Solicitation_No._DCSC-18-RP-0049_-_Courtwide_Vending_Machines_Services.pdf

DISTRICT OF COLUMBIA COURTS

SOLICITATION, OFFER AND AWARD

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: 2/15//2018

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH OPENING DATE: ____________

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

WASHINGTON, D.C. 20001

CLOSING DATE: 3/16/2018

SOLICITATION NUMBER: DCSC-18-RP-0049 CLOSING TIME: 2:00 P.M.

OFFER/BID FOR: Courtwide Vending Machine Services MARKET TYPE: OPEN

TABLE OF CONTENTS

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

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

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

X A Solicitation/Offer/Award Form 1 X H Special Contract Requirements 34 X B Supplies or Services & Price /Cost 5 X I Contract Clauses 41 X C Description/Specs. Work Statement 8 X J List of Attachments 47 X D Packaging and Marking 27 X K Representation Certificates 48 X E Inspection and Acceptance 28 X L Instructions, Conditions, Notices 51 X F Deliveries and Performance 29 X M Evaluation Factors for Award 47 X G Contract Administration Data 31

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)

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

REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

1. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NO.

DATE

AMENDMENT

NO.

DATE

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

2. OFFICERS NOT TO BENEFIT CERTIFICATION

Each Offeror shall check one of the following:

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

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

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

3. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

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

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

(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 Purpose

District of Columbia Courts, herein referred to as the “Court” has a requirement for a full service vending contractor. The specifications contained herein are intended to cover full service vending of cold drinks and snack items. These services are to be provided at various locations within the Courts’ facility and other selected sites, all located in Washington, DC. Some sites may require more than one (1) vending machine. Products of interest include, but are not limited to, juices, water, milk, flavored milk and snack items..

B.2 Pricing Information

The offeror shall submit a price for the Base year and all Option Years for the services specified in Section C, Statement of Work of this solicitation.

B.3 Revenue Percentage for the Base Year and Each Option Year

Offerors shall state below the commission (percentage) of the gross revenue they will pay to the Court:

B.3.1 BASE YEAR COMMISSION (PERCENTAGE) OF GROSS SALES:

Description Monthly Commission (Percentage of the Gross Sales) Payable to the Courts

Vending Machine Services ____________%

B.3.2 OPTION YEAR ONE COMMISSION (PERCENTAGE) OF GROSS

SALES:

B.3.3 OPTION YEAR TWO COMMISSION (PERCENTAGE) OF GROSS

B.3.4 OPTION YEAR THREE COMMISSION (PERCENTAGE) OF GROSS

B.3.5 OPTION YEAR FOUR COMMISSION (PERCENTAGE) OF GROSS

B.4 Vending Machines Current Locations

A. 500 Indiana Avenue NW, Washington DC 20001 (Moultrie Building), C street level has:

3 beverage machines 2 snack machines 3 vend natural machines

B. 500 Indiana Avenue NW, Washington DC 20001 (Moultrie Building), 3rd Floor has:

2 beverage machines 1 snack machine 1 vend Natural machine

C. 500 Indiana Avenue NW, Washington DC 20001 (Moultrie Building), 5th Floor has:

1 beverage machine

D. 515 5th Street, N.W., Washington, D.C. 20001 (Building “A”) has:

E. 510 4th Street NW, Washington DC 20001 (Building “B”) has:

2 beverage machines

F. 410 E Street, NW, Washington DC 20001 (Building “C”) has:

G. 616 H Street, NW, Washington DC 20001 (Gallery Place) has:

H. 500 Indiana Avenue NW, Washington DC 20001 ( Moultrie Building), C level Court Security Officer’s reak room has:

NOTE: THE ABOVE VENDING MACHINES ARE NOT OWNED BY THE

COURTS

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

C.1.1 The Court has a requirement for a full service vending contractor. The specifications contained herein are intended to cover full service vending of cold drinks and snack items. These services are to be provided at various locations within the Courts’ facility and other selected sites, all located in Washington, DC. Some sites may require more than one (1) vending machine. Products of interest include, but are not limited to, juices, water, milk, flavored milk and snack items. The food shall be of healthy selections of no-alcoholic beverages, juices, confectioneries, and snacks. Any new vending machines and locations shall be approved by the Courts prior to installation.

Prices shall include a commission to the District of Columbia Courts, herein referred to as the “Court” on a monthly basis.

C.2 The Contractor shall Furnish and install various vending machines in various locations within the Court’s facility. Currently there are 26 vending machines located within the Court’s facilities that dispense a variety of cold drinks, and dry snacks. A listing of current site locations is included herein (See Clause B.4). Vending machines and locations shall be approved by the Courts prior to installation

C.3 The Contractor shall secure the vending machines in a manner to assure that equipment cannot topple.

C.4 The Contractor shall coordinate the installation of all vending machines with the Court’s Contracting Officer Technical Representative (COTR).

C.5 The Contractor shall install vending machine within 20 calendar days from the date of the Court’s request.

C.6 The Contractor shall remove machines within 20 calendar days from the time of notification, upon expiration/ termination/cancellation of the contract.

C.7 The Contractor shall furnish and stock/restock the installed vending machines with various nutritious and healthy products/snack items and beverages.

C.8 The Contractor shall provide marketing strategies and material in promoting the healthy vending machine nutritional value of the beverages and snack items.

C.9 The Contractor shall furnish, install, maintain, repair and/or replace the vending machines at each location and maintaining the stock of each machine. Such machines shall be the property of the vendor. Upon expiration/termination/cancellation of the contract, the Contractor must remove all machines within 20 calendar days of notification.

C.10 Safety Standard

All work performed and all items supplies shall be in compliance with applicable federal, state and local laws and safety standards.

C.11 Patents

The contractor shall hold and save the Court, its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for or on account of any patented or unpatented inventions, articles, process, or appliance manufactured or used in performance of this contract including its use by the Court, unless otherwise specifically stipulated in this contract.

C.12 The Court reserves the right to add/delete locations during the contract term.

C.13 Insurance:

The Contractor shall be insured for vandalism and shall be held responsible for repair due to vandalism, at no cost to the Court.

C.14 Title:

The Contractor shall retain title to the vending machines during the life of the Contract.

C.15 Machine Brochure

Offerors shall include a brochure with their proposal that provides a complete description with detailed specifications of machines to be used.

Quality attractiveness and user features of machines proposed shall be considered in the evaluation. The literature shall be clearly marked with the bid number and company name. Failure to provide machine information as required may result in automatic disqualification.

C.16 Product:

1. The Contractor shall monitor products to ensure no out of date products remain in machines. Expiration date should be visible on all products in the machines.

2. The Contractor shall be responsible for ensuring that the vending machines are serviced regularly to ensure that ample stock of products is maintained in each machine.

3. The Contractor shall be required to maintain clean and sanitary vending machines. Court reserves the right to witness the filling and removal of all products and money from any and all machines, if so desired.

4. The Court shall have "automatic" product protection recourse against suppliers for product safety. According to federal regulations, the supplier whose name and address appear on the package is the responsible party. Contractor is expected to take immediate action to correct any situation in which product integrity is violated.

C.17 Service:

The Contractor shall respond to service calls within 24 clock hours and be on-site to make the repair(s) within two (2) business days. The Contractor shall provide a local telephone number. The name(s) and telephone number(s) of the service personnel shall be provided with the proposal and affixed to each machine in a visible place. If the Contractor does not respond to service calls for inoperative machines within 24 hours, and/or the machines are not maintained and kept in working order, and/or a malfunctioning machine is not replaced or repaired within two (2) working days the Contracting Officer may terminate the contract for non-compliance.

C.18 Refunds:

The Contractor shall be responsible for all refunds. The Contractor shall provide the COTR with a "bank" with which to refund individual customers who do not receive product for their money due to a malfunction of the machine. The Contractor shall replenish the "bank" as necessary.

C.19 Licenses and Permits:

The Contractor shall obtain and pay for all necessary licenses, permits and certificates, municipal or otherwise, arising out of ownership and operation of such vending machines or imposed in connection with or because of the performance of this contract. The Contractor further agrees to pay all federal, state and local taxes and other charges arising out of the performance of this contract.

C.20 Product Warranty:

The Contractor warrants that all merchandise dispensed in relation to this contract will be suitable for human consumption and in particular will conform to federal, state and local laws, rules and regulations. The Contractor agrees to hold the Court harmless from damages that may result from its failure to abide by this warranty.

C.21 Court’s Responsibility

a. The COTR will keep a log of refunds given to customers.

b. The Court will provide pest control services on a regular basis in the areas where the vending machines are located. Cleaning of the area in which the machines are located shall be the responsibility of the Court.

c. The Court will furnish without charge the electricity for the vending operation.

C.22 Commission Payment and Report of Sales

The Contractor shall furnish a monthly detailed report of sales by vending machine by location and the number of products sold by the 30th of each month. This report must be submitted along with the commission payment and must clearly indicate the dates covered by the report and the location of each machine.

C.23 Revenue Percentage

Offerors shall indicate in their proposal the percentage rate of the gross revenue they will pay to the Court. (See also Clause B.3) Offerors shall provide price lists with their proposals for the products that will be sold in the vending machines. The price lists submitted with the proposal shall include pricing data adequate to establish the reasonableness of the proposed percentage rate. Offerors shall base the percentage rate offered on the price lists submitted. An estimated yearly profit statement shall also be submitted with the proposal.

If Court cannot determine a correlation of proposed percentage rate with the pricing submitted, it may be cause for non-award.

C.24 Transition Plan

Offerors proposals shall include a detailed transition plan for staffing, furnishing all necessary equipment and supplies. At a minimum, the plan shall include a description of the overall approach, the order in which the transition activities will occur, the tasks to be performed, the parties responsible for performing each task, and a backup plan if any or all or the activities are delayed. The plan should define milestones and timelines. The Incumbent Contractor may chose to substitute a plan detailing what it will do to implement any changes submitted in the proposal should it be successful in retaining the contract.

SECTION D - PACKAGING AND MARKING

This section is not applicable to this solicitation.

E.1 INSPECTION AND ACCEPTANCE BY THE COURT

E.1.1 Inspection and acceptance of Vending Machines shall be performed at destination. The Contracting Officer's Technical Representative (COTR) will be responsible for accepting equipment after installation and operational test.

E.2 INSPECTION OF EQUIPMENT

E.2.1 Definition: "Equipment" as used in this clause, includes, but is not limited to vending machines, change machines or other equipment necessary for operation.

E.2.2 The Court has the right to inspect and test all equipment called for by the contract, to the extent practicable, before acceptance. The Court will perform inspections and tests in a manner that will not unduly delay the work. The Court assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

E.2.3 The Contractor shall remove equipment rejected or required to be corrected.

However, the COTR may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected equipment without disclosing the former rejection or requirement for correction, and when required, shall disclose the corrective action taken.

E.2.4 If the Contractor fails to promptly remove, replace, or correct rejected equipment that are required to be replaced or corrected, The Court may either (1) by contract or otherwise, remove, replace, or correct the equipment and charge the cost to the Contractor, or (2) terminate the contract for default. Unless the Contractor corrects or replaces the equipment within the delivery schedule, the Contracting Officer may require the Contractor to deliver and make an equitable revenue adjustment. Failure to agree to a revenue adjustment shall constitute a dispute.

E.2.5 Inspections and tests by the Court do not relieve the Contractor of responsibility for defects or other failures to meet contract requirement discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or otherwise provided in the contract.

E.2.6 The Court, in addition to any other rights and remedies provided by law, or under provisions of this contract, will have the right to require the Contractor

(1) at no cost to the government, to correct or replace the defective or non-conforming equipment at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer. When equipment is returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer authorizes in writing), after receipt of notice from the Contracting Officer specifying such failure, The Court shall have the right to contract or otherwise to replace or correct such equipment and charge to the Contractor the costs associated with the replacement or correction.

E.2.7 Notwithstanding the terms and conditions in the clause in Section E.2, Inspection of Equipment, final inspection and acceptance will be made at destination by the Contracting Officer or his/her designee named in Section G.

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Term of Contract:

F.1.1 The Anticipated start date for the contract is December 1, 2012 through

November 30, 2013.

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 Delivery Information:

All Deliverables shall be in a form and manner acceptable to the Courts. The Contractor shall complete the tasks and provide to the COTR the deliverables specified below within the designated time frames:

F.3.1 The Contractor shall furnish a detailed monthly operating report to include gross sales by vending machine by location and the number of products sold by the 5th day of the following month. This report must be submitted along with the commission payment and must clearly indicate the dates covered by the report and the location of each machine. The commission shall be based on the agreed percentage of the total gross sales for each month.

F.3.2 Under no circumstances deliveries will be shipped or received on the sidewalk (Sidewalk Deliveries). offerors shall uncrate, completely assemble, and set in designated place all equipment and furniture.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Payment/Invoices.

G.1.1 The Contractor shall furnish to the COTR, a detailed monthly operating report to include gross sales by vending machine by location and the number of products sold by the 5th day of the following month. This report must be submitted along with the commission payment and must clearly indicate the dates covered by the report and the location of each machine. The commission shall be based on the agreed percentage of the total gross sales for each month.

G.2 Audits

G.2.1 The contractor shall maintain books, records and documents of all costs and data in support of the service s provided. The authorized representative of the Courts shall have the right to audit the books, records and documents of the Contractor under the following conditions:

G.2.1.1 If the contract is terminated for any reason in accordance with the provisions of these contract documents in order to arrive at equitable termination costs;

G.2.1.2 In the event of a disagreement between the Contractor and the Courts on the amount due the Contractor under the terms of this contract;

G.2.1.3 To check or substantiate any amounts invoiced or paid which are required to reflect the costs of services, or the Contractor's efficiency or effectiveness under this contract; and

G.2.1.4 If it becomes necessary to determine the Courts' rights and the Contractor's obligations under the Contract or to ascertain facts relative to any claim against the Contractor which may result in a charge against the Courts.

G.2.2 These provisions for an audit shall give Courts unlimited access during normal working hours to the Contractor's books and records under the conditions stated above.

G.2.3 Unless otherwise provided by applicable statute, the Contractor, from the effective date of final payment or termination hereunder, shall preserve and make available to Courts for a period of three (3) years thereafter, at all reasonable times at the office of the Contractor but without direct charge to the Courts, all its books, records documents and other evidence bearing on the costs and expenses of the services relating to the work hereunder.

G.2.4 Courts' right to audit and the preservation of records shall terminate at the end of three (3) years as stated herein above. The Contractor shall include this "Right of Audit and Preservation of Records" clause in all subcontracts issued by it and they shall require same to be inserted by all lower tier subcontractors in their subcontracts, for any portion of the work. Should the Contractor fail to include this clause in any such contract or lower tier contract, or otherwise fail to insure Courts’ rights hereunder, the Contractor shall be liable to Courts for all reasonable costs, expenses and attorney's fees which Courts may have to incur in order to obtain an audit or inspection of or the restoration of records which would have otherwise been available to Courts from said persons under this clause. Such audit may be conducted by Courts or its authorized representative.

G.3 Reports

G.3.1 The successful Offeror(s) must maintain all records in compliance with federal and state regulations. The successful Offeror(s) must submit to the Contracting Officer’s Technical Representative (COTR), monthly statistical reports which include gross earnings.

G.3 Contracting Officer and Contracting Officer’s Technical Representative

(COTR)

G.3.1 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.3.2 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. Michael Harrison

Office Services Supervisor Administrative Services Division D.C. Court 616 H Street, N.W.

Suite 612 Washington, D.C. 20001 202-879-4255 E-mail:Michael.harrison@dcsc.gov mailto:Michael.harrison@dcsc.gov

G.4 Authorized Representative of the Contracting Officer.

G.4.1 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.4.2 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 Court.

H.11 Availability of Funds for the Next Fiscal Year (MAR 2010)

The Court's obligation for performance of this contract beyond fiscal 2013 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 2013, 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.

H.15 Protection Of Property:

The Contractor shall be responsible for any damage to the building, interior, or their approaches in delivering equipment covered by this contract.

H.16 Liability

The Contractor shall hold the District of Columbia free of any damages resulting from consumption of products delivered under this contract, when such damages are attributed to foreign material or other defects in products delivered by the Contractor.

H.17 Data Sources

H.17.1 The Courts will provide the successful Offeror all available data possessed by the Courts that relates to this contract. However, the successful Offeror is responsible for all costs for acquiring other data or processing, analyzing or evaluating Courts data.

H.18 Safeguards of Information

H.18.1 Unless approved in writing by the Contracting Officer, the successful Offeror may not sell or give to any individual or organization any information, reports, or other materials given to, prepared or assembled by the successful Offeror under the final contract. The successful Offeror(s) must maintain all records in compliance with federal and state laws and regulations.

H.19 Access to and Inspection of Work

H.19.1 The Courts’ Representatives will, at all times, have access to the work being performed under this contract wherever it may be in progress or preparation.

H.20 Americans with Disabilities Act Requirements

H.20.1 The Courts is fully committed to the Americans with Disabilities Act (ADA) which guarantees non-discrimination and equal access for persons with disabilities in employment, public accommodations, transportation, and all Courts programs, activities and services. Government contractors, subcontractors, vendors, and/or suppliers are subject to this ADA policy. All individuals having any Courts contractual agreement must make the same commitment. Your acceptance of this contract acknowledges your commitment and compliance with

ADA.

H.21 News Release by Vendors

H.21.1 As a matter of policy, the Courts do not endorse the products or services of a contractor. News releases concerning any resultant contract from this solicitation will not be made by a contractor without the prior written approval of the Courts.

All proposed news releases shall be routed to the Contracting Officer for review and approval.

H.22 Wage Rates

H.22.1 The Contractor is bound by the attached Wage Determination No. 2015-4281, Revision No. 9, dated 1/10/19, issued by the U.S. Department of Labor, in accordance with the Service Contract Act of 1965, as amended (41(U.S.C. 351, incorporated herein as J.11. The Contractor shall be bound by the prevailing wage rates for the term of the contract. If the Courts exercise any option year, the Contractor shall be bound by the wage determinations in effect at that time.

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 612 Washington, D.C. 20001 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.