontract (MAR 2010)

The Contractor hereunder shall not subcontract any of the Contractor's work or services 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. Any such subcontract shall specify that the Contractor and the subcontractor shall be subject to every provision if this 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.

H.13 Subcontracts (MAR 2010)

(a) Nothing contained in the contract documents shall be construed as creating any contractual relationship between any subcontractor and the Court.

(b) 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.

(c) 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.

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

(e) The Court will not undertake to settle any differences between the Contractor and his subcontractors or between subcontractors.

(f) 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.

H.14 Publicity

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

H.15 Protection of Property:

The Contractor shall be responsible for any damage to the building, interior, or their approaches in delivering equipment covered by this

H.16 Liability

The Contractor shall hold the District of Columbia free of any damages resulting from consumption of products delivered under this contract, when such damages are attributed to foreign material or other defects in products delivered by the Contractor.

H.17 Data Sources

H.17.1 The Courts will provide the successful Offeror all available data possessed by the

Courts that relates to this contract. However, the successful Offeror is responsible for all costs for acquiring other data or processing, analyzing or evaluating Courts data.

H.18 Safeguards of Information

H.18.1 Unless approved in writing by the Contracting Officer, the successful Offeror may not sell or give to any individual or organization any information, reports, or other materials given to, prepared or assembled by the successful Offeror under the final contract. The successful Offeror(s) must maintain all records in compliance with federal and state laws and regulations.

H.19 Access to and Inspection of Work

H.19.1 The Courts’ Representatives will, at all times, have access to the work being performed under this contract wherever it may be in progress or preparation.

H.20 Americans with Disabilities Act Requirements

H.20.1 The Courts is fully committed to the Americans with Disabilities Act (ADA) which guarantees non-discrimination and equal access for persons with disabilities in employment, public accommodations, transportation, and all Courts programs, activities and services. Government contractors, subcontractors, vendors, and/or suppliers are subject to this ADA policy. All individuals having any Courts contractual agreement must make the same commitment. Your acceptance of this contract acknowledges your commitment and compliance with

ADA.

H.20.2 The technology (i.e., Office Supply Inventory Management & Control System) must comply with the disability nondiscrimination and civil rights requirements of Section 504 of the Rehabilitation Act; the Americans with Disabilities Act and the Americans with Disabilities Act Amendment Act; the U.S. Department of Justice (DOJ) regulations implementing these acts and the DOJ’s regulatory agenda as set out in the supplemental advance notice of proposed rulemaking, Nondiscrimination in the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities (May 9, 2016), or its successor; the U. S. Access Board’s Section 508 Standards; as well as the World

Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 (AA conformance level).

H.21 News Release by Vendors

H.21.1 As a matter of policy, the Courts do not endorse the products or services of a contractor. News releases concerning any resultant contract from this solicitation will not be made by a contractor without the prior written approval of the Courts.

All proposed news releases shall be routed to the Contracting Officer for review and approval.

H.22 Wage Rates

The Contractor is bound by the attached Wage Determination No. 2015-4281 Revision No. 3, dated 43/8/16, issued by the U.S. Department of Labor, in accordance with the Service Contract Act of 1965, as amended (41(U.S.C. 351, incorporated herein as Attachment J.10. The Contractor shall be bound by the prevailing wage rates for the term of the contract. If the Courts exercise any option year, the Contractor shall be bound by the wage determinations in effect at that time.

SECTION I - CONTRACT CLAUSES

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

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

I.2 Restriction On Disclosure and Use of Data

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

I.3 Ethics in Public Contracting

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

I.4 Disputes

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

I.5 Laws and Regulations

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

I.6 Non-Discrimination

The Contractor agrees that it will comply with the nondiscrimination requirements set forth in D.C. Code, Section 2-1402.11(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 Protest

I.9.1 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 612

Facsimile Number: (202) 879-2835

I.9.2 A protest shall include the following:

I.9.2.1 Name, address and telephone number of the protester;

I.9.2.2 solicitation or contract number;

I.9.2.3 Detailed statement of the legal and factual grounds for the protest, including copies of relevant documents;

I.9.2.4 Request for a ruling by the Contracting Officer; and

I.9.2.5 Statement as to the form of relief requested.

I.10 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.9 above within (3) calendar days from the date of receipt of the notification of award.

I.11 Insurance

I.11.1 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.11.1.1 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.11.1.2 Workers’ Compensation Insurance

The Contractor shall provide…