Solicitation_No__DCSC-17-RP-0054_-_Establishment_&_Operation_of_a_Child_Welfare_Legal_Clinic.pdf

DISTRICT OF COLUMBIA COURTS

SOLICITATION, OFFER AND AWARD

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: 5/25/2017

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH OPENING DATE: ____________

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

WASHINGTON, D.C. 20001

CLOSING DATE: 6/23/2017

SOLICITATION NUMBER: DCSC-17-RP-0054 CLOSING TIME: 3:00 P.M.

OFFER/BID FOR: The Establishment & Operation of a Child Welfare Legal Clinic MARKET TYPE: OPEN

TABLE OF CONTENTS

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

X A Solicitation/Offer/Award Form 1 X H Special Contract Requirements 16 X B Supplies or Services & Price /Cost 5 X I Contract Clauses 19 X C Description/Specs. Work Statement 8 X J List of Attachments 24 X D Packaging and Marking 10 X K Representation Certificates 25 X E Inspection and Acceptance 11 X L Instructions, Conditions, Notices 28 X F Deliveries and Performance 12 X M Evaluation Factors for Award 38 X G Contract Administration Data 13

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

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

OFFEROR

Name and title of Person Authorized to Sign Offer:

(Type or Print)

Name:

Street:

City, State:

Zip Code:

Signature

(Seal)

Date:

Area Code & Telephone Number:

Impress Corporate Seal

Corporate (Seal)

(Secretary) _____________________________________ (Attest)

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

CONTRACT NO._________________________________________________AWARD AMOUNT $____________________________

ACCEPTED AS TO THE FOLLOWING ITEMS:

DISTRICT OF COLUMBIA COURTS

BY:______________________________________

CONTRACTING OFFICER

CONTRACT PERIOD: __________________________________________ _________________________________________

AWARD DATE

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

REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

1. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NO.

DATE

AMENDMENT

NO.

DATE

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

2. OFFICERS NOT TO BENEFIT CERTIFICATION

Each Offeror shall check one of the following:

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

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

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

3. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

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

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

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

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

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

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

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

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

(1) through (a) (3) above:

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

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

(a) (3) above; and

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

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

4. TYPE OF BUSINESS ORGANIZATION

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

5. PAYMENT IDENTIFICATION NO.

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

Please list below applicable vendor information:

Federal Tax Identification Number: ___________________________________________

Or Social Security Number: ____________________________________________

Dun and Bradstreet Number: _____________________________________________

Legal Name of Entity Assigned this Number: ___________________________________

Street Address and/or Mailing Address: _______________________________________

City, State, and Zip Code: __________________________________________________

Type of Business: _________________________________________________________

Telephone Number: _______________________________________________________

Fax Number: _______________________________________________________

PAYMENTS UNDER TERMS OF ANY CONTRACT RESULTING FROM THIS

SOLICITATION WILL BE HELD IN ABEYANCE PENDING RECEIPT OF A VALID

FEDERAL TAX IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER.

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

B.1 The Family Court of the Superior Court of the District of Columbia is seeking proposals for the establishment and operation of a Child Welfare Clinic in the Family Court. The Clinic will be established to provide quality representation for indigent families in child abuse and neglect cases initiated by the government in Family Court. D.C. Code § 16- 2304 requires the court to appoint attorneys for parents, guardians, or custodians of children named in a neglect petition or in a motion to terminate parental rights.

B.2 The offeror shall submit a price for the services specified below and in accordance with

Section C, Scope of Services, of this Request For Proposals (RFP).

B.3 BASE YEAR CONTRACT PRICE:

Description Quantity Unit Unit Total Price Price

Child Welfare 12 month $_______ $_________ Clinic

(See also Section L.3)

B.3.1 OPTION YEAR 1 CONTRACT PRICE

Child Welfare 12 month $_______ $_________ Clinic

B.3.2 OPTION YEAR 2 CONTRACT PRICE

Child Welfare 12 month $_______ $_________ Clinic

B.3.3 OPTION YEAR 3 CONTRACT PRICE

Child Welfare 12 month $_______ $_________ Clinic

B.3.4 OPTION YEAR 4 CONTRACT PRICE

Child Welfare 12 month $_______ $_________ Clinic

(See also Section L.3)

B.4 BACKGROUND/GENERAL

B.4.1 The Family Court of the Superior Court of the District of Columbia is seeking proposals for the establishment and operation of a child welfare clinic in the Family Court.

Funding for the operation of the clinic is available through a Department of Health and Human Services Court Improvement Project Grant.

B.4.2 The Clinic will be established to provide quality representation for indigent families in child abuse and neglect cases initiated by the government in Family Court.

D.C. Code § 16-2304 requires the court to appoint attorneys for parents, guardians, or custodians of children named in a neglect petition or in a motion to terminate parental rights. The law also requires that the court appoint attorneys to act as guardians ad litem for children involved in child neglect or termination of parental rights proceedings. In some cases, attorneys are appointed for other persons who have served as caretakers for children named in neglect cases based upon specific factual and statutory criteria. When the adult party entitled to an attorney is determined to qualify as indigent, the court is responsible for appointing and paying an attorney for the party. Attorneys seeking appointments pursuant to D.C. Code § 16-2304 must meet specific standards to be placed on a list of attorneys eligible to represent clients in child welfare cases.

B.4.3 As part of the Family Court’s ongoing initiative to improve representation for children and families, new initiatives, improved training opportunities and additional resources for attorneys serving as guardians ad litem have enhanced the quality of representation. In furtherance of the Court’s mission, it is necessary to focus on improvements that address the quality of representation by parents’ attorneys. As a result of the stringent timelines the Adoption and Safe Families Act (ASFA) has imposed on parents who want to reunify with their children, parents who do not participate in neglect cases concerning their children may have their parental rights terminated within a relatively short period of time.

The need to engage fathers early in the proceedings is especially urgent because traditionally there has been less effort made in reaching out to fathers. A father’s attorney can be instrumental in helping a father become a positive resource for his child.

B.4.4 The establishment and operation of a legal clinic specializing in child welfare law to provide representation to indigent parents will assist the Superior Court in improving the quality of the legal representation provided to indigent parents. By creating a new and well-educated and informed group of advocates, the program will provide a much-needed service to the community. Ultimately, it is hoped that this program will generate interest in pursuing the practice of child welfare law after graduation and increase the number of lawyers qualified to represent parties in child welfare cases.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 The Court seeks the establishment and operation of a fully functional legal clinic to train and supervise law students who represent parents in child abuse and neglect cases in the Family Court of the D.C. Superior Court. Client representation will be provided by qualified student attorneys supervised by a supervising attorney in accordance with D.C.

Court of Appeals Rule 48 and Superior Court Family Rule M. Overall responsibility for the management of the legal clinic will rest with the law school. The Supervising Attorney shall have at least two (2) years of experience in the area of Child Welfare Law.

C.2 The law school has the following responsibilities:

C.2.1 Develop a curriculum to train the law students in the law and practice applicable to child welfare cases in D.C. Superior Court.

C.2.2 Provide ongoing training to law students who participate in the Clinic and award law school credits for successful completion of the Clinic.

C.2.3 Ensure the students are sufficiently prepared and knowledgeable before they accept an appointment.

C.2.4 Comply with the law student practice rules applicable to practice in the Family Court of the D.C. Superior Court.

C.2.5 Provide legal malpractice insurance to cover the acts and omissions of the Clinic participants.

C.2.6 Provide legal representation from the time that a case is assigned until the time the case is completed in court. This will include covering cases when the law student practitioner is not available. Students shall be assigned to a specific case or cases. Changes in the assignment of the supervising attorney providing representation shall not be made without notice to the Superior Court.

C.2.7 Institute a system to ensure that there are no ethical conflicts when accepting clients for representation.

C.2.8 Comply with the Child Abuse and Neglect (CCAN) Attorney Practice Standards, the

District of Columbia Rules of Professional Conduct, and all statutes and rules applicable to practice in the D.C. Superior Court.

C.2.9 Provide to the CCAN office up-to-date contact information for the attorneys and students who will be providing representation in child abuse and neglect cases.

C.2.10 Ensure that all aspects of the law students performance are closely supervised on an ongoing basis by the supervisory attorney.

C.3 The Superior Court has the following responsibilities:

C.3.1 Review the curriculum developed by the law school to ensure compliance with the

Superior Court Child Abuse and Neglect Attorney Practice Standards.

C.3.2 Provide the necessary information and orientation to the law students and the law school staff who will be participating in the Clinic.

C.3.3 Screen and assign cases to the Clinic based on the needs of the Superior Court to provide representation to parents in child abuse and neglect cases.

C.3.4 Notify the Clinic of case assignments.

C.3.5 Provide a copy of the initial neglect complaint and attorney appointment order to the

Clinic on the day of the initial hearing in the neglect case.

C.3.6 Retain the right to choose whether a case is assigned to the Clinic and to decide whether the Clinic, once assigned, should be removed from a case in the same manner as it could for any attorney.

C.3.7 Provide to the Clinic the same information on training events and new court procedures as is provided to CCAN Panel attorneys.

PART 1

SECTION D - PACKAGING AND MARKING

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 (1) establishment and operation of a fully functional legal clinic to train and supervise law students who represent parents in child abuse and neglect cases in the Family Court; and (2) supervision provided by the Supervisory attorney.

(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 term of the contract shall be for one year. The anticipated start date is

August 1, 2017.

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

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

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

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

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

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

F.3 Deliverables:

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

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

F.3.1 Provide Quarterly Reports to the court regarding the status of the Clinic, the number of cases assigned, the number of students participating, the number of hours students devote to clinic cases, the identity of supervising attorneys, and other relevant information as required by the Court. The reports shall be submitted within five (5) business days after each quarter.

SECTION G -CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices.

G.1.1 The Contractor shall be compensated on a monthly basis at one twelfth (1/12) of the total contract price.

G.1.2 The Contractor shall prepare monthly invoices in duplicate and submit them to the payment office specified in Section G.2, below. 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 proper invoices.

G.1.3 At a minimum, to constitute a proper invoice, the Contractor's invoice shall include the following information:

a. Name and address of the Contractor;

b. The contract number and Contract Order number;

c. Invoice date;

d. Description, quantity, unit of measure, and extended price of the services or supplies actually rendered;

e. Date the services or supplies were rendered;

f. Shipping & payment terms;

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

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

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

and

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

G.1.4 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.8 - District of

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

G.2 Payment Office

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

Branch Chief Financial Operations Branch Budget and Finance Division District of Columbia Courts 500 Indiana Avenue, N.W.

Washington, D.C. 20001

E-mail: Accountingbranch@dcsc.gov 202-879-0473

G.3 Billing/Payment Certification

G.3.1 Payment to the Contractor for services satisfactorily performed shall be made by the Courts once the Contractor’s certified invoice has been approved by the COTR, or in the case of a dispute, subject to final determination by the Contracting Officer.

G.4 Audits

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

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

G.5 Contracting Officer and Contracting Officer’s Technical Representative

(COTR)

G.5.1 Contracting Officer. The District of Columbia Courts’ Contracting Officer who has the appropriate contracting authority is the only Courts official authorized to contractually bind the Courts through signing contract documents. All correspondence to the Contracting Officer shall be forwarded to:

A. Louis W. Parker

Administrative Officer Administrative Services Division District of Columbia Courts 616 H Street, N.W., Suite 622 Washington, D.C. 20001 mailto:Accountingbranch@dcsc.gov

G.5.2 Contracting Officer’s Technical Representatives (COTRs): The Courts have designated two (2) COTRs who will be 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 COTRs are responsible for the day-to-day monitoring and supervision of the contract. The two COTRs shall be:

A. Despina Belle-Isle, Court Improvement Program Director Lead Attorney Advisor Room JM-010 D.C. Superior Court 500 Indiana Avenue, NW Washington DC 20001

(202) 879-4621

B. Kimberley Cruz CCAN Branch Chief and Attorney Advisor, Court Improvement Program Room 4415 D.C. Superior Court 500 Indiana Avenue, NW Washington DC 20001

(202) 879-1301

G.6 Authorized Representative of the Contracting Officer.

G.6.1 The COTRs 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 COTRs shall not have authority to make changes in the scope or terms and conditions of the contract.

G.6.2 THE RESULTANT CONTRACTOR IS HEREBY FOREWARNED THAT

ABSENT THE REQUISITE AUTHORITY OF THE COTRs TO MAKE

ANY SUCH CHANGES, CONTRACTOR MAY BE HELD FULLY

RESPONSIBLE FOR ANY CHANGES NOT AUTHORIZED IN

ADVANCE, IN WRITING, BY THE CONTRACTING OFFICER, MAY BE

DENIED COMPENSATION OR OTHER RELIEF FOR ANY

ADDITIONAL WORK PERFORMED THAT IS NOT SO AUTHORIZED,

AND MAY BE ALSO BE REQUIRED, AT NO ADDITIONAL COST TO

THE COURTS, TO TAKE ALL CORRECTIVE ACTION

NECESSITATED BY REASON OF THE UNAUTHORIZED CHANGES.

SECTION H - SPECIAL CONTRACTS REQUIREMENTS

H.1 Other Contractors

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

H.2 Disclosure of Information

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

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

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

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

H.3 Rights in Data

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

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

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

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

The Offeror hereby acknowledges that all data produced by the Offeror for the process, are works made for hire and are the sole property of the District of Columbia Courts; but, to the extent any such data may not, by operation of law, be works made for hire, the Contractor shall transfer and assign to the Courts the ownership of copyright in works, whether published or unpublished. Further, the Contractor agrees to give the Courts all assistance reasonably necessary to perfect such rights, including but not limited to the works and supporting documentation and the execution of any instrument required to register copyrights. The Contractor agrees not to assert any rights at common law or in equity in such data.

The Contractor shall not publish or reproduce such data in whole or in any manner or form, authorize others to do so, without written consent of the District of Columbia Courts until such time as the Courts may release such data to the public domain. The Courts shall not unreasonably withhold consent to the Offeror's request to publish or reproduce data in professional or public relations trade publications.

H.4 Security Requirements

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

H.5 Publicity

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

PART II

SECTION I - CONTRACT CLAUSES

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

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

I.2 Restriction On Disclosure and Use of Data

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

I.3 Ethics in Public Contracting

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

I.4 Disputes

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

I.5 Laws and Regulations

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

I.6 Non-Discrimination

The Contractor agrees that it will comply with the nondiscrimination requirements set forth in D.C. Code, Section 2-1402.11(2001) which will be incorporated into any contract awarded. The Contractor agrees to comply with requests from the Courts to support the Contractor's adherence to this section.

I.7 Examination of Books and Records

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

I.8 Record Keeping

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

I.9 Subcontracts

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

I.10 Protest

I.10.1 Any aggrieved person may protest this solicitation, award or proposed contract award in accordance with Chapter 8 of the Procurement Guidelines of the District of Columbia Courts. Protest shall be filed in writing, within ten (10) working days after the basis of the protest is known (or should have been known), whichever is earlier with the Contracting Officer at:

Administrative Officer

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

Facsimile Number: (202) 879-2835

I.10.2 A protest shall include the following:

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

I.10.2.2 solicitation or contract number;

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

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

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

I.11 Insurance

I.11.1 General Requirements

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

I.11.1.1 Automobile Liability Insurance

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

I.11.1.2 Workers’ Compensation Insurance

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

I.11.1.3 Legal Malpractice Insurance

The Contractor shall provide legal malpractice insurance to cover the acts and omissions of the Clinic participants.

I.11.1.4 Employer’s Liability Insurance

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

I.11.2 Duration

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

I.11.3 Liability

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

HOWEVER THE REQUIRED MINIMUM INSURANCE

REQUIREMENTS WILL IN NO WAY LIMIT THE CONTRACTOR’S

LIABILITY UNDER THIS CONTRACT.

I.11.4 Measure Of Payment

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

I.11.5 Notification

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

I.11.6 Certificates Of Insurance

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

Reginald Ramdat

Contract Specialist 616 H Street, N.W.

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

I.11.7 Disclosure Of Information

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

I.12 Cancellation Ceiling

I.12.1 In the event of cancellation of the contract because of nonappropriation 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.

mailto:ramdatrn@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 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 of a Drug Free Work Place

J.8 District of Columbia Courts Release of Claims

J.9 Past Performance Evaluation Form

PART IV

REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF OFFERORS

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 an Offeror/contractor that has no more than one employee including the Offeror/contractor.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

K.1.3 By submission of its offer, the Offeror, if an individual who is making an offer of any dollar value, certifies and agrees that the Offeror 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 Offeror to provide the certification required by paragraphs K.1.2 or

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

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

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

K.1.6 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE

Print Name of Authorized Title

Representative

Signature of Authorized Representative

PART V

REPRESENTATIONS AND INSTRUCTIONS

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 Proposal Submission and Identification

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

L.1.2 Proposals shall be submitted in a sealed proposal package. The Offeror shall conspicuously mark on the outside of the proposal package the name and address of the Offeror and the following:

Solicitation Number: DCSC-17-RP-0054 Caption: “The Establishment & Operation of a Child Welfare Legal Clinic” Proposal Due Date & Time: June 23, 2017 No later than 3:00 P.M.

L.1.4 Offerors may submit Proposals either by mail or by hand delivery/courier services.

L.1.4.1 Offerors submitting their proposals by mail must mail their proposals to the following address:

District of Columbia Courts

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

L.1.4.2 Offerors submitting their proposals by hand delivery/courier services must hand deliver their proposals to the following address:

District of Columbia Courts

Procurement and Contracts Branch

Attn: Reginald Ramdat, Contract Specialist 701 7th Street, N.W., Suite 612 Washington, D.C. 20001

L.2 Proposal Information and Format

L.2.1 At a minimum, each proposal submitted in response to this RFP shall include sections, as set forth below, which address the approach for the work described in Section "C" - Description/Specifications/Work Statement. The proposal 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 Offeror and its key personnel. Failure to address adequately any of these areas may result in the proposal being eliminated from consideration for award.

L.2.2 Proposals shall be prepared simply and economically, providing a straightforward, concise delineation of Offeror’s capabilities to satisfy the requirements of this RFP. Fancy bindings and colored displays or promotional material are not desired or preferred, but pages must be numbered. The proposal shall be prepared in two volumes. These shall be submitted in loose-leaf, three-ring notebooks for each copy of Volume I – Technical Proposal, and for each copy of Volume II - Price Proposal. See also, Clause L.3 – Price Proposal.

L.2.2.1 Volume I - Technical Proposal shall comprise the following tabs and information:

Tab A

General Information

1. Whether the Offeror is a corporation, joint venture, partnership

(including type of partnership) or individual.

2. Ownership structure.

3. Ownership by foreign corporation with an interest exceeding five

(5) percent.

4. Articles of incorporation, partnership or joint venture agreement.

5. Copy of any current license, permit, registration or certification to transact business in the District of Columbia, if required by law to obtain such license, permit, registration or certification.

6. If the Offeror is a partnership or joint venture, names of general partners or joint ventures, and copies of any joint venture or teaming agreements.

7. Name, address, and current phone number of Offeror’s contact person.

Tab B

Technical Approach

1. A logical approach/plan to fulfilling the Statement of Work requirements of the RFP.

Tab C

Experience of Firm and Project Team

1. Offer shall describe the knowledge and experience of the firm/organization, principals and key personnel in program design and operation of a Child Welfare Clinic which meets the requirements of the Statement of Work. (Offeror shall include resumes of key project staff).

Tab D

Disclosures

1. Disclosure details of any legal action or litigation past or pending against the Offeror.

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

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

L.2.2.2 Volume II – Price Proposal shall comprise the following tabs:

Tab A

Price Information -detailed price breakdown of all price (See also, clause

L.3)

Contractual Information – all other required information as specified in

Clause L.12

L.2.2.3 Each Offeror shall submit one completed copy of the RFP, one (1) original and three (3) copies of the Technical Proposal, and three (3) separately bound copies of the Price Proposal. Each proposal shall be properly indexed and include all information requested in the RFP.

L.3 Price Proposal

L.3.1 A separately bound price proposal must be submitted using the format provided in

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

L.4 Proposal Submission Date and Time, Late Submission, Modifications and

Withdrawals

L.4.1 Proposals shall be submitted no later than the date and time specified in the solicitation. Proposals, modifications to proposals, or requests for withdrawal that are received in the designated Courts office after the exact local time specified above, are "late" and shall be considered only if they are received before the award is made and one (1) or more of the following circumstances apply:

L.4.1.1 The proposal or modification was sent by registered or certified mail no later than the fifth (5th) calendar day before the date specified for receipt of offers;

L.4.1.2 The proposal or modification was sent by mail and it is determined by the

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

L.4.1.3 The proposal is the only proposal received.

L.4.2 The only acceptable evidence to establish the date of a late proposal, late modification or late withdrawal sent either by registered or certified mail shall be a U.S. or Canadian Postal Service postmark on the wrapper or on the original receipt from the U.S. or Canadian Postal Service. If neither postmark shows a legible date, the proposal, modification or withdrawal shall be deemed to have been mailed late. When the postmark shows the date but not the hour, the time is presumed to be the last minute of the date shown. If no date is shown in the postmark, the proposal shall be considered late unless the Offeror can furnish evidence from the postal authorities of timely mailing.

L.4.3 A late proposal, late request for modification or late request for withdrawal shall not be considered, except as provided in this section.

L.4.4 A late modification of a successful proposal which makes its terms more favorable to the Courts shall be considered at any time it is received and may be accepted.

L.4.5 A late proposal, late modification or late withdrawal of offer that is not considered shall be held unopened, unless opened for…