DCSC-19-RFP-202__Cisco_Upgrade.pdf

DISTRICT OF COLUMBIA COURTS

SOLICITATION, OFFER AND AWARD

FOR SUPPLIES, OR SERVICES

ISSUED BY: DISTRICT OF COLUMBIA COURTS DATE ISSUED: 8/13/2019

ADMINISTRATIVE SERVICES DIVISION

PROCUREMENT AND CONTRACTS BRANCH

616 H STREET, N.W., ROOM 612

WASHINGTON, D.C. 20001

CLOSING DATE: September 6, 2019

SOLICITATION NUMBER: DCSC-19-RFP-202 CLOSING TIME: 2:00 P.M.

MARKET TYPE: Open Market

OFFER/BID FOR: Enterprise Switch Upgrade

TABLE OF CONTENTS

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

X A Solicitation/Offer/Award Form 1 X H Special Contract Requirements 23

X B Supplies or Services & Price /Cost 2 X I Contract Clauses 30

X C Description/Specs. Work Statement 4 X J List of Attachments 38

D Packaging and Marking 14 X K Representation Certificates 39

X E Inspection and Acceptance 15 X L Instructions, Conditions, Notices 46

X F Deliveries and Performance 16 X M Evaluation Factors for Award 57

X G Contract Administration Data 19

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 District of Columbia 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 Flor Rivera, Senior Contract Specialist at maria.rivera@dcsc.gov

Solicitation No.: DCSC-19-RFP-202

This solicitation is an open market procurement.

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

B.1 The District of Columbia Courts, Procurement and Contracts Branch, on behalf of the

Information Technology Division (the Courts) is seeking to solicit responses from qualified contractors (“Offeror”) with experience in validating requirements for upgrading existing systems, leasing to own the necessary equipment needed for upgrades, installing and maintaining Cisco switches. Offeror’s must be Cisco certified.

Respondents will be competing against each other for selection to provide the services set forth herein (the “Services”). The submissions of all Respondents will be compared and evaluated pursuant to the evaluation criteria set forth in this RFP, and a single

Respondent will be selected.

B.2 CONTRACT TYPE

B.2.1 The Courts contemplate the award of a Leasing Agreement with an option to purchase for a firm-fixed price (FFP) amount resulting from this solicitation. For the consideration set forth below, the Contractor shall provide the deliverables described in Section F in accordance with the performance standards specified in Section F based on the

Description/ Specification/ Work Statement found in Section C of this solicitation document.

B.2.2 The Pre-Proposal Briefing (On-site Meeting) will be held on August 21, 2019 at 10:00 am at:

District of Columbia Courts

Capital Projects and Facilities Management Division

410 E St. N.W, Washington, D.C. 20001

Offerors shall provide the following information no later than August 20

(maria.rivera@dcsc.gov):

a) Full name of attendee

b) Name of the Company affiliated with

B.3 PRICE SCHEDULE

B.3.1 The Offeror shall complete the price schedule (Attachment J.12) for the services and deliverables specified and in accordance with Section C, Description/ Specifications/

Work Statement, of this Request for Proposal (RFP).

Table B.3.1.1 Contract Line Items

Contract Line

Item No.

(CLIN)

Description

Total Price

Year One (Installation Cost+

Lease Cost)

0002 Year Two

0003 Year Three

0004 Year Four

0005 Year Five (Lease Cost +

Purchase Price)

B.3.2 While preparing the price schedule the Contractor shall take into account:

A. That the Courts are exempt from taxation pursuant to D.C. Code 47-2005(1).

B. TERM OF OPTION. This option to purchase shall commence on the date the contract is signed and shall expire five years later on the Termination Date set forth in the Lease Agreement.

C. PURCHASE PRICE. The total purchase price for the Property pursuant to this

Option to Purchase Agreement at the end of the five years will be $_1.00 (One

Dollar).

D. The Annual cost of the lease agreement will be paid annually.

E. Installation and Maintenance will be included in the cost proposal.

F. Installation cost + leasing cost of the first year will be paid the first year.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 PURPOSE

The Courts is seeking professional services provided by CISCO certified engineers to provide technical support for the upgrading its Cisco networking equipment. The selected contractor will validate requirements to upgrade the existing network, offer the lease to own option of the equipment needed, design the upgrade solution, install, configure, test and maintain new equipment to ensure a smooth transition when the option to purchase comes into effect. The Courts has identified the lease-to-own1 option equipment on

Attachment J. 10 –Enterprise Switch Upgrade (BOM).

C.2 BACKGROUND

C.2.1 The District of Columbia Courts (the Courts), consisting of District of Columbia Court of

Appeals, District of Columbia Superior Court, and their business support unit – the Court

System, is the judicial branch of the District of Columbia government. Its mission is to protect rights and liberties, uphold and interpret the law, and resolve disputes peacefully, fairly and effectively in the Nation's Capital. The Courts’ mission and its operations rely heavily on information technology, and the organization’s dependence on technology will increase with the adoption of additional services and technologies in the future.

C.2.2 The Courts’ Judiciary Square campus is comprised of six (6) buildings:

1. 500 Indiana Avenue N.W. (known as the Moultrie Courthouse),

2. 515 5th St. N.W. (known as Building A),

3. 510 4th St. N.W. (known as Building B),

4. 410 E St. N.W. (known as Building C),

5. 430 E St. N.W. (known as the Historical Courthouse building D),

6. 616 H St. N.W. (known as Offices in Gallery Place)

C.2.3 A total of seven (7) smaller but mission critical field units are strategically located around the city. The location of these field units are as follows:

1. 6217 Columbia Park Rd, Cheverly MD (known as Warehouse),

1. Lease-to-Own means that, at the end of the lease period, the Courts will purchase the equipment.

2. 1328 Southern Ave SE (known as SEHU),

3. 920 Rhode Island Ave NE (known as NEFU),

4. 1000 Mt. Olivet Rd NE (known as Mt. Olivet),

5. 1110 V St. SE (known as SEFU),

6. 1215 So. Capitol St SW (known as SWFU)

7. COOP Disaster recovery Site, Germantown, MD

8. A seventh (7th) field unit located at 4209 9th St. NW will be added by September

2019.

C.2.4 The Courts’ enterprise Information Technology Division (IT) and the Courts’ enterprise data center are centralized in Building C with local presence in other buildings, to include a disaster recovery site located in Germantown, Maryland.

C.2.5 The Courts currently have a pair of wireless controllers located in the Building C data center. Wireless access points are located in all six (6) buildings in Judiciary Square and six (6) field units. They will be in the seventh (7 th

) field unit as well. C.2.6 The service locations to upgrade the existing network to improve resiliency and increase performance will take place on the following buildings: Moultrie (42 closets), Buildings A-C (17 closets), the Historical Courthouse and Gallery Place (4 closets), and the COOP site.

C.2.5. The upgrade will consist of deploying Catalyst 9407s as building and campus core switches.

1) The access layer will be a combination of Cisco Catalyst 3850s and Catalyst 9300s.For the Catalyst 3850s, the software will be upgraded, the existing 1G network modules will be replaced with 10G network modules, and the connection to the building core will be upgraded from 1G to 10G.

2) For the Catalyst 9300s, fifty-five (55) will be deployed in a total of twenty-five (25) switch stacks across five (5) locations.

C.2.8 As part of the effort, DC Courts will leverage its existing investment (see Attachment

J.11) in Cisco Prime and ISE. All net-new switches will be added to Cisco Prime for

Management and Cisco ISE for Terminal access controller access control system

(TACACS).

C.3 OBJECTIVES OF THE UPGRADE

C.3.1 The Contractor program management team shall work with the Courts’ team to achieve a number of contractual project goals and objectives, including:

1. Ensuring the Courts’ performance standards are met;

2. Ensuring project is executed within scope, schedule, cost and quality constraints; and

3. Identifying opportunities for the Courts to become self-sufficient in supporting the proposed new technology.

4. Upgrade Cisco switches, with as little disruption to services as possible. Installations must be performed on weekends.

5. Replace all switches with Cisco switches and software with a proven history of reliability.

6. Take advantage of any Cisco upgrade/trade-in incentives available.

7. Increase the speed and bandwidth of the existing network.

8. Provide room for network growth, additional redundancy, and failover options.

9. Perform closet cleanup to improve cable management

1. To have a Visio network diagram to reflect the updated as-built network configuration at the end of the project.

C.3.2 Tasks required from this effort will include but are not limited to:

1. Design Upgrade solution

2. Provide lease to own equipment. The list of the hardware items covered by this solicitation is shown in the Attachment J. 10 –Enterprise Switch Upgrade (BOM) spreadsheet.

3. Testing and installation of new Cisco switch gear.

4. Building the switches, transporting and installing them to the office locations.

5. Completing testing of upgraded equipment

C.4 SCOPE OF WORK

C.4.1 Task 1- Hardware, Software, and Licenses Leasing

C.4.1.1 The Contractor shall provide and install the exact items listed in the Attachment J.10

–Enterprise Switch Upgrade (BOM) spreadsheet. The expected deployment locations and activities are specified in Section C of this solicitation.

C.4.1.2 Contractor will acquire new Equipment and assure that all parts, licenses and equipment are delivered and in working order.

C.4.1.3 All equipment and licenses will be registered to The Court as the owner at the end of the leasing period.

C.4.1.6 The Contractor will be responsible for the planning, coordination and transportation of the new equipment from the Courts Warehouse (6217 Columbia Park Rd, Cheverly

MD) to the project site.

C.4.1.7 All delivery, shipping, and travel expenses should be included in the proposed cost.

C.4.1.8 Contractor will submit a final project schedule for The Court approval.

C.4.1.9 The Contractor shall conduct inventory of the BOM items.

C.4.2 Task 2-Solution Upgrade Design

C.4.2.1 The Contractor shall provide a comprehensive solution upgrade design prior to implementation. To ensure an accurate design, pre-design tasks shall, at a minimum, consist of the following: reviewing the existing Local Area Network (LAN) configuration; inspecting closets; verifying licenses; confirming switch port availability; and, verifying switch software versions and features.

Note: In response to this solicitation, the Contractor shall describe in detail the approach for both pre-design and design tasks and activities.

C.4.2.2 The Contractor shall provide comprehensive design documentation that, at a minimum, includes: recommendations, integration of existing and new equipment, distribution on campus, building diagrams (in Visio); Cisco Stackwise requirements;

and, Virtual Local Area Network (VLAN) and Quality of Service (QoS) requirements.

C.4.2.3 The Contractor shall provide Upgrade Procedure documents for the Cores and Access

Layer switches. This documentation shall be specific to the DC Courts campus, buildings, and equipment.

C.4.2.4 The Contractor shall provide comprehensive test plans with clear pass/fail criteria.

C.4.2.5 Contractor is expected to submit a description of all recommended changes to the current configuration.

C.4.2.6 Contract will produce a plan for the cleanup of the Campus Core network rack.

C.4.3 Task 3- Solution Deployment

C.4.3.1 The Contractor shall plan a phased cutover. Much of the cutover activity shall occur after business-hours and weekends.

C.4.3.2 The Contractor shall deploy the solution based upon industry best-practices and the

Courts-approved design.

C.4.3.3 Contractor will supply experienced, Cisco certified engineers as part of the configuration and installation.

C.4.3.4 The Contractor shall plan the delivery of equipment per building as they are scheduled to be installed, shall un-box, rack, power-on, and stage the equipment.

C.4.3.5 The Contractor shall label any unlabeled cables associated with the deployment, install

Small Form-Factor Pluggable (SFP)s, and ensure that all ports are mapped from the existing switches in accordance with the Courts’ Cable Installation Standards.

C.4.3.6 In response to this solicitation, the Contractor shall describe in detail the deployment approach, including tasks and activities. The outcome shall be:

A. Eight (8) Catalyst 9407s deployed

A.1 Two (2) Catalyst 9407s in Moultrie with Cisco Stackwise Virtual

A.2 Two (2) Catalyst 9407s in Building C with Cisco Stackwise Virtual

A.3 One (1) Catalyst 9407 in Building A

A.4 One (1) Catalyst 9407 in Building B

A.5 One (1) Catalyst 9407 in Building D

A.5 One (1) Catalyst 9407 in COOP Site

B. Fifty-five (55) Catalyst 9300s deployed

B.1 Fourteen (14) Catalyst 9300s, seven (7) stacks/closets in Building A

B.2 Twelve (12) Catalyst 9300s, six (6) stacks/closets in Building B

B.3 Sixteen (16) Catalyst 9300s, six (6) stacks/closets in Building C

B.4 Nine (9) Catalyst 9300s, four (4) stacks/closets in Gallery Place

B.5 Four (4) Catalyst 9300s, two (2) stacks in COOP Site

C. Eighty (80) Catalyst 3850s upgraded

C.1 Upgrade IOS on seventy-five (75) 3850s, and add a total of eighty-four (84)

10G Network Modules in forty-two (42) closets deployed in Moultrie

C.2 Upgrade IOS on two (2) 3850s in Building C and add a total of two (2) 10G

Network Modules to the Layer 3 Gateway Switches

C.3 Upgrade IOS on three (3) 3850s in Gallery Place and add a total of three (3)

10G Network Modules to the Layer 3 Gateway Switches

C.4.4 Task 4- Management Features Configured and Applied

C.4.4.1 Add all Catalyst switches to Cisco Prime

C.4.4.2 Add all Catalyst switches to Cisco ISE for Device Administration (TACACS)

C.4.4.3 The Contractor shall record document Test results based upon the Test Plan and provide a report after each cutover.

C.4.4.4 The Contractor shall provide eight (8) hours of onsite support the business-day immediately following each cutover.

C.4.4.4 The Contractor shall provide complete and accurate “as-built” documentation after the deployment.

C.5 PROJECT STAFF REQUIREMENTS

C.5.1 At a minimum, the project resources are expected to have 5 years of experience, and to include a network architect, network engineer, and a project manager.

A. The network architect leading the project must hold an active Cisco Certified

Internetwork Expert (CCIE) with extensive experience with design and implementation of Cisco Catalyst infrastructure and Cisco Identity Services Engine.

B. The network engineer supporting the cutover must hold an active Cisco Certified

Network Professional (CCNP) for Routing and Switching.

C. The project manager must have extensive experience project managing complex projects and hold an active Cisco Certified Network Associate (CCNA).

C.5.2 Contractor Management Responsibilities

C.5.2.1 Program Management

C.5.2.1.1 Program management services include all work associated with the initiating, planning, executing, monitoring and controlling, and closing of work associated with this project. The Courts recognize that Program Management Services are an essential component for successful contract management and ongoing Courts/Contractor relationship satisfaction. The Courts require a relationship with Contractor based on the following key aspects:

A. Mutual trust and respect;

B. Clear, purposeful communications;

C. Deliberate project execution based on an approved project plan; and

D. Well-defined roles and responsibilities.

C.5.2.1.2 The Courts’ approved formal procedural, reporting, and communication processes and structures will be established and maintained in order to manage the services being provided by the Contractor in an efficient and effective manner. They will be documented and maintained by the Contractor, as approved by the Courts, and modified and updated on an ongoing basis to reflect changes to the business and operational relationship.

C.5.2.1.3 The Contractor and the Courts will agree upon additional points of contact and a reporting structure covering day-to-day operations and reviews of Contractor’s performance. These may include technical, financial, and Service Level Agreements

(SLA) reviews as well as the resolution of any other issues that may arise. These reporting schedules will be documented and maintained by Contractor accessible to the Courts’ management team. A regular meeting schedule will be required for the different reporting levels established. In addition to the processes and procedures as described herein, the Contractor must provide processes and procedures acceptable to the Courts that can be used to manage day-to-day relationship processes and shall include:

A. Project Status;

B. Outstanding issues and tasks;

C. Performance reporting;

D. Dispute resolution;

E. Change requests;

F. New business requests; and

G. Risk management.

C.5.2.1.4 The Contractor shall be responsible for maintaining full, open communications and contact with the Courts throughout the entire project from initiation through project closeout. The Contractor shall provide weekly status reports as well as in writing as well as verbally in a combination of face-to-face meetings and conference calls with the Courts’ project manager. The status report shall contain project status, schedule, tasks completed for the week, outstanding tasks, tasks scheduled for the coming two weeks, issues, delays, potential risks. The Contractor shall be responsible for capturing, reviewing, and sharing the meeting minutes with the Courts within one business-day of the meeting/call.

C.5.2.1.5 The Contractor shall conduct a project initiation/kick-off with the Courts’ project team. The objective of this is to clearly outline the steps, personnel, deliverables and expectations of the project as defined in the Statement of Work. In the event of a critical issue during project execution the Contractor agrees to work with the Courts’ project manager. All contract “change” issues as it relates to the services provided in this project shall follow the Courts change management process.

C.5.2.1.6 The Contractor shall develop a Program Management Package, which shall address, at a minimum, the following program areas:

A. Soft copy of Project Schedule using Microsoft Project, including a Complete

Work Breakdown Structure (WBS) of all tasks for the project including assigned parties, anticipated start and completion dates and notes of clarification (if applicable) for each WBS element. The schedule must be baselined for future reference of planned vs. actuals for dates.

B. Communications Management Plan identifying methods of communications, delivery and response guidelines, escalations, and points of contact for project authorities.

C. Resource Management/Staffing Plan identifying required resources from both the Courts and from the Contractor.

D. Quality Management Plan identifying the Contractors metrics for providing quality service and materials delivery.

E. Risk Management Plan identifying procedures for addressing risks throughout the project lifecycle.

C.5.2.1.7 The Contractor shall update the Program Management Package items on at least weekly basis, in alignment with the regularly scheduled project meetings.

C.5.2.1.8 The Contractor shall not change key Contractor staff (for this solicitation’s project team) unless such replacement is necessary due to sickness, death, termination of employment, or unpaid leave of absence. Any such changes shall require formal written notice to the Courts. Replacement project staff shall have comparable or greater skills with regard to performance of the project as the staff being replaced and be subject to the provisions of this RFP and any resulting contract. Replacement project staff shall be furnished within ten business-days.

C.5.2.1.9 The Courts reserves the right to require removal or reassignment of the Contractor’s project staff found unacceptable.

C.5.2.1.10 The Courts may conduct reference checks—and will conduct background checks—on the Contractor’s project staff. The Courts reserves the right to reject the Contractor’s staff as a result of the reference and background checks.

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

C.6 LABOR AND MATERIALS

C.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, installation equipment, transportation, and other facilities and services necessary for proper execution and completion of the

Work.

C.6.2 The Contractor may make substitutions only with the consent of the Owner and in accordance with a Change Order.

C.6.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract.

C.6.4 No equipment furnished by the Owner shall be applied to any other use, public or private, than that for which they are issued to the Contractor.

C.6. 5 Should the Contractor cause damage to work or property of The Court’s or to other work at the site, the contractor shall promptly remedy such damage, at no additional cost to Employer.

C.6.6 Upon award of the contract and approval of the performance schedule, by the

Contracting Officer’s Technical Representative (COTR), the Contractor shall begin

Upgrades no later than 5 days after the Kick off meeting.

C.7 DEVIATIONS TO DE ACCEPTED DESIGN

The Courts’ concurrence are required for any proposed deviation from the accepted design which still complies with the contract before the Contractor is authorized to proceed with material acquisition or installation. The Government reserves the right to non-concur with any deviation from the design, which may impact equipment selections or operations decisions that were made, based on the reviewed and concurred design.

C.8 SUBSTITUTIONS

C.8.1 Unless prohibited or provided for otherwise elsewhere in the Contract, where the accepted contract proposal named products, systems, materials or equipment by manufacturer, brand name and/or by model number or other specific identification, and the Contractor desires to substitute manufacturer or model after award, submit a requested substitution for Government concurrence. Include substantiation, identifying information and the COR's approval, as meeting the contract requirements and that it is equal in function, performance, quality and salient features to that in the accepted contract proposal. If the Contract otherwise prohibits substitutions of equal named products, systems, materials or equipment by manufacturer, brand name and/or by model number or other specific identification, the request is considered a

"variation" to the contract.

C.8.2 In addition to the above stated requirements for proposed deviations to the accepted

Government Approval , where applicable, a contract modification are required before the Contractor is authorized to proceed with material acquisition or installation for any proposed variation to the contract (the solicitation and/or the accepted proposal), which constitutes a change to the contract terms.

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 have the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Courts shall perform inspections and test in a manner that will 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 to 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 performance, 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.

E.2 Services will be accepted by the COTR.

SECTION F - DELIVERIES AND PERFORMANCE

F.1 TERM OF CONTRACT

The term of the lease option contract will be five years days from the date of award. The date of award shall be the date the Contracting Officer signs the contract document.

F.2 DELIVERABLES

F.2.1 All deliverables shall be in a form and manner acceptable to the Courts. The Contractor shall furnish office supplies, materials, equipment, and employees required to meet and perform the requirements of this Contract.

F.2.2 The Contractor shall provide the Courts’ COTR with the deliverables specified below and within the designated timeframes.

Item

Number

Deliverable Qty Format/Method of Delivery

Due Date

(Calendar Days)

Deliver To

0001 Comprehensive

Design

Documentation

1 Electronic and

Hard Copy

45 days after NTP is issued

COTR

0002 Hardware/softw are items listed in the BOM as well as the licensing, warranty, maintenance

1 Delivered to

Warehouse

60 days COTR

0003 Test Plan 1 Electronic TBD COTR

0004 Weekly reports:

Test Reports, Status Reports

1 Electronic Every week COTR

0005 As-built

Documentation

1 Electronic and

Hard Copy

TBD COTR

F.3 DELIVERY LOCATION

All hardware items shall be delivered to the Courts warehouse located at:

District of Columbia Courts

ATTN: Clide Cork

6217 Columbia Park Rd

Cheverly, Md. 20785

Contractor will be responsible for deliveries and deployment of services to be rendered on-site in the area affixed to Building C Data Center (or an alternative, previously agreed-upon location within Judiciary Square campus boundaries), unless otherwise approved, in writing, by Contracting Officer’s Technical Representative (COTR) or COTR’s designated personnel

(written COTR designation is required)

F.4 STANDARD OF PERFORMANCE

The Contractor agrees to provide a high standard of professional service. In determining whether the Contractor has performed accordingly, it is understood and agreed that DC

Courts will measure the amount and quality of the services required by the contract against the representations made by the Contractor in its written proposal.

Performance Metric Required Service Performance

Indicator

Monitoring

Method

Accuracy/ completeness/ technical proficiency

All work products must be complete, accurate, and conducted with techniques commensurate to the work

Draft and final work products are complete and accurate and were conducted in a technically-competent and appropriate manner.

The COTR review of work products may include external peer review of deliverables. The

Courts reserves the right to perform any inspection and audit as deemed necessary to assure that the

Contractor’s services conform to prescribed requirements.

Timeliness All work products -both interim and final

- must be completed on schedule for the

Courts to use them

Contractors’ deliverables are provided on schedule as indicated in the contract and all

The COTR will review deliverables with respect to the schedule/due most effectively. accepted schedules submitted by the

Contractor unless modified with COTR concurrence.

dates defined in the contract and in accepted

Contractor schedules accepted by the

Courts during the contract period.

Responsiveness The Contractor shall be responsive to requests for clarifications on submitted work products or to refinements to the work based on changing needs

(within the scope of work).

The Contractor is able to provide requested information or make adjustments to work products that provide a benefit(s) to the

Courts without undue delays.

The COTR will review the

Contractor's ability to adjust task work in response to changing conditions, needs, and unexpected circumstances.

Communication The Contractor shall proactively keep the

Courts apprised of all issues related to the conduct of the task including, but not limited to progress of work, any issues that affect the multiple

Contractor's ability to meet schedule or budget requirements, unforeseen logistical issues.

The Contractor provides both regular updates on the progress of work under the task order and notifies the COTR of any unanticipated circumstances that affect either the analytics/logistics of the program scope, schedule, or budget.

The COTR will review both regular and ad hoc updates and program-related communication

Cost The Contractor shall proactively manage financial status and health of the contract and the Courts’ program.

Actual costs incurred against the

Contractor's cost proposal and program spending. Contractor provides Quarterly

Financial report

The COTR will review all cost-related reporting to determine if

Contractor is performing within proposed cost.

SECTION G -CONTRACT ADMINISTRATION DATA

G.1 PAYMENT/INVOICES

The Courts will make invoice payments under the terms and conditions specified in the contract. The Contractor will be compensated upon completion and acceptance of the work as specified in the contract. Payments shall be considered as being made on the day a check is dated or the date of an electronic funds transfer.

G.2 INVOICE SUBMITTAL

G.2.1 The contractor shall be compensated as set forth below. Effective June 8, 2018 all invoices and payment request shall be submitted electronically through the U.S.

Department of the Treasury’s Invoice Processing Platform (IPP) System using the “Bill to Agency” of Interior Business Center-FMD. The IPP website address is https://www.ipp.gov. In addition, it is the vendors’ (contractors’) responsibility to be

System for Awards Management (SAM) registered and in IPP. The vendors (contractors) must be SAM registered in order to register in IPP. The SAM website address is https://www.sam.gov.

G.2.2 In order to receive payment, the Contractor must use the IPP website to register, access, and use IPP for submitting all invoice requests for payment(s). Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via e-mail at

IPPCustomerSupport@discal.treasury.gov or by phone (866) 973-3131.

G.2.3 At a minimum, to constitute a proper invoice, the Contractor's invoice shall include the following information:

a. Name and address of the Contractor

b. The purchase order number

c. Invoice date

d. Invoice number

e. Name of the Contracting Officer Technical Representative (COTR)

f. COTR e-mail address

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

G.2.4 Once the electronic invoice has been submitted through IPP, no later than 2 business days from the electronic submission, the Contractor must email and/or mail to the COTR a copy of the electronic invoice along with all the required supporting documentation as stated in the contract.

G.2.5 The Contracting Officer’s Technical Representative (COTR) shall review each electronic invoice for certification of receipt of satisfactory services prior to authorization of payment.

https://www.ipp.gov/ https://www.sam.gov/

G.2.6 Payment Schedule- The following table lays out the Payment Schedule

INSTALLATION SERVICES

Item # Deliverable Payment Comments

1 Comprehensive design documentation and

Management package

5% Percentage of total professional services, upon complete/accurate delivery.

Refer to Section C. in its entirety

2 Completion of Moultrie

Cut-over(s)

30% Percentage of total professional services, upon complete/accurate delivery

Refer to Section C. in its entirety

3 Completion of Building C

Cut-over(s)

20% Percentage of total professional services, upon complete/accurate delivery

Refer to Section C in its entirety

4 Completion of Building A

Cut-over(s)

10% Percentage of total professional services, upon complete/accurate delivery

Refer to Section C in its entirety

5 Completion of Building B

Cut-over(s)

10% Percentage of total professional services, upon complete/accurate delivery

Refer to Section C in its entirety

6 Completion of Building D

Cut-over(s)

5% Percentage of total professional services, upon complete/accurate delivery

Refer to Section C in its entirety

7 Completion of Gallery

Place Cut-over(s)

5% Percentage of total professional services, upon complete/accurate delivery

Refer to Section C in its entirety

8 Completion of COOP Cut-over(s)

5% Percentage of total professional services, upon complete/accurate delivery

Refer to Section C in its entirety

9 Final Documentation

Delivery (including the As-builts) and Close out

10% Percentage of total professional services, upon complete/accurate delivery

Refer to Section C in its entirety

RENTAL FEE

10 Rental Fee Year 1 1 Annual Payment

11 Rental Fee Year 2 1 Annual Payment

12 Rental Fee Year 3 1 Annual Payment

13 Rental Fee Year 4 1 Annual Payment

14 Rental Fee Year 5 1 Annual Payment

15 Purchase Cost 1 Equivalent of $1.00 Paid on year 5

G.3 FINAL INVOICE

G.3.1 The Contractor shall submit final electronic invoice (s) within thirty (30) days after the expiration of this contract. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.

G.3.2 The Contractor must contact the COTR in order to obtain a D.C. Courts Release of

Claims form. Upon receipt of the form, the Contractor must complete and submitted the

Release of Claims form as well as provide a copy of the final electronic invoice to the

COTR.

G.4 TAX EXEMPT

The Courts are exempt from taxation pursuant to D.C. Code 47-2005(1).

G.5 PROMPT PAYMENT ACT

The Courts will pay interest (late charge) on each electronically receipted and approved invoice pursuant to the Prompt Payment Act, 31 U.S.C. 3901 et seq.

G.6 AUDITS

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.6 CONTRACTING OFFICER AND CONTRACTING OFFICER’S TECHNICAL

REPRESENTATIVE (COTR)

G.6.1 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:

Geoffrey A. Mack Contracting Officer Administrative Services Division

616 H Street NW, Suite 616

Washington, D.C. 20001

G.6.2 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:

Clide Cork

Project Manager (Infrastructure)

Information Technology Division

410 E St. N.W. Suite 3900

Washington DC, 20001

Telephone Number: 202-879-0037

G.7 AUTHORIZED REPRESENTATIVE OF THE CONTRACTING OFFICER

G.7.1 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.7.2 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

H.1.1 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 COURT DELAYS OF WORK

H.3.1 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.

H.3.2 A claim under this clause shall not be allowed:

(1) or 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.4 SAFETY PRECAUTIONS

(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.5 SECURITY REQUIREMENTS

The Courts create a unique environment for Contractors to perform work. There are levels of security that can hinder access to all areas of the buildings, such as, high-traffic areas, cell blocks, and secure areas for Judge and Jurors. Working in a building that includes many different levels of security can be challenging. The Contractor is required to obtain clearances for their project team and their subcontractors, and obtain permission to work in secure areas. The processes to obtain clearances and permission may take up to ten (10) days, but contractors are still required to maintain their prescribed schedules. The requirement for Contractor personnel to obtain a security clearance is mandatory to work on the DC Courts’ premise. If the procedures to acquire the security clearance change, the Contraction Officer will notify the Contractor of any new requirements as soon as practicable The Contractor shall satisfy security clearance requirements as designated by the Contracting Officer.

Contractors should understand that some secure areas require work to be performed during off hours or with the accompaniment of Court Security Offices (CSO’s). These secure areas include the Clerk of the Court’s office area, Judges’ Chambers, and U.S.

Marshals Space. A CSO and U.S. Marshal must be retained for security use by the

Contractor when entering these areas.

H.6 USE OF PREMISES

(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

(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.7 ACCESS TO BUILDING

(a) Contractor will be given access to the buildings, 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 Sunday 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

(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.8 AVAILABILITY OF FUNDS FOR NEXT FISCAL YEAR

The Court's obligation for performance of this contract beyond fiscal 2019 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 2019, 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.9 CONSENT TO SUBCONTRACT

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.10 SUBCONTRACTS

(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.11 WARRANTY

Offerors are encouraged to submit information on any standard commercial warranties provided for offered products. The DC Court will consider these warranties in determining the most advantageous offer, to the extent provided in the evaluation factors.

H.12 Incorporation of Warranty. Notwithstanding the contractor's standard commercial warranty, if offered and accepted by the DC Court, any dispute thereunder will be resolved under the Disputes clause of this contract, notwithstanding any disputes procedure that may be specified in the warranty.

H.13 Contractor Warranty (Products).

H.13.1 The contractor warrants that all products furnished under this contract, including packaging and markings, will be free from defects in material or workmanship and will conform to the specifications and all other requirements of this contract.

H.13.2 The contracting officer will give written notice to the contractor of any breach of warranty and either:

(1) Require the prompt correction or replacement of any defective or nonconforming products; or

(2) Retain them, reducing the contract price by an amount equitable under the circumstances.

H.13.3 When return for correction or replacement is required, the contractor is responsible for all costs of transportation and for risk of loss in transit. If the contractor fails or refuses to correct or replace the defective or nonconforming products, the contracting officer may correct or replace them with similar products and charge the contractor for any cost to the DC Court. In addition, the contracting officer may dispose of the nonconforming products, with reimbursement from the contractor or from the proceeds for excess costs. Any products corrected or furnished in replacement are subject to this clause.

H.13.4 The rights and remedies of the DC Court provided in this clause are in addition to, and do not limit, any rights afforded to the DC Court by any other clause of the contract.

H.13.5 Warranty of Services

H. 13.5.1 Definition.