SolicitationNo._DCSC-18-RFP-0024_-_Solicitation_Preparation_and_Source_Selection_Services_for_DCC_CMS.PDF

DISTRICT OF COLUMBIA COURTS

SOLICITATION, OFFER AND AWARD

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: December 28, 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: January 12, 2018

SOLICITATION NUMBER: DCSC-18-RFP-0024 CLOSING TIME: 2:00 P.M, EST.

OFFER/BID FOR: Solicitation Preparation and Source Selection Services for D.C. Courts Case Management System 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 21 X B Supplies or Services & Price /Cost 3 X I Contract Clauses 23 X C Description/Specs. Work Statement 4 X J List of Attachments 31

D Packaging and Marking 13 X K Representation Certificates 32 X E Inspection and Acceptance 14 X L Instructions, Conditions, Notices 35 X F Deliveries and Performance 15 X M Evaluation Factors for Award 47 X G Contract Administration Data 17

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 ―AWARDǁ below, this offer and the provisions of the RFP/IFB will constitute a Formal Contract.

Name:

Street:

City, State:

Zip Code:

Area Code & Telephone Number:

OFFEROR Name and title of Person Authorized to Sign Offer:

(Type or Print)

Signature

(Seal)

Date:

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

Solicitation Number: DCSC-18-RFP-0024

All written communications regarding this solicitation should be addressed to the Contracting Officer at the mailing address listed on page 1. All communications should be directed by email to Françoise Brent, Contract Specialist at Francoise.Brent@DCSC.Gov

The prospective Offerors shall submit questions no later than 2:00 p.m., EST on January 8, 2018. The Courts will not consider any questions received after 2:00 p.m., EST on January 8, 2018. Written questions and inquires should be submitted by email to Françoise Brent, Contract Specialist at Francoise.Brent@DCSC.Gov .

This solicitation is an OPEN MARKET procurement.

1. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NO.

DATE AMENDMENT

DATE

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

PART I

SECTION B – SUPPLIES OR SERVICES AND PRICE/COST

B.1 The District of Columbia Courts (the Courts), a unified multi-jurisdictional judicial system, is seeking a qualified Contractor to assist with contract pre-award activities associated with the development of the solicitation and source selection services for a comprehensive integrated legal case management system (see Section C for detailed description). The Courts intend to award a firm-fixed price contract.

B.2 The Contractor shall submit a price for the products and services specified below in Section B.4.

B.3 CONTRACT PERIOD

B.3.1 The term of the contract shall expire no later than September 30, 2018. The contract period shall commence from the date of award. The date of award shall be from the date of the Contracting Officer‘s signature.

B.4 PRICE/COST

SCHEDULE

Table B.4.1 – Period of Performance (Date of Contract Award to September 30, 2018)

CLIN # CLIN Description Total Price

Requirements Validation and Request for Proposal (RFP) Development for Court Case Management System

Source Selection Services and Support for Court Case Management System Solicitation Award (See Section C.3 – Scope of Work)

Total Price $

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Introduction C.1.1 The District of Columbia Courts (the Courts), a unified multi-jurisdictional judicial system, is seeking proposals from qualified vendors to develop, write and submit for the Court’s approval a solicitation/Request For Proposal (RFP) to replace its Superior Court’s current legacy Case Management System (CMS) with a full featured state-of-the-art Integrated Superior Court Case Management System (CMS). The selected Contractor is expected to apply an understanding of the Courts’ operating environment, demands, limitations and opportunities in order to draft a unique, tailored RFP for a CMS that is the best fit for the Courts. The Contractor will also assist the Courts in the source selection process.

C.1.2 In the fiscal year 2017, the IT Division’s Program Management Office worked with the Superior Court operating divisions in collecting current and future case management requirements. Approximately 300 Functional and Technical Requirements were captured and documented across the operating divisions. Based on these requirements, the Courts issued a Request for Information (RFI) in May 2017. It is the Courts intent to share this preliminary requirements document, the RFI as well as RFI responses with the selected Contractor as well as other historical RFP artifacts for potential inclusion in the Courts’ CMS Request for Proposal solicitation.

C.2 Overview of the District of Columbia Courts

C.2.1 As the Judicial Branch of the District of Columbia (D.C.) Government, the District of Columbia Courts (the Courts) are a fully unified, large urban court system with over 120 active, full-time judges and approximately 1,200 court employees.

C.2.2 The Courts, the judicial branch of the District of Columbia government, is comprised of the Court of Appeals (DCCA), the highest court of the Courts;

the Superior Court of the District of Columbia (DCSC), a trial court with general jurisdiction over virtually all local legal matters; and the Court System, which provides administrative support functions for both Courts.

Its mission is to protect rights and liberties, uphold and interpret the law, and resolve disputes peacefully, fairly and effectively in the nation's capital.

The Courts’ mission and its operations rely heavily on information technology (IT), and the organization‘s dependence on technology will continue into the future.

C.2.3 The Superior Court has five major operating divisions which process civil, criminal, domestic violence, family, probate and tax cases. The Court also operates the juvenile probation function for the District of Columbia, mediation programs and a Crime Victims Compensation Program, which provides financial assistance to victims of violent crime and their families.

In 2016 the DCSC processed approximately 90,000 new case filings while disposing of more than 130,000 cases. In the same period, approximately 1,300 new appeals matters were filed with the DCCA and 1,500 dispositions recorded.

C.2.4 DCSC currently utilizes a client-server Commercial-Off-The-Shelf (COTS) case management system application, CourtView2, licensed from CourtView Justice Solutions, Inc. The CourtView2 application is a comprehensive case management system that stores and tracks all the activities in a case life cycle for all case types including family, civil, criminal, domestic violence, probate and tax matters. On the back-end, CourtView runs on an Oracle database, while the application and user interface layers utilize a proprietary developed solution. Additionally, the CourtView application incorporates a document management and imaging workflow solution – OnBase (a COTS document management system that is tightly integrated with CourtView), relying on a relational database as well as file system.

C.2.5 DCSC offers electronic filing to attorneys, select government and agency partners and litigants through its efiling program with File&ServeXpress (FSX). Integration between the FSX CaseFileXpress efiling portal and the CourtView2 system is in place to facilitate electronic transaction exchange between the two systems.

C.2.6 DCCA uses the C-Track as its case management system, which is a COTS product developed by Thompson Reuters. The C-Track CMS includes a fully-integrated electronic filing capability. The DCCA’s electronic filing solution does not require the use of an Electronic Filing Manager organization. DCCA and DCSC share a desire to enhance the existing interface efforts between the two case management systems going forward.

C.2.7 To enable electronic data exchange with other systems the CourtView2 application utilizes an open standards Enterprise Service Bus (ESB) platform to communicate between disparate justice applications via a variety of protocols including web services, JMS based message queues, Java database connectivity, TCP/IP socket communication, and traditional file transfer protocol (FTP). While the majority of the D.C. Courts filing volume takes place physically at the Court, electronic data exchange is vital to the Court achieving its overall mission.

C.2.8 The Court System provides business support services, including, but not limited to, capital projects, facilities management, budget and finance, administrative services, human resources, legal counsel, training, planning, strategic management, research and development, court reporting, and information technology.

C.2.9 The Information Technology Division (ITD) is comprised of the Office of the Chief Information Officer (OCIO), Program Management Office (PMO), IT Service Desk, Customer Services Branch, Business Analysis Branch, Server Storage Branch, Network Telecom Branch, Production Support Branch, Applications Development Branch, Central Recording Branch, Courtroom Technology Branch and Information Security Branch.

The IT Division supports the Courts’ network infrastructure, applications, desktops/laptop PCs and peripherals; and provides technology services and guidance to the Courts’ community. In addition to supporting day-to-day operations for the Courts, ITD’s Program Management Office (PMO) is responsible for overseeing projects related to the DCSC case management and other supporting systems as well as a diverse Business Analyst (BA) team comprised of individuals responsible for configuration and user support. The BA team also maintains a data warehousing/business intelligence reporting presence. ITD is also responsible for supporting the CourtSmart secured digital audio recording system, which is used to create a verbatim record by which the Courts official transcripts are created. The CourtSmart software uses a set of Microsoft SQL Server databases and can be integrated with case management systems or other applications.

C.2.10 Other systems supported by ITD include a Juror Management System, Web Voucher System, and several internally-created business improvement applications using the Oracle Applications Express (APEX) platform such as a system to assist the customer check-in process in several business areas throughout the Courts.

C.3 Scope of Work

C.3.1 The core scope of work for the RFP development solution is as follows:

Table C.3.1

Case Management RFP Development Core Scope of

Work

1.0 Requirements Validation

1.1 The Contractor shall review, verify and validate the

Courts existing CMS requirements documentation and amend findings in a revised CMS requirements document that shall be re-organized into categories and revised for better understanding. All relevant information from the revised CMS requirements document shall be incorporated in the proposed RFP.

1.2 The Contractor shall review the D.C. Courts (the

Courts) business areas Case Management Plans and Standard Operating Procedures to learn the Courts’ current business processes for each division.

1.3 The Contractor shall validate the revised CMS

requirements against the Courts’ current operating models, process flows, organizational structure and strategic vision.

1.4 The Contractor shall identify Business Process

improvement opportunities and provide process enhancement recommendations.

1.5 The Contractor shall facilitate stakeholder sessions to elicit, validate, and document case management requirements.

1.6 The Contractor shall structure use cases and user

stories to illustrate requirements as necessary.

1.7 The Contractor shall configure Rational ReqPro

project and enter requirements into ReqPro application. Note: the Courts are in the process of migrating to Rational Door requirements management platform

1.8 The Contractor shall generate a Requirements

Traceability Matrix from Rational ReqPro or

DOORS.

2.0 RFP Development

2.1 The Contractor shall survey and assess the current

CMS marketplace, other trial Court CMS solicitations and incorporate relevant findings into proposed RFP.

2.2 The Contractor shall develop a comprehensive RFP, including, but not limited to, the sections of introduction, background, scope with CMS functional requirements, user stories, data conversion requirements, high availability requirements, technical environment, and project management requirements.

2.3 The Contractor shall attend weekly and monthly

meetings, briefs, and justify proposed RFP to the Courts’ senior management team as required for project approval.

2.4 The Contractor shall develop a formal source

selection plan, which outlines the evaluation factors that will be used when awarding the bid, criteria used to assign risk or for pass/fail, and who is responsible for evaluating each factor.

2.5 The Contractor shall assist with the identification of

vendors to receive the RFP, validate past performance claims and compile findings to support selection process.

2.6 The Contractor shall collect, organize and make

recommendations regarding comments received during review of proposed RFP.

2.7 As part of the Courts’ Source Selection Evaluation

Board review process, the Contractor shall provide written expert review and assessment of responses received, focused on the degree to which the proposed system meets the need defined in the RFP, the appropriateness of the proposed solution to the unique demands and opportunities of the Courts’ and its CMS.

3.0 Project Plan Development

3.1 The Contractor shall develop a comprehensive

“Project Plan” that encompasses all major project activities. The Project Plan shall be submitted to the Courts within two weeks of the date of contract award.

3.2 As part of the Project Plan, the Contractor shall

provide a work breakdown structure (WBS) that identifies all tasks by designated phases in the project life cycle. The WBS shall be in Microsoft Project Version 7 or earlier and PDF formats.

3.3 As part of the Project Plan, the Contractor shall

provide a Communications Plan that describes the methods of communication, timing of communications, and the target audience concerning the contributions, commitments, and challenges for the project.

3.4 As part of the Project Plan, the Contractor shall

provide a Change Management Plan that describes the change procedures that shall be used in situations where a change occurs to the project as defined in the Statement of Work.

3.5 As part of the Project Plan, the Contractor shall

provide a Risk Management Plan that defines risk(s) and mitigation strategies.

C.4 D.C. Courts Technical Environment

C.4.1 The D.C. Courts (the Courts) enterprise architecture consists of components maintained at its E Street Data Center, as well as a disaster recovery location outside of the District of Columbia, and it’s recently established Microsoft Azure Government Cloud environment. While the majority of systems and applications reside on HP blade servers running Windows 2016 Servers within the primary Data Center, the Court’s long term strategy involves migrating applications to its secure Cloud presence. Given the personal identifier information (PII) the Courts handle as part of the case management process, data security is critical to the Courts overall security posture.

C.4.2 The Information Technology Division (ITD) is in the process of achieving compliance with the Federal Information Security Management Act (FISMA) following the NIST 800-53 guidelines. Therefore, all systems under consideration for hosting in the Cloud must demonstrate the appropriate FedRAMP framework and controls are in place for the Courts to issue an authority to operate (ATO) directive. Additionally, all future system procurements call for conformance with Section 508 of the American Disabilities Act as well as the Payment Card Industry (PCI) standards, if credit or debit card processing is involved.

C.4.3 The Courts’ enterprise storage is hosted on NetApp appliances while user authentication and policy control utilize Microsoft Active Directory Federation Services. While their main applications and CMS systems are using Enterprise Oracle Database, the Courts are currently supporting Microsoft SQL Server for some applications. The current release for each is Oracle 12c and Microsoft SQL Server 2008, 2012. The Court’s Data Warehousing and Business Intelligence environment (Oracle OBIEE 11g, 12c, Oracle ODI 12c) captures data from the majority of the Courts systems including the DCCA and DCSC case management systems, financial accounting systems, and internally-developed applications using JAVA as well as the Oracle APEX platforms. Using this data to satisfy operational data analysis, forecast, as well as statistical reporting requirements is key to the Courts’ decision-making process and to meeting internal and external stakeholder transparency expectations.

C.4.4 ITD is committed to providing the Courts with a technical environment that minimizes disruptions by providing technology continuity through redundant or fault-tolerant components. This high availability and disaster recovery design is to ensure that the Courts remain operational even though critical parts of the IT environment may no longer be available. To that end, ITD is in the process of being able to switch over all Tier 1 applications, which includes the DCSC case management, to an alternative environment within 30 minutes or less of a system failure within the primary data center.

C.4.5 The main Courts’ campus is comprised of six (6) separate buildings that are connected by 10 GB fiber optic. In addition to these buildings there are seven (7) satellite offices located throughout the city that are connected to the Courts’ local area network (LAN) via 100MB TLS. WIFI capability is offered in all locations throughout the campus buildings.

C.4.6 The majority of the Courts’ statistical, analytical and operational reporting requirements are satisfied through the DCC’s Business Intelligence (BI) capability. The objective of the DCC BI effort is to provide judicial officers, division directors and senior management with performance measures and caseload measures, ad-hoc reporting, dashboards, KPI’s, monthly / yearly trends and scorecards using enterprise data warehouse and reporting tools.

The BI system utilizes extract, load and transform (ELT) to transfer data from source databases such as CourtView and loads data into a staging environment, after which it is transformed into dimensions and facts in the warehouse for end user analysis.

C.4.7 Additional relevant information on the District of Columbia Courts including previous Integrated Case Management System solicitations can be accessed through the following link:

https://www.dccourts.gov/about/procurement-contracts-branch

C.4.7.1 Attachment J-11: IJIS Integrated Case Management System Request for Proposal 2002

C.4.7.2 Attachment J.12 Integrated Case Management System Request for Information 2017

C.5 Proposal Response Format

C.5.1 Prospective Offerors are encouraged to be thorough but concise. All responses must include, but are not limited to the following:

C.5.1.1 Provide a brief description of company’s history and experience with software requirements identification and validation, development of formal solicitations, and assistance with review and award process.

C.5.1.2 A brief description of your firm’s history and experience with judicial/legal case management systems.

C.5.1.3 Provide a list of three (3) client references of similar services provided.

C.5.1.4 Provide proposed project scope of work.

C.5.1.5 For each of the main task (Requirement Validation, RFP Drafting and

Assembly, and Project Plan Development): 1.Identify the proposed methodology for accomplishing the task; 2. Explain why the proposed methodology is appropriate for the given task and the D.C. Courts’ environment; 3. Detail how the methodology will be tailored to meet the stated objectives /goals of this project.

C.5.1.6 Provide proposed project schedule.

C.5.1.7 Provide proposed project cost structure.

C.5.1.8 Identify location of office where management of the project will occur.

C.5.1.9 Identify all key Contractor personnel including experience level, education and training, and projected functional responsibility.

C.5.1.10 Provide your company’s financial condition to show the financial viability of the company (Dun & Bradstreet).

C.5.1.11 Company must be registered and active in the System for Award Management (SAM.Gov).

SECTION D – PACKAGING AND MARKING

(Not applicable to this procurement)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection of Services

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

E.1.2 Right to inspect and test all services: The District of Columbia Courts have the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The District of Columbia Courts shall perform inspections and test in a manner that shall not unduly delay the work.

E.1.3 Failure to perform promptly: If the Contractor fails to promptly perform the services in accordance with the Work Breakdown Structure or take the necessary action to ensure performance in conformity with the contract requirements, the District of Columbia Courts may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the District of Columbia Courts that is directly related to the performance of such service or (2) terminate the contract for default.

E.1.4 Correction of Non-Conformities. Correction of non-conformities revealed by review shall be performed by the Contractor before the Court’s acceptance of the Request For Proposal solution and at the price provided in the contract. No additional costs for making corrections to meet the requirements found deficient during review shall be allowed.

SECTION F – DELIVERIES AND PERFORMANCE

F.1 Term of Contract:

F.1.1 The term of the contract shall be from date of award of the contract to September 30, 2018. The date of award shall be the date the Contracting Officer signs the contract document.

F.2 Commencement of Work

F.2.1 The Contractor shall commence work on the date of contract award.

F.3 Deliverables:

F.3.1 All deliverables shall be in a form and manner acceptable to the Courts. The Contractor shall complete the tasks and provide to the Contracting Officer Technical Representative (COTR) the deliverables specified below within the designated and/or agreed upon time frames:

Table F.3.1 - Deliverables

Project Plan is due within fourteen (14) days of the Contract Award. Weekly project status meetings shall be documented and delivered within two (2) business days after the meeting.

CLIN Deliverable Format of Deliverable

Payment Due Date

To Whom

Amended and re-organized comprehensive CMS Requirements Document (post review and validation of current requirements documentation)

Word 2007 or 2013

10%

TBD

COTR

CMS requirements Rational ReqPro/Doors entries and Requirements Traceability Matrix

Document Use Cases/User Stories

MS Excel and ReqPro

15%

15%

Final CMS Request for Proposal Word 2007 40% 6/1/18 solicitation. or 2013

Source selection plan Word 2007 or 2013 10%

7/31/18

COTR

Vendor selection and Source Selection Evaluation Board recommendation document

Word 2007 or 2013

5% 8/31/18

Project Close-out Summary Report

Word 2007 or 2013

5% 9/30/18

SECTION G –CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices

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

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

G.2 Invoice Submittal

G.2.1 The Contractor shall submit proper invoices as specified in Section G.6. Invoices shall be prepared in duplicate and submitted to the Budget and Finance Division with concurrent copies to the COTR specified in Section G.9 below. The address of the Budget and Finance Division is:

Name: Accounting Supervisor Financial Operations Division District of Columbia Courts

616 H Street, NW th Floor, Suite 600 Washington, DC 20001

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

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

b. The contract number and Contract Order number;

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

d. Date the services or supplies were rendered;

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

Contracting Officer;

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

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

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

and

i. Authorized signature.

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

G.5 In addition, the Contractor shall complete Attachment J.8 – District of

Columbia Courts Release of Claims form and submit a copy with final invoice, and a duplicate copy to the Contracting Officer Technical Representative.

G.6 Payment

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 Contracting Officer’s Technical Representative (COTR), or in the case of a dispute, subject to final determination by the Contracting Officer.

G.7 Contracting Officer (CO)

G.7.1 The District of Columbia Superior Court Contracting Officer who has the appropriate contracting authority is the only Courts official authorized to contractually bind the Courts through signing contract documents. The contact information for the Contracting Officer is:

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

G.8 Authorized Changes by the Contracting Officer

G.8.1 The CO is the only person authorized to approve changes in any of the requirements of this contract.

G.8.2 The Contractor shall not comply with any order, directive or request that changes or modifies the requirements of this contract, unless issued in writing and signed by the

CO.

G.8.3 In the event the Contractor effects any change at the instruction or request of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any cost increase incurred as a result thereof.

G.9 Contracting Officer’s Technical Representative (COTR)

G.9.1 The COTR is responsible for general administration of the contract and advising the CO as to the Contractor‘s compliance or noncompliance with the contract. The COTR has the responsibility of ensuring the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in the contract. These include:

G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during the performance period and advising the CO of any potential problem areas under the contract;

G.9.1.2 Coordinating site entry for Contractor personnel, if applicable;

G.9.1.3 Reviewing invoices for completed work and recommending approval by the CO if the Contractor‘s costs are consistent with the negotiated amounts and progress is satisfactory and commensurate with the rate of expenditure;

G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This includes the timely processing of invoices and vouchers in accordance with the Courts payment provisions; and

G.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of inspections (site, data, equipment) and invoice or vouchers.

G.9.2 The address and telephone number of the COTR is:

NAME: Gregory Hale TITLE: IJIS Project Manager DIVISION: Information & Technology ADDRESS: 410 E Street, NW Washington, DC 20001 Telephone Number: 202-879-1109 and 202-359-0796 Email: Gregory.Hale@dcsc.gov

G.9.3 The COTR shall NOT have the authority to:

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

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

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

4. Authorize the expenditure of funds by the Contractor;

5. Change the period of performance; or

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

G.9.4 The Contractor will be fully responsible for any changes not authorized in advance, in writing, by the CO; may be denied compensation or other relief for any additional work performed that is not so authorized; and may also be required, at no additional cost to the Courts, to take all corrective action necessitated by reason of the unauthorized changes.

Questions Concerning This Solicitation Must Be Directed By Email To:

Françoise Brent Contract Specialist Administrative Services Division Procurement and Contracts Branch District of Columbia Courts 616 H Street, N.W., Suite 612

Francoise.Brent@dcsc.gov

SECTION H – SPECIAL CONTRACTS REQUIREMENTS

H.1 Department of Labor Wage Determination

The Contractor shall be bound by the Wage Determination No. 2015-4281, Revision No.

3, dated 04/08/2016, issued by the U.S. Department of Labor in accordance with the Service Contract Act, 41 U.S.C. §351 et seq., and incorporated herein as Section J.10.

The Contractor shall be bound by the wage rates for the term of the contract subject to revision as stated herein and in accordance with Section 27 of the D.C. Courts General Contract Provisions (J.1).

H.2 Publicity

The Contractor shall at all times obtain the prior written approval from the 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.

H.3 Disclosure of Information

H.3.1 Any information made available by the District of Columbia Courts shall be used only for the purposes of carrying out the provisions of this contract, and shall not be divulged nor made known in any manner to any person except as may be necessary in the performance of the contract.

H.3.2 In performance of this Contract, the Contractor agrees to assume responsibility for protection of the confidentiality of Courts records and that all work shall be performed under the supervision of the Contractor or the Contractor‘s responsible employees.

H.3.3 Each office or employee of the Contractor to whom information may be available or disclosed shall be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions.

H.3.4 No information regarding the Contractor‘s performance of the contract shall be disclosed by the Contractor to anyone other than the District of Columbia Courts officials unless written approval is obtained in advance from the Contracting Officer.

H.4 Security Requirements

H.4.1 The requirement for Contractor personnel to obtain a security clearance as designated by the Contracting Officer may arise per the District of Columbia Courts security policies and procedures. The District of Columbia Courts will notify the Contractor of all such requirements as soon as practicable.

H.5 Courts’ Responsibilities

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

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

H.6 Contractor Project Staff

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

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

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

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

SECTION I – CONTRACT CLAUSES

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

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

I.2 Contracts that Cross Fiscal Years

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

I.3 Confidentiality of Information

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

I.4 Time

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

I.5 Rights In Data

I.5.1 ―Data, as used herein, means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

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

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

I.5.3 The term ―Computer Software, as used herein means computer programs and computer databases. ―Computer Programs, as used herein means a series of instructions or statements in a form acceptable to a computer, designed to cause the computer to execute an operation or operations. “Computer Programs” include operating systems, assemblers, compilers, interpreters, data management systems, utility programs, sort merge programs, and automated data processing equipment maintenance diagnostic programs, as well as applications programs such as payroll, inventory control and engineering analysis programs. Computer programs may be either machine-dependent or machine-independent, and may be general purpose in nature or designed to satisfy the requirements of a particular user.

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

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

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

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

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

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

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

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

RESTRICTED RIGHTS LEGEND

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

(Insert Contractor‘s Name)

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

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

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

I.5.10 For all computer software furnished to the Courts with the rights specified in Section I.5.5, the Contractor shall furnish to the Courts, a copy of the source code with such rights of the scope specified in Section I.5.5. For all computer software furnished to the Courts with the restricted rights specified in Section I.5.6, the Courts, if the Contractor, either directly or through a successor or affiliate shall cease to provide the maintenance or warranty services provided the Courts under this contract or any paid-up maintenance agreement, or if Contractor should be declared bankrupt or insolvent by a court of competent jurisdiction, shall have the right to obtain, for its own and sole use only, a single copy of the then current version of the source code supplied under this contract, and a single copy of the documentation associated therewith, upon payment to the person in control of the source code the reasonable cost of making each copy.

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

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

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

I.6 Other Contractors

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

I.7 Subcontracts

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

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

I.8 Ethics in Public Contracting

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

I.9 Disputes

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

I.10 Laws and Regulations

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

I.11 Non-Discrimination

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

I.12 Examination of Books and Records

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

I.13 Record Keeping

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

I.14 Insurance

I.14.1 General Requirements: Prior to execution of the contract, the Contractor shall obtain at its own cost and expense and keep in force and effect during the term of this contract, including all extensions, the insurance specified below with an insurance company licensed or qualified to do business with the District of Columbia Courts. All insurance shall set forth the District of Columbia Courts as an additional insured. The Contractor shall ensure that all policies provide that the CO shall be given thirty

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

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

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

3. W orkers’ Compensation Insu ranc e. The Contractor shall provide Workers’ Compensation insurance in accordance with the statutory mandates of the Courts of Columbia or the jurisdiction in which the contract is performed.

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

I.14.2 Duration: The Contractor shall carry all required insurance until all contract work is accepted by the Courts, and 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.14.3 Liability: These are the required minimum insurance requirements established by the Courts. HOWEVER, THE REQUIRED MINIMUM INSURANCE

REQUIREMENTS PROVIDED ABOVE WILL NOT IN ANY WAY LIMIT THE

CONTRACTOR’S LIABILITY UNDER THIS CONTRACT.

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

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

I.14.6 Notification: The Contractor shall immediately provide the CO with written notice in the event that its insurance coverage has or will be substantially…