GSA_Solicitation_-_HP_Warranty_Renewal2017.pdf

DISTRICT OF COLUMBIA COURTS

REQUEST FOR QUOTATION

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: 2/2/2017

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH

616 H STREET, N.W., ROOM 612

WASHINGTON, D.C. 20001

CLOSING DATE: 2/08/2017

SOLICITATION NUMBER: DCSC-17-IFB-0030 CLOSING TIME: 2:00 P.M.

Description: Hewlett Packard Server Annual Warranty Renewal

MARKET TYPE: GSA Federal Supply Schedule Vendors Only

TABLE OF CONTENTS

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

X A Solicitation/Offer/Award Form 1 X H Special Contract Requirements 15 X B Supplies or Services & Price /Cost 6 X I Contract Clauses 20 X C Description/Specs. Work Statement 8 X J List of Attachments 24 X D Packaging and Marking 9 X K Representation Certificates 25 X E Inspection and Acceptance 10 X L Instructions, Conditions, Notices 28 X F Deliveries and Performance 11 X M Evaluation Factors for Award 31 X G Contract Administration Data 12

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

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

OFFEROR

Name and title of Person Authorized to Sign Offer:

(Type or Print)

Name:

Street:

City, State:

Zip Code:

Signature

(Seal)

Date:

Area Code & Telephone Number:

Impress Corporate Seal

Corporate (Seal)

(Secretary) _____________________________________ (Attest)

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

CONTRACT NO._________________________________________________AWARD AMOUNT $____________________________

ACCEPTED AS TO THE FOLLOWING ITEMS:

DISTRICT OF COLUMBIA COURTS

BY:______________________________________

CONTRACTING OFFICER

CONTRACT PERIOD: __________________________________________ _________________________________________

AWARD DATE

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

This solicitation is a GSA Federal Supply Schedule procurement.

REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

1. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NO.

DATE

AMENDMENT

NO.

DATE

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

2. WALSH-HEALY ACT

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

(a) Regular Dealer

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

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

(b) Manufacturer

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

General Contract Provisions.

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

Courts General Contract Provisions.

3. BUY AMERICAN CERTIFICATION

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

EXCLUDED END PRODUCTS COUNTRY OR ORIGIN

4. OFFICERS NOT TO BENEFIT CERTIFICATION

Each Bidder shall check one of the following:

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

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

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

5. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

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

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

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

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

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

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

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

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

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

(a) (3) above; and

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

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

6. TYPE OF BUSINESS ORGANIZATION

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

7. PAYMENT IDENTIFICATION NO.

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

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

Please list below applicable vendor information:

D-U-N-S Number: _________________________________________________

Or Social Security Number: ____________________________________________

Federal Tax Identification Number: ____________________________________

Legal Name of Entity Assigned this Number: ___________________________________

Street Address and/or Mailing Address: _______________________________________

City, State, and Zip Code: __________________________________________________

Type of Business: _________________________________________________________

Telephone Number: _______________________________________________________

PAYMENTS UNDER TERMS OF ANY CONTRACT RESULTING FROM THIS

SOLICITATION WILL BE HELD IN ABEYANCE PENDING RECEIPT OF A VALID

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

INDENTIFICATION NUMBER.

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

B.1 The District of Columbia Court is seeking a qualified Contractor to provide

Hewlett Packard Blade Server Annual Warranty Renewal to be utilized throughout the D.C. Courts’ Information & Technology Division.

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

B.2 The bidder/offeror shall submit a price for the services specified below in Section

B.3 and in accordance with Section C, Scope of Services, and Attachment A – Equipment Specifications.

B.3 CONTRACT PRICE:

See Attachment “A” for additional information on equipment specifications.

Quantity Part Number

MFG Description Unit Price Ext Price

1 HL935AC HP HP Collaborative Remote Support Period Of Performance (POP):

10/1/2016-9/30/2017 Support ID:

104676116791

1 H7J35AC HP Foundation Care

24X7 W/ DMR

Service

POP: 10/1/2016-

9/30/2017

104676116851

1 H1K95AC HP HP Software 24X7 Support

POP: 10/1/2016-

9/30/2017

104676147490

1 H7J33AC HP HP Foundation Care NBD W/DMR Service

POP: 10/1/2016-

9/30/2017

104676116911

1 H1K95AC HP HP Software 24X7 Support

POP: 10/1/2016-

9/30/2017

104676116408

1 H7J35AC HP Foundation Care 24X7 W/DMR Service

POP: 10/1/2016-

9/30/2017

104676116561

TOTAL

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT

C.1 Contractor shall provide Hewlett Packard Server Annual Warranty Renewal to be utilized throughout the DC Courts in accordance to Section B and Attachment “A” - Equipment Specifications.

PART 1

SECTION D - PACKAGING AND MARKING

D.1 This section is not applicable to this solicitation.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

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

(b) The Contractor shall provide and maintain 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 Courts have the right to review all services called for by the contract to the extent practicable during the term of the contract.

(d) 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.

(e) 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:

F.1.1 The period of performance for the resulting contract shall be from 10/1/16 through September 30, 2017.

SECTION G -CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices:

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

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

a. Name of the business concern and invoice date;

b. The contract number;

c. Description of services actually delivered or rendered;

d. Date the services were rendered;

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

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

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

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

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

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

G.2 Billing/Payment

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

G.3 Audits:

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

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

G.4 Contracting Officer and Contracting Officer Technical

Representative(COTR)

G.4.1 Contracting Officer: The District of Columbia Superior Court Contracting Officer who has the appropriate contracting authority is the only Courts official authorized to contractually bind the Courts through signing contract documents.

All correspondence to the Contracting Officer shall be forwarded to:

Louis W. Parker, Contracting Officer

Administrative Services Division District of Columbia Courts 616 H Street, N.W., Suite 622 Washington, D.C. 20001

G.4.2 Contracting Officer’s Technical Representative: The Contracting Officer

Technical Representative (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 Contract Administrator is responsible for the day-to-day monitoring and supervision of the contract. The Contracting Officer’s Technical Representative (COTR) shall be:

Samer Salama Information & Technology Division 410 E St. N.W. 3rd Floor

202-879-1861

G.5 Authorized Representative of the Contracting Officer

G.5.1 The Contract Administrator will have the responsibility of ensuring that the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in this contract. It is understood and agreed that the Contract Administrator shall not have authority to make changes in the scope or terms and conditions of the contract.

G.5.2 THE RESULTANT CONTRACTOR IS HEREBY FOREWARNED THAT

ABSENT THE REQUISITE AUTHORITY OF THE CONTRACT

ADMINISTRATOR TO MAKE ANY SUCH CHANGES, CONTRACTOR

MAY BE HELD FULLY RESPONSIBLE FOR ANY CHANGES NOT

AUTHORIZED IN ADVANCE, IN WRITING, BY THE CONTRACTING

OFFICER, MAY BE DENIED COMPENSATION OR OTHER RELIEF

FOR ANY ADDITIONAL WORK PERFORMED THAT IS NOT SO

AUTHORIZED, AND MAY BE ALSO BE REQUIRED, AT NO

ADDITIONAL COST TO THE COURTS, TO TAKE ALL CORRECTIVE

ACTION NECESSITATED BY REASON OF THE UNAUTHORIZED

CHANGES.

SECTION H - SPECIAL CONTRACTS REQUIREMENTS

H.1 Other Contractors

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

H.2 Disclosure of Information

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

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

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

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

H.3 Rights in Data

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

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

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

H.3.4 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.

H.3.5 All data first produced in the performance of any contract resulting from this

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

H.3.6 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:

H.3.6.1 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;

H.3.6..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;

H.3.6.3 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.

H.3.7 The restricted rights set forth in section H.3.6 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_____________________________________(Contractor’s Name); and

(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.

H.3.8 In addition to the rights granted in Section H.3.6 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 H.3.6 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 datafor 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.

H.3.9 Whenever any data, including computer software, are to be obtained from a subcontractor under this contract, the Contractor shall use this clause, H.3, 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.

H.3.10 For all computer software furnished to the Courts with the rights specified in Section H.3.5, the Contractor shall furnish to the Courts, a copy of the source code with such rights of the scope specified in Section H.3.5. For all computer software furnished to the Courts with the restricted rights specified in Section H.3.6, 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.

H.3.11 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.

H.3.12 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.

H.3.13 Paragraphs H.3.6, H.3.7, H.3.8, H.3.11 and H.3.12 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.

H.4 Contractor Management Responsibility

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

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

H.6 Permits, Licenses and Certificates

H.6.1 Those permits required to be obtained by the Contractor shall be applied for by the

Contractor well in advance of his needs. If the Contractor experiences any difficulty in obtaining a permit, he shall immediately request assistance from the Contracting Officer’ Technical Representative or designee.

H.7 Access to Building

(1) Contractor will be given access to the building, along with secured sensitive areas or where work is specified to be performed at specified periods.

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

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

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

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

PART II

SECTION I - CONTRACT CLAUSES

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

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

I.2 Restriction On Disclosure and Use of Data:

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

I.3 Ethics in Public Contracting:

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

I.4 Disputes:

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

I.5 Laws and Regulations:

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

I.6 Non-Discrimination:

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

I.7 Examination of Books and Records:

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

I.8 Record Keeping:

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

I.9 Subcontracts

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

I.10 Protest

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

I.10.1.1 Administrative Services Division

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

I.10.2 A protest shall include the following:

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

I.10.2.2 solicitation or contract number;

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

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

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

I.11 Insurance:

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

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

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

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

I.11.5 Duration: The Contractor shall carry all required insurance until all contract work is accepted by the Courts, and shall carry the required General Liability; any required Professional Liability; and any required Employment Practices Liability insurance for five (5) years following final acceptance of the work performed under this contract.

I.11.6 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.11.7 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.11.8 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.11.9 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.11.10 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:

Louis W. Parker Contracting Officer

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

Louis.Parker@dcsc.gov

I.11.11 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.12 Cancellation Ceiling

I.12.1 In the event of cancellation of the contract because of non-appropriation for any fiscal year after fiscal year __2017______, there shall be a cancellation ceiling of zero dollars representing reasonable preproduction and nonrecurring costs, which would be applicable to the items or services being furnished and normally amortized over the life of the contract.

I.13 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.

mailto:Louis.Parker@dcsc.gov

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 Attachment A - Equipment Specifications

PART IV

REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF BIDDERS

K.1 Certification Regarding a Drug-Free Workplace

K.1.1 Definitions. As used in this provision:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

K.1.2.5 Notify the Contracting Officer in writing within 10 calendar days after receiving notice under subdivision K.1.2.2 (ii - of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;

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

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

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

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

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

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

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

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

(See FAR 9.104-1(g) and 19-602-1(A)(2) (I) and (II).

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

K.1.6 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE

Print Name of Authorized Title

Representative

Signature of Authorized Representative

PART IV

REPRESENTATIONS AND INSTRUCTIONS

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

L.1 Bid/Offer Submission and Identification:

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

L.1.2 The bidder/offeror shall conspicuously mark on the outside of the bid package the name and address of the bidder and the following:

Solicitation Number: DCSC-17-IFB-0030 Caption: Hewlett Packard Blade Server Annual Warranty Renewal Solicitation Closing Date: 2/08/2017 Solicitation Closing Time: 2:00PM

L.1.3 Confidentiality of Submitted Information:

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

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

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

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

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

L.1.3.3 Note that the District of Columbia Courts shall have the right to duplicate, use, or disclose the data to the extent consistent with the Court’s internal needs in the procurement process.

The Courts may, without permission of the bidder/offeror, use, without restriction, information contained in this bid/offer package if it is obtained from another source.

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

L.1.4.1 Bids/Offers shall be mailed to the following address:

District of Columbia Courts

Administrative Services Division Procurement and Contracts Branch Attn: Darryl Allen, Contract Specialist 616 H Street, N.W., Suite 612

L.1.4.2 Bids/Offers shall be hand delivered to the following address:

District of Columbia Courts Administrative Services Division Procurement and Contracts Branch Attn: Darryl Allen, Contract Specialist 701 7th Street, N.W., Suite 612

L.2 Bid/Offer Information and Format:

L.2.1 At a minimum, each bid/offer submitted in response to this GSA Federal Supply

Schedule solicitation shall include sections, as set forth below, if any, which address the approach for the work described in Section "C" - Description/Specifications/Statement of Work and Attachment – Equptment Specifications. The bid/offer shall include the requisite legal representations, resources which will directly be employed in the project, client references, and a description of similar services provided by the bidder and its key personnel.

Failure to address adequately any of these areas may result in the bid/offer being eliminated from consideration for award.

L.2.2 Bids/Offers shall be prepared simply and economically, providing a straightforward, concise delineation of bidder’s capabilities to satisfy the requirements of this GSA Federal Supply Schedule solicitation. Fancy bindings and colored displays or promotional material are not desired or preferred, but pages must be numbered. Each bidder/offeror shall submit one completed copy of the GSA Federal Supply Schedule solicitation, one (1) original and one (1) copy of the Bid. Each bid shall be properly indexed and include all information requested in the GSA Federal Supply Schedule solicitation.

L.3 Contract Type:

L.3.1 This is a firm-fixed price contract.

PART V

Section M – Supplies

SECTION M - EVALUATION FACTORS

M.1 This section is not applicable to this solicitation.

DISTRICT OF COLUMBIA COURTS

GENERAL PROVISIONS

FOR USE WITH COURTS’

SUPPLY & SERVICES CONTRACTS

(Revised 2008)

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH

SUITE 622

616 H STREET, N.W.,

WASHINGTON, D.C. 20001

Revised 2008

ATTACHMENT A

D.C. COURTS GENERAL CONTRACT PROVISIONS

(Revised 2008)

1. Definitions

2. Changes

3. Transfers

4. Waiver

5. Indemnification

6. Patents and Copyrights

7. Covenant Against Contingent Fees

8. Quality

9. Health And Safety Standards

10. Inspection Of Supplies

11. Inspection Of Services

12. Payment

13. Taxes

14. Appointment of Attorney

15. Termination for Default

16. Termination for Convenience of the Court

17. Termination of Contracts for Certain Crimes and Violations

18. Protests and Disputes

19. Independent Contractor Relationship

20. Security

21. Officials not to Benefit

22. Retention and Examination of Books

23. Recovery of Debts Owed the Court

24. Appropriation of Funds

25. Non-Discrimination in Employment

26. Buy American Act

27. Service Contract Act of 1965

28. Walsh-Healey Public Contracts Act……………………… ……………………… 23

29. Governing Law

30. Multiyear Contract

1. Definitions.

The term “Contracting Officer” shall mean the Executive Officer of the District of Columbia Courts or her or his authorized representative. The term “Court” shall, depending on how that term is defined elsewhere in this contract, mean the Superior Court of the District of Columbia, the District of Columbia Court of Appeals or the District of Columbia Court System. If the Contractor is an individual, the term “Contractor” shall mean the Contractor, his or her heir(s), executors and administrators. If the Contractor is a corporation, the “Contractor” shall mean the Contractor and its successor. The term “District of Columbia government” shall mean all the branches of the government of the District of Columbia, including the District of Columbia Courts.

2. Changes.

The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes in this contract within the general scope hereof. If such change causes an increase or decrease in the cost of performance of this contract, or in the time required for performance, an equitable adjustment shall be made. Any claim for adjustment under this paragraph must be asserted within ten (10) days from the date the change is offered, provided however, that the Contracting Officer, may, in his or her discretion receive, consider and adjust any such claim asserted at any time prior to the final settlement of the contract. If the parties fail to agree upon the adjustment to be made, the dispute shall be determined in accordance with Clause 18. Nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

3. Transfers.

This contract or any interest herein shall not be transferred by either the Court or the Contractor except upon written permission of the other party.

4. Waiver.

The waiver of any breach of this contract will not constitute a waiver of any subsequent breach thereof, nor a waiver of this contract.

5. Indemnification (Revised 11/24/08).

(a) The Contractor shall indemnify and save harmless the Court and its officers, agents and employees from and against any and all claims, losses, liabilities, penalties, fines, forfeitures, demands, causes of action, suits and expenses incidental thereto (including the cost of defense and attorneys' fees) resulting from, arising out of, or in any way connected to any act, omission or default of the Contractor, its officers, agents, employees, servants or its subcontractors, or any other person acting for or by permission of the Contractor in the performance of this contract, regardless of whether or not any damage resulting from the

Contractor's act, omission or default is caused in part by the Court. The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed in performance of this Contract. The Contractor shall also repair or replace any Court property that is damaged by the Contractor, Contractor's officers, employees, agents, servants, subcontractors, or any other person acting for or by permission of the Contractor While performing work hereunder.

(b) The indemnification obligation under this clause shall not be limited by the existence of any insurance policy or by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor, and shall survive the termination of this Contract. The Court agrees to give Contractor written notice of any claim of indemnity under this clause.