DET Courtroom 811 RFP.pdf

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TABLE OF CONTENTS

SECTION B – PRODUCTS OR SERVICES AND PRICES / COSTS

B.1. FIRM FIXED PRICE

SECTION C – SPECIFICATIONS / STATEMENT OF WORK

C.1 BACKGROUND

C.2 OBJECTIVE

C.3 SCOPE OF WORK

C.4 SECURITY REQUIREMENTS

C.5 DOCUMENTATION REQUIREMENTS

C.6 CONTRACT CLAUSES...................................................................................................5-6

C.7 CONTRACT MANAGEMENT

C.7.1 CONTRACTING OFFICER

C.7.2 CONTRACTING OFFICER REPRESENTATIVE ......................................................6-7

C.8 LIMITED USE OF DATA

C.9 PLACE OF PERFORMANCE

C.10 EQUIPMENT REQUIREMENTS

C.11 CONTRACT MANAGEMENT ......................................................................................7-8

C.12 PROPOSAL DATE

SECTION D – PACKAGING AND MARKING

D.1 CLAUSES INCORPORATED BY REFERENCE

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

SECTION F – DELIVERIES AND PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

F.2 SECURITY REQUIREMENTS FOR AND ACCESS TO SITE

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 CLAUSES INCLUDED IN FULL TEXT

CLAUSE 6-20, INSURANCE – WORK ON OR WITHIN JUDICIARY FACILITY (APR

2011) .................................................................................................................................12-13

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CLAUSE 7-10, CONTRACTOR REPRESENTATIVE (JAN 2003)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE

H.2 CLAUSES INCLUDED IN FULL TEXT

CLAUSE 2-65, KEY PERSONNEL (APR 2013) ........................................................... 14-15

SECTION I – CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE .........................................................16-17

I-2 CLAUSES INCLUDED IN FULL TEXT ......................................................................17-24

I-3 PROVISIONS INCLUDED IN FULL TEXT……..……………………………………...25

SECTION J -LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

ATTACHMENT 1 – VENDOR PRICE SHEET

ATTACHMENT 2 – EQUIPMENT LIST

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 PROVISIONS INCORPORATED BY REFERENCE

K.2 PROVISIONS INCLUDED IN FULL TEXT ...............................................................27-32

SECTION L -INSTRUCTIONS, CONDITIONS, AND NOTICE TO OFFERORS

L.1 PROVISIONS INCORPORATED BY REFERENCE

L.2 PROVISIONS INCORPORATED IN FULL TEXT

L.4 CONTENT OF PROPOSALS ........................................................................................33-34

L.6 AWARD WITHOUT DISCUSSIONS

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS INCORPORATED BY REFERENCE

M.2 BASIS FOR AWARD

M2.1. Factor 1 – Technical

M2.2. Factor 2 – Past Performance

M.2.3 Factor 3 – Price

M.3 AWARD ON INITIAL PROPOSAL/DISCUSSIONS

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SECTION B – PRODUCTS OR SERVICES AND PRICES / COSTS

B.1. FIRM FIXED PRICE

The firm fixed price for this contract shall be as stated in the pricing table below. This is the total firm fixed price to be paid to the contractor for providing the equipment and services as described in the Statement of Work (SOW) included as Section C of this document. The firm fixed price shall be all inclusive and no payments will be made in addition to the stated firm fixed price for any efforts made by the contractor in accomplishing the SOW. No reimbursement will be made to the contractor for costs incurred in accomplishing the SOW, such as for travel, per diem expenses.

CLIN NO. Supplies or Services Unit of Issue

Firm Fixed Price

0001 Project 1 – Audio & Video Upgrade of Courtroom 811

Job $____________________

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SECTION C – SPECIFICATIONS / STATEMENT OF WORK

C.1 BACKGROUND

The U.S. District Court – Michigan Eastern District has been upgrading the AV technology in its courtrooms for several years. We have installed systems in Detroit and in each in our divisional courthouses in Ann Arbor, Bay City, Flint and Port Huron. The Courts standard equipment has been Crestron for video and control and Biamp for audio.

Detroit Courtroom 811 current AV equipment has reached end of life, has had multiple equipment failures, and is in need of an upgrade. We will be installing the AV equipment described in this SOW and Attachments A & B.

C.2 Objective The purpose of this Statement of Work (SOW) is to provide the District Court with proposals on upgrading the courtroom technology equipment, control system, sound system, installation, and programming. The Court will be holding a walkthrough of Detroit Courtroom 811 on Friday, Sept 12, 2025 @ U.S. District Court, 231 W Lafayette Blvd, Detroit, MI 48226.

C.3 Scope of Work

Courtroom 811 already has floor boxes at the lectern, attorney table and witness locations. We will be keeping the current rack location which is located in the courtroom.

This courtroom will not be receiving any construction or infrastructure changes.

Attachment A is a generic equipment list of what the court wants in the courtroom. The Court is requesting that Attachment A be completed along with your quotes. This will ease the courts burden when comparing quotes. The Courts standard equipment has been Crestron for video and control and Biamp for audio. The Court would like to standardize on Video over IP and depending on the cost, possibly Dante Audio. Equivalent equipment can be quoted, and any additional equipment required should be added to Attachment A by AV vendor.

Attachment B shows the courts requirements and what functions are required at each courtroom location. The Courts requirements listed on Attachment B must be met and completed by the award-winning vendor. Mounting locations, box plates, wiring diagrams and control panel layouts must be approved by the Court staff prior to the beginning of installation and programming.

All contractor trash must be removed from the building by the contractor and disposed of by the contractor. The Courts’ trash dumpsters and recycling services cannot be utilized by the AV contractor. Contractor will be responsible for cleanup and removal of all trash from the court containers that the contractor places in the court’s containers. Vacuuming and surface cleaning must be completed by contractor prior to project completion sign off.

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C.4 Security Requirements The contractor shall provide competent personnel to perform services under this contract.

Work shall be performed in accordance with the best commercial practices, without unnecessary delays or interference with the Court’s mission or functions. The Contracting Officer (CO) and the Contracting Officer Representative (COR) reserves the right to judge the adequacy of the services provided and may require the contractor to replace the support resource(s), if deemed inadequate. Formal U.S. Marshal Service security clearances are required prior to the start of any work. Personnel contracted by the Courthouse to provide services covered under this contract will be subjected to security background checks and U.S. Marshal daily inspections when entering the Courthouse.

The contractor shall be responsible for completing a contractor clearance document for the contractor’s employees performing said services. Upon completion, the document should be returned via email to the Contracting Officer, Joseph Rolder, at joseph_rolder@mied.uscourts.gov. This document enables the Court to complete a background check on the worker(s) provided by the contractor. The document MUST be completed prior to the contract work start date. Under no circumstances shall any court data and/or property be taken or removed from the court.

C.5 Documentation Requirements The Contracting Officer (CO) will issue the winning bidder a purchase order based on the Statement of Work and all requirements in Attachment B. The Court’s purchase order will be the ONLY governing document for the procurement of goods and services from the contractor. The contractor shall be responsible for providing an invoice billed to the Court with net 30-day payment terms. The Court does not pay for services prior to them being rendered. Upon receipt of the invoice by the Court, and verification that work has been completed by the Court’s Contract Officer Representative, payment will be rendered to the contractor for the specified amount. The Court can and will approve partial payment for equipment received that cannot be installed due to courtroom construction delays.

C.6 Contract Clauses Once the Award has been made, the Court reserves the right to cancel the contract with the contractor for failure to complete the work as specified in this agreement. The person(s) assigned by the contractor to perform the specified work shall not be deemed a U.S. District Court Employee but shall be an employee of the contractor. The contractor warrants that its employees are adequately covered by workers compensation insurance and that it assumes total responsibility to pay all applicable federal, state and local withholding taxes and unemployment taxes, as well as social security, state disability insurance and all other payroll charges. The contract further warrants that the person(s) performing the work are certified and knowledgeable enough complete the work as specified in the statement of work. Other pertinent information will be provided to the contractor upon acceptance of the winning bid proposal. This information will include the mailto:joseph_rolder@mied.uscourts.gov

SOLICITATION NUMBER MIEDCLERK25-0003 Page 6 following: 1) exact start and end time of daily work hours, 2) miscellaneous information (example: driving directions, and parking information).

The courts accounting system uses SAM.gov for vendor information for EFT payment by the U.S.

Treasury Department. Award winning Vendor must be registered with SAM.gov or must complete an AO213 for which includes banking information.

C.7 Contract Management The administration of this contract will require coordination between the contracting officer, the COR, and the contractor. The individuals cited below will be the Court’s primary points of contact during the performance period. In no event shall any understanding or agreement, modification, change order, or other matter in deviation from the terms of this contract between the contractor and a person other than the contracting officer be effective or binding upon the Court. All such actions must be formalized by a proper contractual document and signed by all parties.

C.7.1 Contracting Officer

All administration of this contract will be affected by the contracting officer:

Joseph Rolder – Procurement Officer United States District Court 231 West Lafayette Blvd – Room 863 Detroit, MI 48226 Phone: 313-234-5588

Email: joseph_rolder@mied.uscourts.gov Written communications shall make reference to the contract title and shall be mailed to the above address. The contracting officer is authorized to certify invoices for payment in accordance with the terms of this contract.

C.7.2 CONTRACTING OFFICER REPRESENTATIVE (COR):

The COR for this contract is:

Jay Theisen – Systems Manager United States District Court 231 West Lafayette Blvd.

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Detroit, MI 48226 Phone: 313-234-2618 Email: james_theisen@mied.uscourts.gov

Upon award, the COR will be responsible for coordinating the installation and performance of services with regards to this contract. However, the COR shall not be authorized to change any terms and conditions of the resultant contract, including, but not limited to, price.

Responsibilities of the COR include:

1. Monitoring the performance of the contractor’s employee(s) under the contract to ensure compliance with the contract requirements.

2. Ensuring that changes in work under the contract are not initiated before written authorization or modification is issues by the contracting officer.

3. Providing interpretation of the meaning of project specifications.

4. Accepting the contractor’s equipment and services.

C.8 Limited Use of Data Performance of this contract may require the contractor’s employee(s) to access and use data and information proprietary to the government, which is of such a nature that its dissemination or use, other than in performance of this contract, would be adverse to the interest of the government and/or others. The contractor and/or contactor personnel shall not divulge or release data or information developed or obtained in performance of this contract. The contractor and its employees shall not use, disclose, or reproduce proprietary data other than as required in the performance of this contract.

C.9 Place of Performance Delivery of equipment/services reflected on this contract shall be performed at the U.S.

District Court, 231 W Lafayette Blvd, Detroit, MI, 48226. Work will be performed during hours that do not impact the activities of the Court or adjacent courtrooms. Performance may take place during normal work hours (8:00am to 5:00pm). However, installation must be restricted to dates that will not interfere with the Judge’s schedule. Dates will be provided to the contractor upon successful award of contract.

C.10 EQUIPMENT REQUIREMENTS

See Attachment B for equipment requirements.

C.11 Contract Management This contract shall be for fixed price service awarded on a Lowest Price Technically Acceptable (LPTA). The awarding of this contract is subject to the availability of funds and approval from our Chief Judge. Winning contractor must be available for construction and millwork contractor to review and discuss any and all AV mailto:james_theisen@mied.uscourts.gov

SOLICITATION NUMBER MIEDCLERK25-0003 Page 8 equipment needs for the modification and construction of floor boxes, data runs to rack, witness box, lectern and attorney tables.

C.12 Proposal Due Date Proposals are due no later than Friday, Sept 19th 2025. Offers will be subject to FAR 52.214-7, “Late Submissions, Modifications, and Withdrawal of Bids”.

Submit a copy of the proposal via email to:

Joseph Rolder – Contracting Officer United States District Court 231 West Lafayette Blvd Detroit, MI 48226 Phone: 313-234-5588 Email: joseph_rolder@mied.uscourts.gov

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SECTION D – PACKAGING AND MARKING

D.1 CLAUSES INCORPORATED BY REFERENCE

This Section incorporates the following clauses by reference (see Clause B-5, Clauses Incorporated by Reference, in Section I for further information about clauses incorporated by reference):

CLAUSE NUMBER TITLE DATE

2-45 Packing and Marking AUG 2004

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

This Section incorporates the following clauses by reference (see Clause B-5, Clauses Incorporated by Reference, in Section I for further information about clauses incorporated by reference):

CLAUSE NUMBER TITLE DATE

2-5B Inspection of Services APR 2013 2-10 Responsibility for Products JAN 2010

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SECTION F – DELIVERIES AND PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

This Section incorporates the following clauses by reference (see Clause B-5, Clauses Incorporated by Reference, in Section I for further information about clauses incorporated by reference):

CLAUSE NUMBER

TITLE DATE

2-60 Stop-Work Order JAN 2010 7-200 Judiciary Delay of Work JAN 2003

F.2 SECURITY REQUIREMENTS FOR AND ACCESS TO SITE

F.2.1 Within five (5) business days after award, the contractor shall submit to the Court, for the purpose of background checks and preparation of identification cards, certain information regarding each employee who will be assigned to work at the Courthouse. This information shall include full legal name, date of birth, place of birth, current address, and social security number.

F.2.2 All professional services must be performed during evening hours or on weekends, at the direction of the Court.

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

This Section incorporates the following clauses by reference (see Clause B-5, Clauses Incorporated by Reference, in Section I for further information about clauses incorporated by reference):

CLAUSE

NUMBER TITLE DATE

3-305 Payment by Electronic Funds Transfer – System for Award Management (SAM) Registration APR 2013

7-1 Contract Administration JAN 2003 7-5 Contracting Officer’s Representative APR 2013 7-125 Invoices APR 2011

G.2 CLAUSES INCLUDED IN FULL TEXT

CLAUSE 6-20, INSURANCE – WORK ON OR WITHIN JUDICIARY FACILITY (APR 2011)

(a) The contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the following kinds and minimum amounts of insurance:

(1) Workman’s Compensation and Employee’s Liability Insurance The contractor shall comply with applicable federal and state workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy.

Employer’s liability coverage of at least $100,000 per incident is required.

(2) Automobile Liability Insurance The contractor shall have coverage at a minimum of $200,000 per person; $500,000 per occurrence for bodily injury; and $20,000 per occurrence for property damage.

(3) General Liability Insurance The contractor shall have coverage at a minimum of $200,000 per person and $500,000 per occurrence for death or bodily injury and $20,000 per occurrence for property damage.

(4) Self-Insurance If the contractor has been approved to provide a qualified program of self-insurance, the contractor must submit any proposed changes to the program to the contracting officer for approval.

(b) Prior to beginning performance under this contract, the contractor shall provide the insurance carrier certification of the above minimum amounts.

(c) The maintenance of insurance coverage as required by the clause is a continuing obligation, and the lapse or termination of insurance coverage without replacement coverage being obtained will be grounds for termination for default.

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(d) The certification evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the judiciary’s interest shall not be effective:

(1) for such period as the laws of the state in which this contract is to be performed prescribe;

or

(2) until 30 days after the insurer or the contractor gives written notice to the contracting officer, whichever period is longer.

(e) The contractor shall insert the substance of this clause, including this paragraph (e), in subcontracts under this contract that require work in a judiciary facility and shall require subcontractors to provide and maintain the required insurance. The contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the contracting officer upon request.

CLAUSE 7-10, CONTRACTOR REPRESENTATIVE (JAN 2003)

The contractor’s representative to be contacted for all contract administration matters is as follows (contractor completes the information):

1. Name:

2. Address:

3. Telephone:

4. E-mail:

5. Fax:

The contractor’s representative shall act as the central point of contact with the judiciary, shall be responsible for all contract administration issues relative to this contract, and shall have full authority to act for and legally bind the contractor on all such issues.

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE

This Section incorporates the following clauses by reference (see Clause B-5, Clauses Incorporated by Reference, in Section I for further information about clauses incorporated by reference):

CLAUSE NUMBER TITLE DATE

1-1 Employment by the Government JAN 2003 7-55 Contractor Use of Judiciary Networks JUN 2014

H.2 CLAUSES INCLUDED IN FULL TEXT

CLAUSE 2-65, KEY PERSONNEL (APR 2013)

(a) Individuals identified below as Key Personnel and accepted for this contract are expected to remain dedicated to this contract. However, in the event that it becomes necessary for the contractor to replace any of the individuals designated as key personnel, the contractor shall request such substitutions in accordance with this clause. Substitution of Key Personnel will be considered under the following circumstances only:

(1) All substitutes shall have qualifications at least equal to those of the person being replaced.

(2) All appointments of Key Personnel shall be approved in writing by the CO, and no substitutions of such personnel shall be made without the advance written approval of the

CO.

(3) Except as provided in paragraph (4) of this clause, at least 30 days (60 days if security clearance is required) in advance of the proposed substitution, all proposed substitutions of Key Personnel shall be submitted in writing to the CO, including the information required in paragraph (5) of this provision.

(4) The following identifies the requirements for situations where individuals proposed as Key Personnel become unavailable because of sudden illness, death or termination of employment. The contractor shall within (5) workdays after the event, notify the CO in writing of such unavailability. If the event happens after award, the CO will determine if there is an immediate need for a temporary substitute and a continuing requirement for a permanent substitute for the Key Personnel position. The CO will promptly inform the contractor of this determination. If the CO specifies that a temporary substitute is required, the contractor shall as soon as is practical identify who will be performing the work as a temporary substitute. The temporary substitute will then start performance on a date mutually acceptable to the CO and the contractor. Within (15) work days following the event, if the CO specifies that a permanent substitute is required, the contractor shall submit, in writing, for the CO’s approval, the information required in (5) and (6) below, for a proposed permanent substitute for the unavailable individual. The approval process will be the same as

(7) below.

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(5) Request for substitution of Key Personnel shall provide a detailed explanation of the circumstances necessitating substitution, a resume of the proposed substitute, and any other information requested by the contracting officer to make a determination as to the appropriateness of the proposed substitute’s qualifications. All resumes shall be signed by the proposed substitute and his/her formal (per company accepted organizational chart) direct supervisor or higher authority.

(6) As a minimum (or as otherwise specified in the solicitation), resumes shall include the following:

(a) name of person;

(b) functional responsibility;

(c) education (including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/certification(s) received, major field(s) of study, and approximate number of total class hours);

(d) citizenship status;

(e) experience including, in reverse chronological order for up to (10) years, area(s) or work in which a person is qualified, company and title of position, approximate starting and ending dates (month/year), concise descriptions of experience for each position held including specific experience related to the requirements of this contract; and

(f) certification that the information contained in the resume is correct and accurate (signature of key person and date signed, and signature of the supervisor or higher authority and date signed will be accepted as certification).

(7) The CO will promptly notify the contractor in writing of his/her approval or disapproval of all requests for substitution of Key Personnel. All disapprovals will require re-submission of another proposed substitution within (15) days by the contractor.

(b) The following individuals are designated as key personnel under this contract:

Project Manager: ___________________________

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SECTION I – CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

This Section incorporates the following clauses by reference (see Clause B-5, Clauses Incorporated by Reference, included in full text at I.2 below for further information about clauses incorporated by reference):

CLAUSE NUMBER TITLE DATE

1-5 Conflict of Interest AUG 2004 1-10 Gratuities or Gifts JAN 2010 1-15 Disclosure of Contractor Information to the

Public

AUG 2004

2-20A Incorporation of Warranty JAN 2003 2-20B Contractor Warranty (Products) JAN 2010 2-20C Warranty of Services JAN 2003 2-55 Privacy or Security Safeguards JAN 2003 2-80 Judiciary Property JAN 2003 2-115 Terms for Commercial Advance Payment of

Purchases

APR 2013

2-125 Security for Advance Payment APR 2013 3-25 Protecting the Judiciary’s Interest When

Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment

MAR 2019

3-35 Covenant Against Contingent Fees JAN 2003 3-40 Restrictions on Subcontractor Sales to the

Government

JUN 2014

3-45 Anti-Kickback Procedures JUN 2012 3-50 Cancellation, Rescission and Recovery of

Funds for Illegal or Improper Activity

JUN 2012

3-55 Price or Fee Adjustment for Illegal or Improper Activity

JUN 2012

3-105 Audit and Records – Negotiations APR 2011 3-120 Order of Precedence JAN 2003 3-140 Notice to the Judiciary of Labor Disputes JAN 2003 3-160 Service Contract Labor Standards MAR 2019 3-180 Fair Labor Standards Acts and Service

Contract Act – Price Adjustment

MAR 2019

3-205 Protest After Award JAN 2003 3-300 Registration in the System for Award

Management (SAM)

OCT 2023

7-15 Observance of Regulations/Standards of Conduct

JAN 2003

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7-20 Security Requirements APR 2013 7-25 Indemnification AUG 2004 7-30 Public Use of the Name of the Federal

Judiciary

JUN 2014

7-35 Disclosure or Use of Information APR 2013 7-65 Protection of Judiciary Buildings, Equipment, and Vegetation

APR 2013

7-85 Examination of Records JAN 2003 7-100A Limitation of Liability (Products) JAN 2003 7‐100B Limitation of Liability (Services) JAN 2003 7-110 Bankruptcy JAN 2003 7‐130 Interest (Prompt Payment) JAN 2003 7-135 Payments APR 2013 7‐140 Discounts for Prompt Payment JAN 2003 7-150 Extras JAN 2003 7‐185 Changes APR 2013 7-210 Payment for Emergency Closures APR 2013 7‐215 Notification of Ownership Changes JAN 2003 7-220 Termination for Convenience of the

Judiciary (Fixed Price)

JAN 2003

7-230 Termination for Default (Fixed Price – Products and Services)

JAN 2003

7-235 Disputes JAN 2003

I-2 CLAUSES INCLUDED IN FULL TEXT

CLAUSE B-5, CLAUSES INCORPORATED BY REFERENCE (MAR 2025)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.uscourts.gov/procurement.

CLAUSE 2-140, Judiciary IT Security Standards (APR 2013)

1. (a)Policy

Contractors developing information systems on behalf of the judiciary are required to implement reasonable and effective security safeguards to protect the confidentiality, integrity, and availability of judiciary information. To ensure judiciary IT security, the contractor shall comply with the requirements below and incorporate this clause in any subcontracts involving the systems integration, software development, or the provision of software services.

2. (b)Contractor Responsibilities https://www.uscourts.gov/procurement

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The contractor shall:

1. (1)Provide the contracting officer's representative (COR) or designee access to and information regarding the contractor's information security program and the systems used in performance of this contract when requested in connection with judiciary efforts to ensure compliance with all the contractor's security requirements, and shall otherwise cooperate in assuring adequate security for judiciary data.

2. (2)Secure and maintain any computer system, including mobile devices, which it uses in the performance of this contract as further described below. This includes ensuring that security and other applications software is kept up-to-date and patched; anti-virus software is installed and current; security events are detected and addressed via a formal incident response program; physical security of assets is maintained; judiciary data is isolated from other customer or contractor data in such a manner that data leakage cannot occur between data sets and destruction of judiciary data is not impeded; transmissions of sensitive information taking place over insecure networks (such as the internet) are secure; and business continuity assured in the event of a system failure.

3. (3)Develop, maintain, and periodically provide to the COR a master asset inventory list that reflects all assets, government furnished equipment (GFE) or non-GFE that were used to process judiciary information. The initial version shall be provided to the COR within six months of contract award and updated versions shall be provided at the end of each six-month period thereafter (or a period mutually agreed upon between the COR and the contractor, not to exceed 12 months).

4. (4)Ensure that contractor-owned removable media such as removable hard drives, flash drives, CDs, and laptops, containing judiciary data, are encrypted using a NIST FIPS 140-2 (or its successor) approved product.

5. (5)Ensure that rules of behavior, approved by the COR, are signed by all contractor employees assigned to work on the judiciary contract and address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information.

6. (6)Use secure coding practices in a manner that minimizes security flaws within the software for any software developed in support of the contract. Prior to the execution of a software development task, the contractor shall provide the COR a copy of the contractor's secure coding best practices policy and upon delivery of the software, the contractor shall certify in writing that the contractor complied with the policy in the performance of its obligations under the contract or task order.

7. (7)Represent and warrant that any software developed under a statement of work issued by the judiciary shall be free from all computer viruses, worms, time-outs, time bombs, back doors, disabling devices and other harmful or malicious code intended to or which may damage, disrupt, inconvenience or permit access to the software user's or another's software, hardware, networks, data or information.

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8. (8)Correct security-related errors in contractor developed software and applicable documentation that are not commercial off the shelf that are reported by the COR or discovered by the contractor. If the system is in production, such corrections shall be completed within one working day of the date the contractor discovers or is notified of the error (or a date mutually agreed upon between the COR and the contractor not to exceed 30 working days). If the system is not in production, such corrections shall be made within five working days of the date the contractor discovers or is notified of the error (or a date mutually agreed upon between the COR and the contractor, not to exceed 30 days). Latent defects will be handled in the same manner, as soon as they are discovered. If this is a task order contract, the requirement applies to any task order issued under the contract.

9. (9)Follow NIST 800-53A Revision 1, Guide for Assessing the Security Controls in Federal Information Systems and Organizations, NIST 800-18 Revision 1, Guide for Developing Security Plans for Federal Information Systems, the Judiciary Information Security Framework, version 1.0, the Guide to Implementing the Judiciary Information Security Framework, version 1.0, and other Administrative Office of the US Courts security policies and guidelines, as well as industry best security practices, standards, and guidance, to ensure that the information system will be or has been developed with reasonable and effective security safeguards in place to protect the confidentiality, integrity, and availability of judiciary information. If the aforementioned versions and revisions numbers have been superseded by a more recent version or revision of the cited publication, the most recent version shall be used.

10. (10)Work with the COR in performing Security Risk Assessments (SRA). This includes identifying risks related to the design and functionality of a new system against compliance with the judiciary's security risk management model.

Activities performed during this phase shall include analyzing how the security architecture protects the security of judicial information, identifying the system boundary, and assessing how management, operational, and technical security safeguards are implemented by the software and hardware, how the system interconnects with other networks while maintaining security, and lastly analyzing other inherent design features. Procedures, including a checklist, shall be developed by the contractor and used to document compliance with baseline security requirements and existing guidance from the Administrative Office of the US Courts.

11. (11)Initiate a Systems Security Plan (SSP) consistent with NIST 800-18 Revision 1 (or its successor publication) during the planning phase of the contractor's systems development life cycle and update the SSP regularly until it accurately reflects the production state of the information system. The contactor shall submit all drafts to the COR for review and comment. Comments shall be addressed to the satisfaction of the COR within five business days (or a date mutually agreed upon between the COR and the contractor, not to exceed 30 working days) of receipt. After a system is in production, the SSP must be updated the lesser of:

within 30 calendar days of a major change to the system or every two years.

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12. (12)Provide a requirements traceability matrix at the end of analysis phase, design phase, build phase, and deployment phase that designates the security requirements in a separate section so that they can be traced through the development life cycle. The contractor shall also provide the application designs and test plan documentation, and source code, if applicable, to the COR for review. Lastly, the contractor shall ensure that appropriate security management tools are in place to allow for the review of security configurations, user identities, etc., so that the implementation of security safeguards can be validated.

13. (13)Have in place configuration management and change control processes to prevent unauthorized modifications or additions to the information system and to ensure that any changes made to the information system are attributable to the individual who implemented the change.

14. (14)Without exception, prior to making changes that may produce a negative impact on security, perform a risk assessment that documents the purpose of the change, its security impact, and any compensating safeguards that need to be implemented to reduce residual risk. The risk assessment documentation shall be provided to the COR prior to change implementation.

15. (15)Perform self-testing of the contractor's implemented security controls, and continuously monitor all testing activities and report on the performance and effectiveness of the information system's security safeguards to the COR. The specific assessments procedures as outlined in draft NIST Special Publication 800-53A (or its successor), shall be used by the contractor to assess the effectiveness of implemented security safeguards. The contractor shall provide security test plans and proposed test methods to the project manager within fifteen business days of test execution for review and approval.

16. (16)Provide a determination statement describing the results of each tested security safeguard within ten days of security test execution. When the results indicate that a safeguard is operating in a partially satisfied or otherwise not satisfied condition, the contractor shall document the security risk associated with the applicable condition, indicating which portions of the security safeguard have not been implemented or applied.

17. (17)Take corrective action to remedy any deficiencies impeding the successful implementation of a security safeguard. Corrective action must be taken within ten business days (or a date mutually agreed upon between the COR and the contractor not to exceed 30 working days) of discovery.

18. (18)Include verification and validation to ensure that the corrective action successfully remedies any safeguard failures identified during security testing.

19. (19)Provide a determination, in a written form agreed to by the COR, on whether the implemented corrective action was adequate to resolve the identified information security weaknesses and provide the reasons for any exceptions or risk-based decisions.

20. (20)Report to the COR, within 24 hours of discovery, any suspected or confirmed security incidents relative to the systems and data used in fulfillment of this

SOLICITATION NUMBER MIEDCLERK25-0003 Page 21 contract and to cooperate in the investigation and resolution thereof. If a data breach occurs or is discovered outside of regular business hours and the COR cannot be reached, the contractor shall call the Judiciary Automated Systems Incident Response Capability (JASIRC) via phone on (202) 502-4370 or via an email message to either SOC@ao.uscourts.gov or JASIRC@ao.uscourts.gov.

3. (c)Personally Identifiable Information Notification and Use Requirement If the contractor has access to sensitive personally identifiable information (PII), the contractor shall certify that it has a security policy in place that contains procedures to promptly notify any individual whose PII was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the COR, for both method and content of notification, before the notification is released. The contractor assumes full responsibility for taking corrective action, which may include offering credit monitoring when appropriate.

4. (d)Pass-through of Security Requirements to Subcontractors For each subcontractor whose work requires access to judiciary facilities, IT resources, or data, the contractor must certify that it has incorporated this clause in the subcontract. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor.

5. (e)Certification of Destruction/Sanitization At the expiration of the contract, the contractor shall return all judiciary information and IT resources provided to the contractor during the contract, and provide a certification that all contractor assets, e.g., laptops, thumb drives, servers, and databases, containing or used to process judiciary information have been sanitized or destroyed. Upon submission of the final invoice (or sooner upon COR request), the contractor will certify in writing that sanitization and/or destruction has been performed pursuant to a method allowable under the NIST Special Publication 800-88, Guidelines for Media Sanitization (or its successor). This certification shall be in a form substantially similar to AO Form 553 and shall include a description of the data and the asset on which it was stored, the date and method of destruction/sanitization, and by whom.

The contractor's final invoice is due and payable only when it has complied with the requirements of this paragraph.

CLAUSE 3-3, Provisions, Clauses, Terms and Conditions - Small Purchases (JUN 2024)

1. (a)The following provisions are incorporated by reference into the request for quotations

(RFQ):

1. (1)Provision 3-70, Determination of Responsibility (JAN 2003)

2. (2)Provision 3-210, Protests (JUN 2014)

3. (3)Provision 7-60, Judiciary-Furnished Property or Services (JAN 2003)

2. (b)The contractor shall comply with the following clauses incorporated by reference:

1. (1)Clause 1-15, Disclosure of Contractor Information to the Public (AUG 2004)

2. (2)Clause 2-60, Stop-Work Order (JAN 2010)

3. (3)Clause 3-205, Protest After Award (JAN 2003) https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#p_3_70 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#p_3_210 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#p_7_60 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_1_15 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_2_60 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_3_205

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4. (4)Clause 7-20, Security Requirements (APR 2013)

5. (5)Clause 7-30, Public Use of the Name of the Federal Judiciary (JUN 2014)

6. (6)Clause 7-35, Disclosure or Use of Information (APR 2013)

7. (7)Clause 7-85, Examination of Records (JAN 2003)

8. (8)Clause 7-125, Invoices (APR 2011)

9. (9)Clause 7-130, Interest (Prompt Payment) (JAN 2003)

10. (10)Clause 7-135, Payments (JAN 2003) (Payment means acceptance by the inclusion of this clause.)

11. (11)Clause 7-140, Discounts for Prompt Payment (JAN 2003)

12. (12)Clause 7-150, Extras (JAN 2003)

13. (13)Clause 7-185, Changes (APR 2013)

14. (14)Clause 7-200, Judiciary Delay of Work (JAN 2003) (Applies for products and fixed-price services.)

15. (15)Clause 7-210, Payment for Emergency Closures (APR 2013)

16. (16)Clause 7-235, Disputes (JAN 2003)

3. (c)The contractor shall comply with the following clauses, incorporated by reference, unless the stated circumstances do not apply:

1. (1)Clause B-20, Computer Generated Forms (JAN 2003) (Applies when the contractor is required to submit data on standard or optional forms.)

2. (2)Clause 6-60, Rights in Data - General (JUN 2012) (Applies if data will be produced, furnished, or acquired under the purchase order.)

3. (3)Clause 7-145, Government Purchase Card (JAN 2003) (Applies when the CO determines that the purchase card can be used to make payments.)

4. (4)Clause 2-57, Protecting, Reporting, and Responding to Incidents Involving Sensitive Information (JUN 2024) (Applies when contractor and/or subcontractor employees will have access to Sensitive Information, or have access to or handle systems containing Sensitive Information, or collect or maintain Sensitive Information on behalf of the Judiciary, or use a contractor information system(s) to process, store, or transmit Sensitive Information.)

5. (5)Clause 2-115, Terms for Commercial Advance Payment of Purchases (APR 2013) (Applies if advance payment will be authorized.)

6. (6)Clause 2-115, Alt I (OCT 2006) (Applies if advance payment is authorized for photocopy equipment maintenance.)

7. (7)The following apply to products only:

1. (a)Clause 2-25A, Delivery Terms and Contractor's Responsibilities (JAN

2003) (Purchase order will specify whether delivery is expected at destination or origin.)

https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_7_20 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_7_30 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_7_35 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_7_85 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_7_125 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_7_130 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_7_135 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_7_140 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_7_150 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_7_185 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_7_200 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_7_210 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_7_235 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_b_20 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_6_60 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_7_145 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_2_57 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_2_57 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_2_115 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_2_115_alt1 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_2_25a

SOLICITATION NUMBER MIEDCLERK25-0003 Page 23

2. (b)Clause 2-45, Packaging and Marking (AUG 2004) (Applies to fixed-price contracts for products or for a service involving furnishing of products.)

3. (c)Clause 3-155, Walsh-Healey Public Contracts Act (JUN 2012) (Applies to purchase orders over $15,000 for the manufacturing or furnishing of products in the United States, Puerto Rico, or the U.S. Virgin Islands.)

8. (8)The following apply to services only:

1. (a)Clause 1-1, Employment by the Government (JAN 2003)

2. (b)Clause 1-5, Conflict of Interest (AUG 2004)

3. (c)Clause 3-160, Service Contract Labor Standards (MAR 2019) (Applies to any purchase order over $2,500, the principal purpose of which is to furnish services through the use of service employees for work to be performed in the United States, Puerto Rico, Guam, or the U.S. Virgin Islands, except where Clause 3-215, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements, or Clause 3- 225, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services - Requirements apply. See (7)(g) and (7)(h) below.)

4. (d)Clause 7-40, Judiciary-Contractor Relationship (JAN 2003) (Applies to all services.)

5. (e)Clause 7-65, Protection of Judiciary Buildings, Equipment and Vegetation (APR 2013) (Applies when services are performed at a judiciary building.)

6. (f)Clause 7-205, Payment for Judiciary Holidays (OCT 2023) (Applies to time-and-materials or labor-hour contracts.)

7. (g)Clause 3-215, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements (MAR 2019) (Applies if the request for quotation included Provision 3-195 and the contractor certified its compliance with the conditions stated in the provision.)

8. (h)Clause 3-225, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services – Requirements (MAR 2019) (Applies if the request for quotation included Provision 3-220 and the contractor certified its compliance with the conditions stated in the provision.)

4. (d)Inspection/Acceptance The contractor shall tender for acceptance only those products and/or services that conform to the requirements of this contract. The judiciary reserves the right to inspect or test any products or services that have been tendered for acceptance. The judiciary may require repair or https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_2_45 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_3_155 https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-1-overview/appx-1b-solicitation-provisions-and-contract-clauses#c_1_1…