Exhibit A - Description of Goods Services and Additional Terms Conditions.pdf

RFB No DOJ -2018-02 Printing and Delivery of U.S. Supreme Court Briefs

Bidder Initial ___________

EXHIBIT A

SCOPE OF WORK:

DESCRIPTION OF GOODS & SERVICES AND ADDITIONAL TERMS & CONDITIONS

1. DESCRIPTION OF GOODS AND SERVICES:

1.1. Preparation and delivery of U.S. Supreme Court Briefs

Bidder must follow the Court guidelines for document preparation as written in Rules of the

Supreme Court of the United States, Adopted April 19, 2013, Effective July 1, 2013, including but not limited to:

• Technical consultation/project definition

• Interpreting Court requirements

• Reviewing and formatting

• Proofreading (if applicable)

• Printing

• Preparing required copies

• Timely filing with the Court and opposing counsel

1.2. Delivery of Documents to the Contractor

1.2.1. DOJ shall contact the Contract and providing the Contractor with the deadline date that the brief must be filed with the U.S Supreme Court, and the number of briefs required, (including five (5) copies of the brief that the contractor shall mail to DOJ) prior to delivery of the job document to the contractor

1.2.2. The Contactor shall provide the DOJ with the date that the Contractor will need to receive the documents, and

1.2.3. The contractor shall reserve a printing job time in advance in order to prepare, print, and meet the filing deadline of the brief with the Court.

1.2.4. DOJ shall provide the Contractor with copy of legal document, double-spaced, on 8.5” by 11” paper on the date agreed by DOJ and the Contractor. Appendix material shall be scanned and sent with legal brief copy. This copy shall be provided to the Contractor electronically via ShareFile and/or in whatever file type and format DOJ deems secure.

1.2.5. DOJ will provide either camera-ready and/or electronic copy of the documents. The DOJ may elect to use its own software( such as Quark, MS, Front Page, PageMaker, Adobe Acrobat, or other program) to provide electronic copy via email, shareFile, Bidder Initial ___________ and overnight mail for delivering job files. The contractor shall be responsible for handling the job files in whatever format DOJ uses.

1.3. Document Preparation, Printing, delivery and Filing

1.3.1. The Contractor shall review, format and proofread the document prior to printing, and ensure compliance with the Rules of the Supreme Court of the United States and DOJ special requirements. The Contractor shall send proofs to DOJ via shareFile and/or as instructed by DOJ.

1.3.2. The Contractor shall prepare and print the briefs and Appendices in accordance with the Rules of the Supreme Court of the United States and/or DOJ special requirements.

1.3.3. The Contractor shall provide final printed proofs as requested by DOJ. Final proofs shall be only for purposes of the correctness of the copy and not for purposes of determining compliance with the Appendices. The Contractor shall comply with all other requirements, including but not limited to paper stock, composition, inks, carbons, color sequences, and numbering, in accordance with the Appendices and/or sample(s)/mock-up(s).

1.3.4. The Contractor shall serve opposing counsel and file, with the Clerk of the United States Supreme Court, the required 40 copies, and provide notarized proof of service to the DOJ. The contract shall provide proofs of all filings to DOJ. Contractor may charge DOJ for the actual postage charges incurred.

1.3.5. The Contractor shall deliver the printed materials to the Supreme Court by the final filing deadline specified by DOJ in section 1.2.

1.3.6. The contractor shall deliver five (5) hardcopies of the printed briefs to DOJ to the following address:

Wisconsin Department of Justice

Division of Legal Services

17 West Main St Madison, WI 53703

2. ADDITIONAL TERMS AND CONDITIONS

2.1. State Ownership:

All the work product, including, but not limited to, documents, materials, files, report date including negatives, plates, images, logos, mechanicals, computer media and similar products and information(the “documents”) generated by the Contractor that relate to this Contract are sole property of the State of Wisconsin.

2.2. Composition/Specifications:

Bidder Initial ___________

The Contractor shall perform in compliance with all content and requirements stated in the bid.

2.3. Deviation in Quantities:

The DOJ will not pay for any quantities exceeding DOJ’s request. Any deviation from the requested quantities must first be agreed upon and approved by DOJ, in advance in each case. The pricing shall reflect and not to exceed the price permutation provided by the bidder in the Price Cost sheet-Appendix A

2.4. Additional Pages/Author’s Alterations/Additional Charges:

When any additional changes are needed (e.g., additional pages for a publication, author’s alterations), the Contractor shall submit to the DOJ a list containing the description of the work to be performed along with any proposed charges. The DOJ shall either approve or disapprove these changes and charges. The Contractor shall not perform such additional work without the prior written approval from the DOJ. The DOJ shall not be responsible for any charges which it has not previously approved in writing.

2.5. Discrepancies:

In the event of any discrepancies between the final proofs and the Appendices, the Appendices shall govern. The Contractor shall notify the DOJ of any discrepancies between the final proofs and the Appendices for resolution of the discrepancy. Failure to notify the DOJ shall not relieve the Contractor from completing the job in accordance with the Appendices at no additional cost to the DOJ.

2.6. Package Delivery to the U.S. Supreme Court:

Contractor shall hand-deliver the brief(s) to the U.S. Supreme Court when necessary in order to meet the brief(s) submission deadlines to the U.S. Supreme Court at no additional charges.

2.7. Package/Delivery to DOJ (when applicable):

The weight of delivered cartons is not to exceed 40 lbs., unless the purchase order states otherwise. The Contractor shall deliver the cartons without loose packing. Each carton and package shall be labeled on each end, showing description, quantity and form numbers.

2.8. Late Delivery And Correspondent Liquidated Damages:

The parties acknowledge and agree that the damages that are to be expected as a result of the Contractor failing to deliver the forms to the Supreme Court on its guaranteed date are uncertain in amount or very difficult to prove. Accordingly, the Parties intend and agree to liquidate damages in advance and stipulate that the amount set forth in this paragraph is reasonable and an appropriate remedy as liquidated damages and not as a penalty. If the Contractor fails to meet its delivery guarantee, then the Contractor shall pay the DOJ liquidated damages in an amount equal to $1,000.00 for each complete Day and part of a day after the time guaranteed for delivery to the Supreme Court and the actual delivery time to Supreme Court.

Bidder Initial ___________

2.9. Quality Requirements:

The DOJ may provide to the Contractor with specific criteria for each job, however, the Contractor shall always perform in accordance with the following three integrity and quality standards:

a. Content Integrity: The Contractor shall manufacture the booklets free of content errors, which include, but are not limited to, missing text or graphics, mispagination, and incorrect information (e.g., material from another job). If the booklets contain any such error, then the Contractor, at its sole cost and expense, shall correct the errors by replacing the booklets within the time that the DOJ requires the booklets.

b. Production Quality: The Contractor shall perform in accordance with all of the State’s quality standards as set forth in the bid requirements, and particularly ink density, screen percentage, register, and color matching. The Contractor shall produce the final products to match the “signed” proofs, including all changes made at final approval.

c. Production Quantity: The Contractor shall produce the amounts set forth in the Price Sheet, Appendix A, and or agreed in advance, in each case, between the DOJ and the Contractor. The DOJ shall not incur and the Contractor shall not invoice the DOJ for any charges for production in excess of the amounts set forth in Appendix A or agreed upon in advance.

2.10. Quality Control:

The DOJ may require a random sample (minimum of 5 finished pieces or more) from each job run produced, at the DOJ’s expense. No invoice shall be paid until this sample has been reviewed and accepted. If the sample shows the Contractor did not produce the booklets according to specifications, then the DOJ may reject the entire order and only pay for the received sample at the rate of “sample volume/total purchase order volume” x “total purchase order price.

2.11. Quality Assurance Guarantees:

The Contractor guarantees that the booklets shall be free from defects in materials and workmanship. The terms of this Contract shall supersede any language to the contrary on purchase orders, invoices or other documents produced by the Contractor.