Solicitation_Number_-DCSC-16-RP-0066_-_Enhancement_of_the_Existing_Youth_Automation_System_(YAS).pdf

DISTRICT OF COLUMBIA COURTS

SOLICITATION, OFFER AND AWARD

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: August 11, 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: August 25, 2016

SOLICITATION NUMBER: DCSC-16-RP-0066 CLOSING TIME: 2:00 P.M.

OFFER/BID FOR: Enhancement of the Existing Youth Automation System (YAS) MARKET TYPE: OPEN

TABLE OF CONTENTS

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

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

X A Solicitation/Offer/Award Form 01 X H Special Contract Requirements 19 X B Supplies or Services & Price /Cost 03 X I Contract Clauses 21 X C Description/Specs. Work Statement 04 X J List of Attachments 33 X D Packaging and Marking 10 X K Representation Certificates 35 X E Inspection and Acceptance 12 X L Instructions, Conditions, Notices 37 X F Deliveries and Performance 13 X M Evaluation Factors for Award 40 X G Contract Administration Data 15

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

OFFEROR

Name and title of Person Authorized to Sign Offer:

(Type or Print)

Name:

Street:

City, State:

Zip Code:

Signature

(Seal)

Date:

Area Code & Telephone Number:

Impress Corporate Seal

Corporate (Seal)

(Secretary) _____________________________________ (Attest)

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

CONTRACT NO.___________________________________________AWARD AMOUNT $____________________________

ACCEPTED AS TO THE FOLLOWING ITEMS:

BY:______________________________________

CONTRACTING OFFICER

CONTRACT PERIOD: _________________________________________ _________________________________________

AWARD DATE

Solicitation No.: DCSC-16-RP-0066 Enhancement of the Existing Youth Automation System (YAS)

All written communications regarding this solicitation should be addressed to the Contracting Officer at the mailing address listed below. All communications should be directed by email to Reginald Ramdat, Senior Contract Specialist at reginald.ramdat@dcsc.gov

The prospective Offerors shall submit questions no later than XXXX. The Courts will not consider any questions received after XXXXX. Questions Concerning This Solicitation Must Be Directed By Email To:

Reginald Ramdat Senior Contract Specialist Administrative Services Division Procurement and Contracts Branch District of Columbia Courts 616 H Street, N.W., Suite 622 Washington, D.C. 20001

The Courts will post all amendments and responses to offerors questions in the DC Courts and the Federal Business Opportunities Websites at www.dccourts.gov/dccourts/courtsystem/procurement.jsp and www.fedbizopps.gov. Oral explanations or instructions given by Courts Officials before the award of the contract will not be binding.

This solicitation is an OPEN MARKET procurement.

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.

mailto:reginald.ramdat@dcsc.gov mailto:reginald.ramdat@dcsc.gov http://www.dccourts.gov/dccourts/courtsystem/procurement.jsp http://www.fedbizopps.gov/

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

B.1 The District of Columbia Courts (the Courts) is seeking a qualified Contractor to enhance the existing Youth Automation System (YAS) for the Court Social Services Division (CSSD).

B.2 The Courts contemplates award of a firm fixed price contract as a result of this solicitation to the responsible Offeror whose offer is most advantageous to the Courts.

B.3 The Offeror shall submit a price for the services/supplies specified below and in accordance with Section C, Scope of Services, of this solicitation.

B.4 CONTRACT PERIOD

B.4.1 The term of the contract shall not exceed twelve (12) months from the date of award. The date of award shall be from the date of the Contracting Officer‘s signature.

B.5 PRICE/COST SCHEDULE

Table B.5.1 Base Period – 12 Months

CLIN # CLIN Description Total Price

Requirements Validation, Project Management Documentation, Code Review and Design - See Clause F.2.1 Deliverables Table (CLIN 1)

2 Sprint #1: Functional Tag 1 - See Clause F.2.1 Deliverables Table (CLIN 2) $

3 Sprint #2: Functional Tag 2 - See Clause F.2.1 Deliverables Table (CLIN 3) $

4 Sprint #3: Functional Tag 3 - See Clause F.2.1 Deliverables Table (CLIN 4) $

5 Training and Project Close-out See Clause F.2.1 Deliverables Table (CLIN 5) $

Total Price $

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Scope

C.1.1 The focus of this Request for Proposal (RFP) is on custom software development professional services for the Court Social Services Division (CSSD)’s Youth Automation System (YAS). This involves enhancing a distributed, web-enabled system – YAS - that retains, displays, and reports on information about respondent activity within the CSSD, as well as containing an automated process workflow for CSSD staff to conduct their day-to-day business.

C.1.2 The Agile Software Development Methodology shall be adopted for this implementation. The requirements, Appendix A – New Release Requirements, are presented in 3 sprints. Each sprint requires the following detailed steps:

C.1.2.1 Requirements Validation: The requirements as presented in this document address specific business needs that need to be reviewed and confirmed by CSSD personnel.

C.1.2.2 Definition of Test Cases and Scenarios: These need to show that the actual business need is met by the technical requirement.

C.1.2.3 Development/Testing: Creation of the actual code to produce the desired result and Test results to demonstrate each requirement is addressed.

C.1.2.4 User Acceptance Testing (UAT): Validation with CSSD that the business need is satisfied.

C.2 Background

C.2.1 The Courts, the judicial branch of the District of Columbia government, is comprised of the Court of Appeals, the highest court of the Courts;

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

C.2.2 CSSD is responsible for serving and supervising juveniles involved in the “front-end” of the District’s juvenile justice system. Those juveniles include: all newly arrested youth entering the Court system in juvenile delinquency cases, Persons In Need of Supervision (PINS) cases and truancy cases, probation, and diversion matters.

C.2.3 CSSD currently has an average of 1,600 juveniles under its supervision at any given time. The Division’s staff is responsible for:

1) Screening and assessing each newly arrested youth’s social history and risk to public safety;

2) Conducting youth and family assessments, including Family Group

Conferences;

3) Making petition and detention recommendations to the Office of the

Attorney General (OAG);

4) Advising and making recommendations to the Courts throughout all phases of the adjudication process;

5) Conducting home, school, and community assessments toward the development of comprehensive pre- and post-disposition probation services, supervision plans and alternatives to detention;

6) Recommending and facilitating commitment of youth to the District of Columbia’s Department of Youth Rehabilitation Services (DYRS); and

7) Coordinating services and monitoring all court involve youth.

C.2.4 The Courts currently utilizes CourtView, a client-server COTS case management program by CourtView Justice Solutions, Inc.

CourtView is a comprehensive case management system that stores and tracks all the activities in a case life cycle for all case types including family, civil, criminal, probate and tax matters. On the back-end, CourtView runs on an Oracle database, while the front-end is utilizing a proprietary developed solution. Additionally, CourtView application incorporates a document management and imaging workflow solution – OnBase (COTS document management system that is tightly integrated with CourtView), relying on a relational database as well as file system.

C.2.5 While it does store Juvenile Social Files (JSF) summary data, CourtView has limitations to store and track the aforementioned (Section C2.5) comprehensive juvenile probation activities. In 2015, ITD developed a Java-based YAS release 1.0 with functionalities to store and track juvenile probation activities that CourtView is not able to do. Utilizing the CourtView “ Docket Added Request” via a web service, YAS 1.0 provides an update to the summary narrative in Juvenile Social Files (JSF) that is stored in CourtView whenever an activity takes place. However, the current version has fallen into disuse because some key functional requirements have been submitted to ITD yet ITD has no in-house resources that can be utilized to make these changes. As a result, CSSD currently still uses a combination of CourtView Juvenile Social File (JSF) Cases and numerous paper and electronic documents generated by MS Office tools to manage juvenile or respondents.

C.2.6 This enhancement initiative needs to address two (2) main issues in the current YAS system that relate to this process.

C.2.6.1 First, when the data is uploaded to CourtView (via the Docket Add Request process) the “Updated By” field is set to a User Admin account required by the CourtView process. CSSD needs to know which YAS user actually triggered the document generation that resulted in the docket being applied in CourtView. This needs to be accomplished by either changing the “Updated By” field in CourtView or adding the YAS user name to the CourtView docket text field.

C.2.6.2 The second issue is that if the CourtView docket generation process fails for any reason, YAS is not informed of the failure and hence the YAS user does not know that their update to CourtView failed. This upgrade to YAS needs to address this issue.

C.2.7 Additionally, a new Probation Officer (PO) report format has been created by

CSSD that replaces the formats as currently designed in YAS. See Appendix B – New Report Format and Data Sources.

C.2.8 The Courts is seeking the services of a Contractor to enhance the current YAS system. The new requirements are contained in Appendix A. Existing system requirements are in Appendix C for reference. The new requirements (Appendix A – New Release Requirements) can be broadly grouped as follows:

C.2.8.1 Docket Add Request defect remediation - Error processing on upload of data to CourtView. I.e., inform the YAS user whether the upload of data performed as expected, or state why it did not upload.

C.2.8.2 Store YAS user name in CourtView for uploaded dockets.

C.2.8.3 Develop the new PO report format and automatic forms generation

(Appendix B – New Report Format and Data Sources) and associated processing. This includes removing the existing reports in

YAS.

C.2.8.4 Allow for data to be cut and pasted into text portions of the new report format from other systems that CSS staff has access to.

C.2.8.5 Extract additional data from CourtView into YAS, including into the new report.

C.2.8.6 Modify extraction of CourtView data, e.g., include additional case types.

C.2.8.7 Add additional notifications to YAS users.

C.2.9 All existing code for the YAS system will be made available to the contractor upon reward of contract.

C.3 Contractor Qualifications

C.3.1 The Contractor shall demonstrate relevant experience with recent projects of similar nature, scope, and size pertaining to providing custom system development professional services, preferable under fixed scope contractual structure, to a Court, federal government agency, local government agency, or to private sector businesses. At a minimum, the Contractor shall demonstrate relevant experience in the following areas:

C.3.1.1 Gathering and documenting detailed system requirements;

C.3.1.2 Translating business and functional requirements into technical requirements;

C.3.1.3 Designing and developing systems based on requirements and specifications;

C.3.1.4 Experience in Agile software development practice;

C.3.1.5 Ability to participate in and/or lead Joint Application Development

(JAD) sessions;

C.3.1.6 Experience (5+ years) of data modeling;

C.3.1.7 Experience (10+ years) in Oracle DBMS, Oracle Web Logic, and

Java (J2EE/JEE);

C.3.1.8 Experience (5+ years) in JSF Frameworks like PrimeFaces;

C.3.1.9 Experience (10+ years) in Oracle PL/SQL;

C.3.1.10 Experience (10+ years) developing Rest and/or SOAP web services in Java. using JAX-RS and/or JAX-WS;

C.3.1.11 Strong SQL (10+ years) and query writing skills;

C.3.1.12 Experience(10+ years) in JavaScript, HTML, XML, CSS, and jQuery;

C.3.1.13 Experience with a Judicial Case Management system, such as

Courtview;

C.3.1.14 Experience (10+ years) using Integrated Development environments such as JDeveloper, NetBeans, or Eclipse;

C.3.1.15 Comprehensive understanding of software design patterns, particularly proxy, memento, and façade;

C.3.1.16 Comprehensive understanding of software state machines;

C.3.1.17 Experience working with Virtual Private Databases (VPD) is preferred, but not required;

C.3.1.18 Ability to furnish detailed, weekly status reports;

C.3.1.19 Experience (5+ years) working in environments requiring proper safeguarding of sensitive and Personally Identifiable Information (PII); and, C.3.1.20 Experience (5+ years) in IBM Rational Suite or similar software version control system.

C.3.2 The Contractor must screen and provide qualified personnel with proven experience in the discipline required. The screening process must include a criminal background check, as well as verification of education, work history, and references.

C.3.2.1 The Courts will conduct independent interview of the Contractor’s candidate(s) as part of the Source Selection Board review process;

C.3.2.2 The Courts reserves the right to perform its own background check in addition to any checks provided by the Contractor.

C.3.3 Corrective Action Plan – The Contractor must have a process for replacing individuals that are not qualified or problematic as determined by the Courts.

This corrective action plan will have no cost to the Courts.

C.3.3.1 If two (2) or more unsatisfactory personnel are provided in a 2 months span, the Courts reserves the right to terminate services with the Contractor.

C.3.4 Qualified personnel provided by the Contractor must:

C.3.4.1 Follow IT Division’s processes and procedures;

C.3.4.2 Turn over source code(s) and documentation to the Courts for each assignment, when applicable.

C.4 Requirements

C.4.1 The Contractor shall hold weekly status meetings with the Courts‘ project manager and CSSD Project Lead(s). The meetings shall be used to report of project status, tasks completed for the week, outstanding tasks, tasks scheduled for the coming weeks, issues, delays, and potential risks. The Contractor shall be responsible for capturing and reviewing the minutes of all meetings with the Courts and providing a copy to the Courts‘ project manager.

C.4.2 The Contractor shall be responsible for refining and updating the overall project schedule.

C.4.3 The Contractor shall conduct a project initiation meeting with the Courts‘ project team. The objective of this meeting is to clearly outline the steps, deliverables, and expectations of the project. In the event of a critical issue during project execution the Contractor agrees to work with the Courts‘ project manager. All contract change issues as it relates to the services provided in this project must follow the Courts‘ change management process.

C.4.4 The Contractor shall provide the Courts with the project documentation identified in Table F 3.1 - Deliverables;

C.4.5 The Contractor shall provide the Courts with comprehensive software design documentation that accurately reflects the final product;

C.4.6 The Contractor shall provide the Courts with an Updated Test Plan for UAT for each Sprint;

C.4.7 The Contractor shall develop a system that will retrieve information from CourtView and provide screens on which additional data can be captured and retained. See Appendix A – New Release Requirements for details; Appendix B – New Report format and Data Sources; and Appendix C - Existing System Requirements;

C.4.8 The Contractor shall facilitate UAT sessions;

C.4.9 The Contractor shall facilitate user training sessions;

C.4.10 The Contractor shall perform the work on site;

C.4.11 The Contractor shall provide all items in Section H.6 Contractor Responsibilities.

END OF CLAUSE

SECTION D - PACKAGING AND MARKING

(Not applicable to this procurement)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Inspection of Services

(a) ―Services‖ as used in this clause includes (1) project management; (2) documentation development; (3) system design and development; and (4) the training of Courts power users and end users.

(b) The Contractor shall provide and maintain documentation of all services provided under this contract. Complete records of all services performed by the Contractor shall be maintained and made available to the Courts during contract performance and for as long afterwards as the contract requires.

(c) The Contractor shall apply the Agile methodology in order to deliver the requirements in three (3) distinct Sprints. See Section C.1.3 and Appendix A – New Release Requirements.

(d) The Courts have the right to review and test all services called for by the contract to the extent practicable during the term of the contract. The Courts will perform reviews and tests in a manner that will not unduly delay the work. The Courts will perform system and integration tests, while unit testing and user acceptance testing remains the responsibility of the Contractor.

(e) If any of the services do not conform to the contract requirements, the Courts may require the Contractor to perform these services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by performance, the Courts may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and reduce the contract price to reflect value of services performed.

(f) If the Contractor fails to promptly perform the services again or take the necessary action to ensure future performance in conformity to contract requirements, the Courts may (1) by contract or otherwise, perform the services and charge the Contractor any cost incurred by the Courts that is directly related to the performance of such services, or (2) terminate the contract for default.

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Term of Contract:

The term of the contract shall not exceed twelve (12) months from the date of award. The date of award shall be from the date of the Contracting Officer‘s signature.

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 Technical Representative (COTR) the deliverables specified below within the designated and/or agreed upon time frames:

F. 2.1 – Deliverables Tables

CLIN Deliverable Format/Method of Delivery

Due Date To Whom

Project Plan (QA, Risk and Communications) MS Word 2007 or 2013

Baseline One (1) month from date of award

COTR

Project Work breakdown Structure (WBS) MS Project

Technical Requirements Document MS Spreadsheet 2007 or

YAS Design Document MS Word 2007 or 2013

Test Scenarios MS Word 2007 or 2013 (or MS Spreadsheet 2007 or 2013)

Sprint #1: Functional Tag 1 – Docket Add Request Integration

In-person Functional Software Demonstrations

TBD COTR&

(stakeholders)

Updated Documentation Microsoft Word 2007 (soft copy)

Sprint #2: Functional Tag 2 – New Probation Officer Report

In-person Functional Software Demonstrations

TBD COTR&

(stakeholders)

Updated Documentation Microsoft Word 2007 (soft copy)

Sprint #3: Functional Tags 3 – Enhancements

In-person Functional Software Demonstrations

TBD COTR&

(stakeholders)

Updated Documentation Microsoft Word 2007 (soft copy)

Training Sessions In-person classroom training

TBD COTR

Project Close- out Summary Report Microsoft Word 2007 (soft copy)

All software deliverables for each Sprint will be tested by the Courts’ Testing Team for integration test and UAT. Upon receiving the Testing Team’s certification of software deliverable for each Sprint, COTR will sign off the deliverables.

SECTION G -CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices

G.1.1 The Contractor shall be compensated in the following manner: Contractor shall submit to the Contract Administrator a breakdown of all services performed for review. The Courts will make payments to the Contractor, upon the submission of proper invoices, at the prices stipulated in this contract, for supplies delivered and accepted or services performed and accepted, less any discounts, allowances or adjustments provided for in this contract. Payments shall be made in accordance with Section G.5 below.

G.1.2 The Courts will pay the Contractor on or before the 30th day after receiving a proper invoice from the Contractor.

G.2 Invoice Submittal

G.2.1 The Contractor shall submit proper invoices as specified in Section G.3 below.

Invoices shall be prepared in duplicate and submitted to the Budget and Finance Division with concurrent copies to the COTR specified in Section G.9 below. The address of the Budget and Finance Division is:

Name: Budget and Finance Division

District of Columbia Courts 616 H Street, NW 6th Floor, Suite 600 Washington, DC 20001

G.3 To constitute a proper invoice, the Contractor's invoice shall include the following information on the invoice:

a. Name and address of the Contractor, Federal ID and invoice date and number;

b. The contract number and Contract Order number;

c. Description, , price, quantity, and the date(s) that the supplies or services were delivered or performed:

d. Date the services or supplies were rendered;

e. Other supporting documentation or information, as required by the Contracting

Officer;

f. Name, title, telephone number and complete mailing address of the responsible official to whom payment is to be sent;

g. Name, title, phone number of person preparing the invoice;

h. Name, title, phone number and mailing address of person (if different from the person identified in g above) to be notified in the event of a defective invoice; and

i. Authorized signature.

G.4 The Contractor shall submit final invoices within thirty (30) days after the expiration of this contract.

G.5 In addition, the Contractor shall complete Attachment J.11 - District of

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

G.5 Payment

G.5.1 Payment to the Contractor for services satisfactorily performed and accepted by the Courts 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.5.2 Payment Schedule

CLIN Deliverable % Comments

Project Plan (QA, Risk and Communications)

5% Project Work breakdown Structure

(WBS)

Technical Requirements Document YAS Design Document Test Scenarios

Sprint #1: Functional Tag 1 – Docket Add Request Integration 15%

Updated Documentations 4%

Sprint #2: Functional Tag 2 – New Probation Officer Report

30%

Sprint #3: Functional Tags 3 – Enhancements 30%

Training Sessions 5%

Project Close- out Summary Report 3%

G.6 Contracting Officer (CO)

G.6.1 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. The contact information for the Contracting Officer (CO) is:

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

G.7 Authorized Changes by the Contracting Officer

G.7.1 The Co is the only person authorized to approve changes in any of the requirements of this contract.

G.7.2 The Contractor shall not comply with any order, directive or request that changes or modifies the requirements of this contract, unless issued in writing and signed by the

CO.

G.7.3 In the event the Contractor effects any change at the instruction or request of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any cost increase incurred as a result thereof.

G.8 Contracting Officer’s Technical Representative (COTR)

G.8.1 The COTR is responsible for general administration of the contract and advising the CO as to the Contractor‘s compliance or noncompliance with the contract. The COTR has the responsibility of ensuring the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in the contract. These include:

G.8.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during the performance period and advising the CO of any potential problem areas under the contract;

G.8.1.2 Coordinating site entry for Contractor personnel, if applicable;

G.8.1.3 Reviewing invoices for completed work and recommending approval by the CO if the Contractor‘s costs are consistent with the negotiated amounts and progress is satisfactory and commensurate with the rate of expenditure;

G.8.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This includes the timely processing of invoices and vouchers in accordance with the Courts ‗payment provisions; and

G.8.1.5 Maintaining a file that includes all contract correspondence, modifications, records of inspections (site, data, equipment) and invoice or vouchers.

G.9 The address and telephone number of the COTR is:

Gregory Hale Project Manager Information & Technology Division D.C. Courts

410 E Street N.W.

Washington D.C. 20001

G.9.1 The COTR shall NOT have the authority to:

1. Award, agree to, or sign any contract, delivery order or task order. Only the CO shall make contractual agreements, commitments or modifications;

2. Grant deviations from or waive any of the terms and conditions of the contract;

3. Increase the dollar limit of the contract or authorize work beyond the dollar limit of the contract,

4. Authorize the expenditure of funds by the Contractor;

5. Change the period of performance; or

6. Authorize the use of Courts property, except as specified under the contract.

G.9.2 The Contractor will be fully responsible for any changes not authorized in advance, in writing, by the CO; may be denied compensation or other relief for any additional work performed that is not so authorized; and may 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 Department of Labor Wage Determination

The Contractor is bound by the attached Wage Determination No. 2015-4281 Revision No. 3, dated 4/8/16, 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.

H.2 Publicity

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

H.3 Disclosure of Information

H.3.1 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.3.2 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.3.3 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.3.4 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.4 Security Requirements

H.4.1 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 Courts’ Responsibilities

H.5.1 The Courts‘ staff will work with the selected Contractor to address any questions and concerns.

H.5.2 The Courts‘ staff will provide the necessary level of access to the Courts‘ systems.

H.6 Contractor Project Staff

H.6.1 The Contractor shall not change key Contractor staff (for this solicitation‘s project team) unless such replacement is necessary due to sickness, death, termination of employment, or unpaid leave of absence. Any such changes shall require formal written notice to the Courts. Replacement project staff shall have comparable or greater skills with regard to performance of the project as the staff being replaced and be subject to the provisions of this RFP and any resulting contract.

The Courts reserves the right to require removal or reassignment of the Contractor‘s project staff found unacceptable.

The Courts may conduct reference checks—and will conduct background checks (See H.4)—on the Contractor‘s project staff. The Courts reserves the right to reject the Contractor‘s staff as a result of such reference and background checks.

Notwithstanding anything to the contrary, the Courts shall have the option to terminate the contract, at its discretion, if it is dissatisfied with the Contractor‘s replacement project staff.

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 Contracts that Cross Fiscal Years

Continuation of this contract beyond the current fiscal year is contingent upon future fiscal appropriations.

I.3 Confidentiality of Information

The Contractor shall keep all information relating to any employee or customer of the Courts in absolute confidence and shall not use the information in connection with any other matters; nor shall it disclose any such information to any other person, firm or corporation, in accordance with the Courts and federal laws governing the confidentiality of records.

I.4 Time

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

I.5 Rights In Data

I.5.1 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 or pricing, or management information.

I.5.2 The term ―Technical Data‖, as used herein, means recorded information, regardless of form or characteristic, of a scientific or technical nature. It may, for example, document research, experimental, developmental or engineering work, or be usable or used to define a design or process or to procure, produce, support, maintain, or operate material.

The data may be graphic or pictorial delineations in media such as drawings or photographs, text in specifications or related performance or design type documents or computer printouts. Examples of technical data include research and engineering data, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information, and computer software documentation. Technical data does not include computer software or financial, administrative, cost and pricing, and management data or other information incidental to contract administration.

I.5.3 The term ―Computer Software‖, as used herein means computer programs and computer databases. ―Computer Programs‖, as used herein means 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, data management systems, utility programs, sort merge programs, and automated data processing equipment maintenance diagnostic programs, as well as applications programs such as payroll, inventory control and engineering analysis programs. Computer programs may be either machine-dependent or machine-independent, and may be general purpose in nature or designed to satisfy the requirements of a particular user.

I.5.4 The term “computer databases”, as used herein, means a collection of data in a form capable of being processed and operated on by a computer.

I.5.5 All data first produced in the performance of this Contract shall be the sole property of the Courts. The Contractor hereby acknowledges that all data, including, without limitation, computer program codes, produced by Contractor for the Courts under this Contract, are works made for hire and are the sole property of the Courts; but, to the extent any such data may not, by operation of law, be works made for hire, Contractor hereby transfers and assigns to the Courts the ownership of copyright in such works, whether published or unpublished. 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 in common law or in equity in such data. The Contractor shall not publish or reproduce such data in whole or in part or in any manner or form, or authorize others to do so, without written consent of the Courts until such time as the Courts may have released such data to the public.

I.5.6 The Courts will have restricted rights in data, including computer software and all accompanying documentation, manuals and instructional materials, listed or described in a license or agreement made a part of this contract, which the parties have agreed will be furnished with restricted rights, provided however, notwithstanding any contrary provision in any such license or agreement, such restricted rights shall include, as a minimum the right to:

I.5.6.1 Use the computer software and all accompanying documentation and manuals or instructional materials with the computer for which or with which it was acquired, including use at any Courts installation to which the computer may be transferred by the Courts;

I.5.6.2 Use the computer software and all accompanying documentation and manuals or instructional materials with a backup computer if the computer for which or with which it was acquired is inoperative;

I.5.6.3 Copy computer programs for safekeeping (archives) or backup purposes; and modify the computer software and all accompanying documentation and manuals or instructional materials, or combine it with other software, subject to the provision that the modified portions shall remain subject to these restrictions.

I.5.7 The restricted rights set forth in section I.5.6 are of no effect unless

(i) the data is marked by the Contractor with the following legend:

RESTRICTED RIGHTS LEGEND

Use, duplication, or disclosure is subject to restrictions stated in Contract No. with ; and

(Insert Contractor‘s Name)

(ii) If the data is computer software, the related computer software documentation includes a prominent statement of the restrictions applicable to the computer software. The Contractor may not place any legend on the computer software indicating restrictions on the Courts‘ rights in such software unless the restrictions are set forth in a license or agreement made a part of the contract prior to the delivery date of the software. Failure of the Contractor to apply a restricted rights legend to such computer software shall relieve the Courts of liability with respect to such unmarked software.

I.5.8 In addition to the rights granted in Section I.5.6 above, the Contractor hereby grants to the Courts a nonexclusive, paid-up license throughout the world, of the same scope as restricted rights set forth in Section I.5.6 above, under any copyright owned by the Contractor, in any work of authorship prepared for or acquired by the Courts under this contract. Unless written approval of the Contracting Officer is obtained, the Contractor shall not include in technical data or computer software prepared for or acquired by the Courts under this contract any works of authorship in which copyright is not owned by the Contractor without acquiring for the Courts any rights necessary to perfect a copyright license of the scope specified in the first sentence of this paragraph.

I.5.9 Whenever any data, including computer software, are to be obtained from a subcontractor under this contract, the Contractor shall use this clause, I.5, Rights in Data, in the subcontract, without alteration, and no other clause shall be used to enlarge or diminish the Courts‘ or the Contractor‘s rights in that subcontractor data or computer software which is required for the Courts.

I.5.10 For all computer software furnished to the Courts with the rights specified in Section

I.5.5, the Contractor shall furnish to the Courts, a copy of the source code with such rights of the scope specified in Section I.5.5. For all computer software furnished to the Courts with the restricted rights specified in Section I.5.6, the Courts, if the Contractor, either directly or through a successor or affiliate shall cease to provide the maintenance or warranty services provided the Courts under this contract or any paid-up maintenance agreement, or if Contractor should be declared bankrupt or insolvent by a court of competent jurisdiction, shall have the right to obtain, for its own and sole use only, a single copy of the then current version of the source code supplied under this contract, and a single copy of the documentation associated therewith, upon payment to the person in control of the source code the reasonable cost of making each copy.

I.5.11 The Contractor shall indemnify and save and hold harmless the Courts, its officers, agents and employees acting within the scope of their official duties against any liability, including costs and expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy, arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any data furnished under this contract, or (ii) based upon any data furnished under this contract, or based upon libelous or other unlawful matter contained in such data.

I.5.12 Nothing contained in this clause shall imply a license to the Courts under any patent, or be construed as affecting the scope of any license or other right otherwise granted to the Courts under any patent.

I.5.13 Paragraphs I.5.6, I.5.7, I.5.8, I.5.11 and I.5.12 above are not applicable to material furnished to the Contractor by the Courts and incorporated in the work furnished under contract, provided that such incorporated material is identified by the Contractor at the time of delivery of such work.

I.6 Other Contractors

The Contractor shall not commit or permit any act that will interfere with the performance of work by another Courts contractor or by any Courts employee.

I.7 Subcontracts

None of the Contractor‘s work or services hereunder may be subcontracted by the Contractor to any subcontractor without the prior, written consent of the Contracting

Officer. Any work or service so subcontracted shall be performed pursuant to a subcontract agreement which the Courts shall have the rights to review and approve prior to its execution. Notwithstanding any such subcontractor approved by the Court, the Contractor shall remain liable to the Courts for all contractors‘ work and services required hereunder.

I.8 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.9 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.10 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.11 Non-Discrimination

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

I.12 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.13 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.14 Insurance

I.14.1 General Requirements: 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 Contractor shall ensure that all policies provide that the CO shall be given thirty

(30) days prior written notice in the event the stated limit in the declarations page of the policy is reduced via endorsement or the policy is canceled prior to the expiration date shown on the certificate. The Contractor shall provide the CO with Ten (10) days prior written notice in the event of non-payment of premium. The Contractor must submit to the Contracting Officer a certificate of insurance as evidence of compliance within ten (10) calendar days after request.

1. Commercial General Liability Insurance. The Contractor shall provide evidence satisfactory to the CO with respect to the services performed that it carries $1,000,000 per occurrence limits; $2,000,000 aggregate; Bodily Injury and Property Damage including, but not limited to: premises-operations; broad form property damage; Products and Completed Operations; Personal and Advertising Injury; contractual liability and independent contractors. The policy coverage shall include the District of Columbia Courts as an additional insured, shall be primary and non-contributory with any other insurance maintained by the District of Columbia Courts, and shall contain a waiver of subrogation. The Contractor shall maintain Completed Operations coverage for five (5) years following final acceptance of the work performed under this contract.

2. 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 this contract. The policy shall provide a $1,000,000 per occurrence combined single limit for bodily injury and property damage.

3. W orkers‘ Compensation Insu ranc e. The Contractor shall provide Workers‘

Compensation insurance in accordance with the statutory mandates of the Courts of Columbia or the jurisdiction in which the contract is performed.

4. Employer’s Liability Insurance. The Contractor shall provide employer‘s liability insurance as follows: $500,000 per accident for injury; $500,000 per employee for disease; and $500,000 for policy disease limit.

I.14.2 Duration: The Contractor shall carry all required insurance until all contract work is accepted by the Courts and final payment is made by the Courts.

I.14.3 Liability: These are the required minimum insurance requirements established by the

Courts. HOWEVER, THE REQUIRED MINIMUM INSURANCE

REQUIREMENTS PROVIDED ABOVE WILL NOT IN ANY WAY LIMIT THE

CONTRACTOR’S LIABILITY UNDER THIS CONTRACT.

I.14.4 Contractor’s Property: Contractor and subcontractors are solely responsible for any loss or damage to their personal property, including but not limited to tools and equipment, scaffolding and temporary structures, rented machinery, or owned and leased equipment. A waiver of subrogation shall apply in favor of the District of Columbia Courts.

I.14.5 Measure of Payment: The Courts shall not make any separate measure or payment for the cost of insurance and bonds. The Contractor shall include all of the costs of insurance and bonds in the contract price.

I.14.6 Notification: The Contractor shall immediately provide the CO with written notice in the event that its insurance coverage has or will be substantially changed, canceled or not renewed, and provide an updated certificate of insurance to the CO.

I.14.7 Certificates of Insurance. The Contractor shall submit certificates of insurance giving evidence of the required coverage as specified in this section prior to commencing work.

Evidence of insurance shall be submitted to:

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

Louis.Parker@dcsc.gov

I.14.8 Disclosure of Information. The Contractor agrees that the Courts may disclose the name and contact information of its insurers to any third party which presents a claim against the Courts for any damages or claims resulting from or arising out of work performed by the Contractor, its agents, employees, servants or subcontractors in the performance of this contract.

I.15 Cancellation Ceiling

I.15.1 In the event of cancellation of the contract because of non-appropriation 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 amortized over the life mailto:Louis.Parker@dcsc.gov

Enhancement of Youth Automated System (YAS) of the contract.

I.16 Order of Precedence

I.16.1 The contract awarded as a result of this RFP will contain the following clause:

I.16.1.1 Order of Precedence

A conflict in language shall be resolved by giving precedence to the document in the highest order of priority that contains language addressing the issue in question. The following documents are incorporated into the contract by reference and made a part of the contract in the following order of precedence:

(1) An applicable Court Order, if any

(2) Contract document

(3) DC Courts General Contract Provisions

(4) Contract attachments other than the General Contract Provisions

(5) RFP, as amended

(6) BAFOs (in order of most recent to earliest)

(7) Proposal

I.17 Governing Law

This contract, and any disputes arising out of or related to this contract, shall be governed by, and construed in accordance with, the laws of the District of Columbia.

PART III

LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

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

J.2 Anti-Collusion Statement

J.3 Ethics in Public Contracting

J.4 Non-Discrimination

J.5 Certification of Eligibility

J.6 Tax Certification Affidavit

J.7 Certification Regarding a Drug-Free Workplace

J.8 District of Columbia Courts Release of Claims

J.9 Past Performance Evaluation Form

J.10 Wage Determination

J.11 District of Columbia Courts Release of Claims form

Appendix A – New Release Requirements (2 Pages)

Appendix B – New Report and Data Sources (16 Pages)

Appendix C – Existing System Requirements (8 Pages)

PART IV

REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF OFFERORS

K.1 Walsh-Healy Act

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

(a) Regular Dealer

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

Columbia Courts General Contract Provisions.

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

District of…