Solicitation_No__DCSC-18-RP-0001_-_Guardian_ad_Litem_(GAL)_(2).pdf

DISTRICT OF COLUMBIA COURTS

SOLICITATION, OFFER AND AWARD

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: 4/24/2017

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH OPENING DATE: ____________

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

WASHINGTON, D.C. 20001

CLOSING DATE: 5/24/2017

SOLICITATION NUMBER: DCSC-18-RP-0001 CLOSING TIME: 3:00 P.M.

OFFER/BID FOR: Guardian Ad Litem (GAL) Representation to Abused MARKET TYPE: OPEN and Neglected Children

TABLE OF CONTENTS

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

X A Solicitation/Offer/Award Form 1 X H Special Contract Requirements 19 X B Supplies or Services & Price /Cost 5 X I Contract Clauses 26 X C Description/Specs. Work Statement 9 X J List of Attachments 33 X D Packaging and Marking 12 X K Representation Certificates 34 X E Inspection and Acceptance 13 X L Instructions, Conditions, Notices 37 X F Deliveries and Performance 14 X M Evaluation Factors for Award 51 X G Contract Administration Data 16

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:

mailto:Reginald.Ramdat@dcsc.gov

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

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

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

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

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

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

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

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

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

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

(a) (3) above; and

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

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

4. TYPE OF BUSINESS ORGANIZATION

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

5. PAYMENT IDENTIFICATION NO.

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

Please list below applicable vendor information:

Federal Tax Identification Number: ___________________________________________

Or Social Security Number: ____________________________________________

Dun and Bradstreet Number: _____________________________________________

Legal Name of Entity Assigned this Number: ___________________________________

Street Address and/or Mailing Address: _______________________________________

City, State, and Zip Code: __________________________________________________

Type of Business: _________________________________________________________

Telephone Number: _______________________________________________________

Fax Number: _______________________________________________________

PAYMENTS UNDER TERMS OF ANY CONTRACT RESULTING FROM THIS

SOLICITATION WILL BE HELD IN ABEYANCE PENDING RECEIPT OF A VALID

FEDERAL TAX IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER.

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

B.1 The District of Columbia Courts are seeking a qualified Contractor to provide

Guardian ad litem (GAL) representation to abused and neglected children.

Offeror shall have a place of business located in the District of Columbia and its attorneys proposed to provide GAL shall be members of the bar of the District of Columbia. The prospective contractor is also expected to provide training and technical assistance that is necessary to improve the quality of GAL representation in the Family Court.

B.2 The offeror shall submit a price for the Base Year and all Option Years 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

Guardian ad litem 12 month $ $ Services

(See also Section L.2.10)

B.4 OPTION YEAR 1 CONTRACT PRICE

Guardian ad litem 12 month $ $ Services

B.5 OPTION YEAR 2 CONTRACT PRICE

Guardian ad litem 12 month $ $ Services

B.6 OPTION YEAR 3 CONTRACT PRICE

Guardian ad litem 12 month $ $ Services

B.7 OPTION YEAR 4 CONTRACT PRICE

Guardian ad litem 12 month $ $ Services

(See also Section L.2.10)

B.8 Introduction

The purpose of this Request for Proposals (RFP) is to provide the Superior Court of the District of Columbia with competitive proposals in order to select the most qualified, efficient and cost effective offeror of Guardian ad litem (GAL) representation to abused and neglected children. The prospective contractor is also expected to provide training and technical assistance that is necessary to improve the quality of GAL representation in the District of Columbia Family Court.

B.8.1 Proposals shall be considered for a program to provide GAL representation to 500 children involved in child abuse and neglect cases annually.

B.8.2 The proposal should express the offeror’s expertise with GAL representation, child welfare programs, adoption, guardianship, custody, child support, special education and domestic violence and the legal issues relevant to these areas.

B.9 Description of the Family Court

The Family Court of the Superior Court of the District of Columbia is responsible for hearing cases involving abused and neglected children. The mission of the Family Court is to protect and support children brought before it, strengthen families in trouble, provide permanency for children and decide disputes involving families fairly and expeditiously while treating all parties with dignity and respect. One of the Family Court’s goals is to make child safety and prompt permanency the primary considerations in decisions involving children. One of the steps that the Court has taken to ensure that children are safe and grow up in permanent families is to provide the highest possible standard of legal representation for children under the Court’s jurisdiction.

B.9.1 The organizing principle of the Family Court is a one family one judge requirement for cases and proceedings. The Family Court works with all court serving agencies, attorneys and divisions of the Superior Court to identify cases involving the same child or family members and to coordinate the resolution of all involved cases.

B.10 Additional Activities Expected of the Offeror

Offerors interested in this contract are expected to provide traditional legal services and to participate in programs related to Family Court operations. Below are examples of such activities.

B.11 Child Protection Mediation Program

The Family Court goal is to promote the use of Alternative Dispute Resolution (ADR) in appropriate cases involving children and families to resolve disputes in a non-adversarial manner and with the most effective means. ADR in the Family Court is provided through the Superior Court’s Multi-Door Dispute Resolution Division. ADR in the form of two-party and multi-party mediation is proving to be highly beneficial in the context of child abuse and neglect cases. The Court has mediated child abuse and neglect cases since implementing a pilot project in 1998. Under the Family Court Act of 2001, the Family Court has expanded the Child Protection Mediation Program to include all child abuse and neglect cases as long as it is consistent with the safety of the child and any other involved parties.

B.12 Family Treatment Court

This program consists of a specialized court within the Family Court dedicated to the particular needs of substance abusing parents of neglected children.

B.13 Collaborative Efforts

The Family Court goal is to encourage and promote collaboration among all participants in the child welfare system to develop better working relationships between the Court, child welfare agencies, schools, health care provider, service organizations and volunteers. As a result, the prospective contractor is expected to participate in system meetings that are intended to improve the services for children and families. For instance, the prospective contractor shall serve as a member of the Family Court Implementation Committee.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Legal Responsibilities

C.1.1 The Contractor shall ensure that all attorneys serving under the contemplated contract comply with the Superior Court of the District of Columbia Child Abuse and Neglect Attorney Practice Standards and any other standards adopted by the Court which relate to legal representation by attorneys handling abuse and neglect cases.

C.1.2 The Contractor shall fulfill a dual role, as a neutral fact finder for the judge and as a zealous advocate for the child’s best interests. The Contractor shall also monitor any related litigation concerning the child, which may impact on any pending abuse and neglect case.

C.1.3 The Contractor shall advocate for the child’s safety, well being and best interests.

In this role, the Contractor shall fulfill the following functions:

C.1.3.1 Act as an investigator whose task it is to discover all the relevant facts;

C.1.3.2 Advocate for the child being represented by bringing all relevant facts before the

Family Court at all court hearings;

C.1.3.3 Perform his/her duties as legal counsel whose task is to ensure the court has all available options before it at all stages of the proceedings, file appropriate pleadings and make legal arguments consistent with the child’s best interest; and

C.1.3.4 Act as the child’s guardian whose task is to ensure the child’s interests are fully protected.

C.1.4 To the extent practicable, the Contractor shall use the following criteria for determining what is in the child’s best interest. The criteria shall include, but not be limited to:

C.1.4.1 Interviews/observations and discussions based on the child’s developmental stage with the child in an environment familiar to the child;

C.1.4.2 A full and efficient investigation including interviews and consultation with the child’s caretakers, relatives, therapists, teachers, doctors, social workers and other service providers to assess the child’s circumstances;

C.1.4.3 Inquiries into all available placement and visitation alternatives; and

C.1.4.4 Investigations into available resources which may help to ameliorate issues affecting the child’s needs.

C.1.5 The Contractor shall take all steps to promote speedy permanence for the child, which shall generally mean attempting to reduce case delay, ensuring that the issue of reasonable efforts is raised at all hearings, and working with the District agency responsible for the care of the child to identify and provide appropriate services to the family and to find the child a permanent home.

C.1.6 The Contractor shall be responsible for ensuring that the child’s wishes are expressed to the court, even if these wishes differ from the Contractor’s representation of the child’s best interest.

C.1.7 The Contractor shall investigate and preserve tort claims pursuant to District of

Columbia Rules of Professional Conduct Legal Ethics Opinion 252. The Contractor shall ensure that any apparent and legitimate claims available to the child are explored and, when appropriate, retain or request that the court appoint counsel to institute administrative or court actions related to the claim.

C.1.8 The Contractor shall develop a program to provide GAL representation annually to 500 children involved in child abuse and neglect cases..

C.1.9 The Contractor shall provide training and technical assistance to Counsel for Child Abuse and Neglect (CCAN) attorneys improve the quality of GAL services in cases of abused and neglected children.

C.10 The Contractor shall provide traditional legal services and to participate in programs related to Family Court operations. Below are examples of such activities.

C.10.1 Child Protection Mediation Program

The Family Court goal is to promote the use of Alternative Dispute Resolution (ADR) in appropriate cases involving children and families to resolve disputes in a non-adversarial manner and with the most effective means. ADR in the Family Court is provided through the Superior Court’s Multi-Door Dispute Resolution Division. ADR in the form of two-party and multi-party mediation is proving to be highly beneficial in the context of child abuse and neglect cases. The Court has mediated child abuse and neglect cases since implementing a pilot project in 1998. Under the Family Court Act of 2001, the Family Court has expanded the Child Protection Mediation Program to include all child abuse and neglect cases as long as it is consistent with the safety of the child and any other involved parties.

C.10.2 Family Treatment Court

This program consists of a specialized court within the Family Court dedicated to the particular needs of substance abusing parents of neglected children.

C.10.3 Collaborative Efforts

The Family Court goal is to encourage and promote collaboration among all participants in the child welfare system to develop better working relationships between the Court, child welfare agencies, schools, health care provider, service organizations and volunteers. As a result, the Contractor shall participate in system meetings that are intended to improve the services for children and families. For instance, the Contractor shall serve as a member of the Family Court Implementation Committee.

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

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

E.1.2 The Contractor shall provide and maintain an inspection system acceptable to the

District of Columbia Courts covering the services furnished under this contract.

Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Courts during contract performance and for as long as the contract requires.

E.1.3 The Courts has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract.

The Courts shall perform inspections and test in a manner that shall not unduly delay the work.

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

E.1.5 If any of the services do not conform with the contract requirements, the Courts may require the Contractor to perform the services again in conformity with the contract requirements, at no increase in the contract amount. When the defects in services cannot be corrected by reperformance, the Courts may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

E.1.6 If the Contractor fails to promptly perform the services again or take the necessary action to ensure future performance in conformity with the contract requirements, the Courts may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Courts that is directly related to the performance of such service or (2) terminate the contract for default.

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Term of Contract:

F.1.1 The base period of the contract shall be for one year. The anticipated start date is

October 1, 2017 through September 30, 2018.

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 by the 10th working day of each month a Statistical Report to include:

F.3.1.1 New cases opened by month;

F.3.1.2 Cases disposed of by month;

F.3.1.3 Number of court appearances monthly by hearing type;

F.3.1.4 Average amount of in court and out of court time spent on cases by hearing and activity type; and

F.3.1.5 Financial expenditure information.

F.3.2 Provide by the 5th working days after the Court’s request, a fiscal year report of the Contractor’s operations including but not limited to a statement of the financial condition of offeror and a summary of services performed during the year.

F.3.3 Provide by the 5th working days after the Courts’ request, an annual independent audit prepared by a certified public accountant.

F.3.4 Provide by the 5th working day after the Court’s request, a Quality Assurance Plan to include surveillance schedule and surveillance method to be used.

SECTION G -CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices:

The Contractor shall be compensated at the established unit price. The Contractor shall invoice the Courts on a monthly basis at the established unit price. The Contractor shall prepare invoices in duplicate and submit them to the payment Office specified in Clause G.2 below within thirty (30) days after the end of each month. Payments shall be made within 30 days after receipt and approval of a proper invoice.

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

a. Name and address of the Contractor;

b. The contract number and Contract Order number;

c. Invoice date;

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

e. Date the services or supplies were rendered;

f. Shipping & payment terms;

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

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

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

and

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

G.1.3 The Contractor shall submit final invoices within thirty (30) days after the expiration of this contract.

G.1.5 In addition, the Contractor shall complete Attachment J.8 - District of Columbia

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

G.2 Payment Office

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

Branch Chief Financial Operations Branch Budget and Finance Division 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

G.5.2 Contracting Officer’s Technical Representative (COTR): The COTR is responsible for general administration of the contract and advising the Contracting Officer as to the Contractor’s performance or non-performance of the contract requirements. In addition, the COTR is responsible for the day-to-day monitoring and supervision of the contract.

The COTR shall be:

A. Avrom Sickle

Director Family Court Operations Division District of Columbia Courts 500 Indiana Avenue, N.W.; Suite 4240 mailto:Accountingbranch@dcsc.gov

Telephone # (202)-879-1633

G.6 Authorized Representative of the Contracting Officer.

G.6.1 The COTR will have the responsibility of ensuring that the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in this contract. It is understood and agreed that the COTR shall not have authority to make changes in the scope or terms and conditions of the contract.

G.6.2 THE RESULTANT CONTRACTOR IS HEREBY FOREWARNED THAT

ABSENT THE REQUISITE AUTHORITY OF THE COTR TO MAKE ANY

SUCH CHANGES, CONTRACTOR MAY BE HELD FULLY RESPONSIBLE

FOR ANY CHANGES NOT AUTHORIZED IN ADVANCE, IN WRITING, BY

THE CONTRACTING OFFICER, MAY BE DENIED COMPENSATION OR

OTHER RELIEF FOR ANY ADDITIONAL WORK PERFORMED THAT IS

NOT SO AUTHORIZED, AND MAY BE ALSO BE REQUIRED, AT NO

ADDITIONAL COST TO THE COURTS, TO TAKE ALL CORRECTIVE

ACTION NECESSITATED BY REASON OF THE UNAUTHORIZED

CHANGES.

SECTION H - SPECIAL CONTRACTS REQUIREMENTS

H.1 Other Contractors

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

H.2 Disclosure of Information

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

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

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

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

H.3 Rights in Data

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

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

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

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

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

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

H.4 Security Requirements

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

H.5 Contractor Management Responsibility (MAR 2010)

The Contractor shall appoint a Project Manager who will be the Contractor's Authorized Representative for technical and administrative performance of all services required hereunder. The Project Manager shall provide the single point of contact through which all Contractor/Court communications, work and technical direction shall flow. The Project Manager will be present at scheduled deliverables presentations and responsible for insuring that any requested changes be made to the final product. The Contractor shall identify the Project Manager, in writing, within 5 days of contract award.

H.6 Suspension Of Work (Mar 2010)

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

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

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

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

and

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

H.7 Court Delay of Work (MAR 2010)

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

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

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

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

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

H.8 Safety Precautions (MAR 2010)

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

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

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

H.9 Use Of Premises (MAR 2010)

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

(b) The Contractor shall comply with the regulations governing the operation of premises, which are occupied and shall perform his contract in such a manner as not to interrupt or interfere with the conduct of Court.

(c) Any work necessary to be performed after regular working hours, on Saturdays, Sundays or legal holidays, shall be performed without additional expense to the Court.

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

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

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

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

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

(i) All work shall be carried on in an orderly manner performed in such manner to cause minimum:

(1) Interference with or disruption of normal activities in the building which is occupied; and

(2) Noises or disturbances.

H.10 Access To Building (MAR 2010)

(a) Contractor will be given access to the building, except to secure all sensitive areas or where work is specified to be performed at specified periods.

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

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

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

H.11 Availability Of Funds For The Next Fiscal Year (MAR 2010)

The Court's obligation for performance of this contract beyond fiscal 2018 is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Courts for any payment may arise for performance under this contract beyond fiscal year 2018, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

H.12 Consent to Subcontract (MAR 2010)

The Contractor hereunder shall not subcontract any of the Contractor's work or services to any subcontractor without the prior, written consent of the Contracting Officer. Any work or service so subcontracted shall be performed pursuant to a subcontract agreement which the Courts shall have the rights to review and approve prior to its execution. Any such subcontract shall specify that the Contractor and the subcontractor shall be subject to every provision if this contract. Notwithstanding any such subcontractor approved by the Court, the Contractor shall remain liable to the Courts for all contractors' work and services required hereunder.

H.13 Subcontracts (MAR 2010)

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

(b) The divisions or sections of the specifications are intended to control the Contractor in dividing the work among the subcontractors or to limit the work performed by any trade.

(c) The Contractor shall be as fully responsible to the Court for the acts and omissions of subcontractors, and of persons employed by them as he is for the acts and omissions of persons directly employed by him.

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

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

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

H.14 Publicity

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

I.9.1 Any aggrieved person may protest this solicitation, award or proposed contract award in accordance with Chapter 8 of the Procurement Guidelines of the District of Columbia Courts. Protest shall be filed in writing, within ten (10) working days after the basis of the protest is known (or should have been known), whichever is earlier with the Contracting Officer at:

Administrative Officer

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

Facsimile Number: (202) 879-2835

I.9.2 A protest shall include the following:

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

I.9.2.2 solicitation or contract number;

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

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

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

I.10 Debriefing (MAR 2010)

An unsuccessful offeror may request a debriefing by submitting a written request to the Contracting Officer at the address specified in I.10 above within (3) calendar days from the date of receipt of the notification of award.

I.11 Insurance

I.11.1 General Requirements

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

I.11.2 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 the contract. The policy shall provide a $1,000,000.00 per occurrence combined single limit for bodily injury and property damage.

I.11.3 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.11.4 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.11.4 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.11.5 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.11.6 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.11.7 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.11.8 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.11.9 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.

I.13 Order of Precedence (MAR 2010)

I.13.1 Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) Supplies and Services or Price/Cost Section (Section B);

(b) Specifications/Work Statement (Section C);

(c) Special Contract Requirements (Section H);

(d) Deliveries and Performance (Section F);

mailto:ramdatrn@dcsc.gov

(e) Contract Clauses (Section I);

(f) Contract Administration Data (Section G);

(g) Inspection and Acceptance (Section E); and

(h) Contract Attachments (Section J) in the order they appear.

I.14 CONTINUITY OF SERVICES (MAR 2010)

(a) The Contractor recognizes that the services under this contract are vital to the Courts and must be continued without interruption and that, upon contract expiration, a successor, either the Courts or another contractor, may continue them. The Contractor agrees to-

(1) Furnish phase-in training; and

(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval.